ENB Region 8 Completed Applications 03/01/2006

The Department has received an application from Schweizer Aircraft Corporation for an initial Air State Facility Permit. The permit covers operations at Schweizer Aircraft Corporation, located at 1250 Schweizer Road in the Town of Big Flats. Emission sources at the facility are eight paint spray booths, one mix booth and three curing ovens.

The draft Air State Facility permit includes a cap on the facility's emissions of volatile organic chemicals (VOCs) and hazardous air pollutants (HAPs) to below the applicability thresholds for a major stationary source. The draft permit contains limits of 40 tons per year for VOCs and 20 tons per year for HAPs. Because of these emission restrictions, the facility is not subject to the Title V facility operating permit requirements (6NYCRR Part 201-6), and is below 6NYCRR Part 228 applicability, Table 2 - Aerospace Coating Lines. Schweizer Aircraft has agreed to maintain records that verify facility emissions of total VOCs and HAPs during any consecutive 12-month period. All required records must be maintained on-site for a minimum of five years, and made available to the Department upon request to verify compliance with permit conditions. The Department intends to issue the permit at the conclusion of the public comment period, unless comments are received which raise significant issues that have not been addressed.

The application and draft permit are available for review at the Region 8 NYSDEC office.

Sunoco Partners Marketing & Terminals LP - Rochester Terminal, is a petroleum product storage and distribution facility located at 1840 Lyell Avenue in the City of Rochester.  The facility is subject to 6 NYCRR Part 201-6, Title V Facility Permits, for major stationary sources due to potential emissions of volatile organic compounds (VOC) in excess of 50 tons per year.  A renewal of the facility’s Title V Facility Permit, for emissions of air contaminants, was issued September 14, 2005.

The Department proposes a Department Initiated Modification of the renewed Title V Facility Permit, to revise two Compliance Certification Conditions as directed by EPA. These are:

Condition 45:    Applicable Federal Requirement:    40CFR 64 ; and

Condition 46:    Applicable Federal Requirement:    6NYCRR 229.3(d)(1)

EPA had determined that revisions to these conditions were needed to adequately demonstrate compliance, and that this permit modification should be subject to public notice and comment.

In addition, Capping Monitoring Conditions 52 through 64 have been replaced by Conditions 1-3 through 1-15, to correct the applicable rule cited to 6NYCRR Part 201-7.2, and Compliance Certification Condition 24 has ben replaced by Condition 1-1 to better define changes allowed under the facility’s Operational Flexibility Plan.  All other conditions in this modified Title V Permit remain unchanged from the current Renewed Permit issued September 14, 2005, which reflected no significant changes from the previous Title V Permit, effective October 4, 2001.  Potential emissions proposed for the modified permit will be unchanged from those authorized by the current permit.

Facility emissions include fugitive emissions from seven internal floating roof tanks larger than 400,000 gallons, truck loading operation emissions vented through a vapor combustion unit control device, fugitive emissions from fuel additive storage tanks, and transmix loading operations.  (Transmix is a by-product of pipeline transport, created by mixing of different products.)  

The modified Permit will continue the present restriction on emissions of hazardous air pollutants (HAP) to below the 40 CFR Part 63 Subpart R (and Title V) thresholds of 10 tons per year of any individual HAP and 25 tons per year of all HAP compounds combined.  To accomplish this, facility throughput will continue to be limited to 186,513,591 gallons of gasoline, 193,146,042 gallons of distillates (#1 and #2 oil) and 1,310,000 gallons of transmix in any 12 consecutive month period.  Records to document facility throughput must be maintained on site for 5 years, and made available to department inspectors on request.

The Draft Title V Facility permit may be viewed or downloaded as a .pdf file at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below.  It is recommended that an appointment be made to confirm the availability of the subject files.  The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing.  A public hearing may be legislative or adjudicatory.  A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists.  If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments.  The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing.  Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist.  A copy of the Department's permit hearing procedures is available upon request or on the Department web site at:

http://www.dec.state.ny.us/website/ohms/gudph1.htm.

The applicant proposes a minor addition to an existing home which is partially located lakeward of the Coastal Erosion Hazard Area Natural Protective Feature Line. The addition will increase the footprint of the house and deck from 2,627 square feet to 3,166 square feet, a 20.5% increase.  

Applicant proposes to install/modify dock and boat lift at 36 Avalon Trail on Irondequoit Bay.  The dock will be  a 60 ft. by 4 ft. wooden dock on steel pilings.  Four pilings are proposed adjacent to the dock for framing  of a boat lift. An existing 150 bulkhead is proposed to be repaired.  Work will be done within NYS Freshwater Wetland RE-1 (Class I).  

Applicant proposes to install/modify dock and boat lift at 50 Avalon Trail on Irondequoit Bay.  The dock will be  a 60 ft. by 4 ft. wooden dock on steel pilings.  Four pilings are proposed adjacent to the dock for framing  of a boat lift.  Also, a 49 ft. bulkhead is proposed to be repaired.  Work will be done within NYS Freshwater Wetland RE-1 (Class I).  

Applicant proposes to construct 1.5 acres of emergent /scrub-shrub wetland as compensatory mitigation for impacts to Corps of Engineers jurisdictional wetlands.  The project site is within the 100 ft. Adjacent Area of NYSDEC Freshwater Wetland RG-10 (II) .  All excavated material will be moved upland and stabilized outside the resulting 100 ft. Adjacent Area. The area will be subject to a restrictive covenant which has been reviewed and approved by the Department and the Town of Riga.  The project site is located approximately 800 ft. west of Sanford Road, south of NYS Route I-490 and adjacent to property owned by the Town of Riga.