ENB Region 8 Completed Applications 05/17/2006

Under the supervision of the Chemung County Soil and Water Conservation District, the applicant proposes to soften the curve in Pantherlick Creek in order to protect two buildings adjacent to the eroded banks of the creek.  The proposed work includes two sections of the creek, approximately 100 feet long each, where gravel bars will be reshaped and used as backfill on the eroded banks.  The project is located southeast of the intersection of Pine Valley Road and Dunn Road in the Town of Catlin, Chemung County.

American Packaging Corporation has submitted an application for renewal and modification of its Title V Facility Permit for air pollution processes at the American Packaging Corp - Rochester Facility, located at 777 Driving Park Ave in the City of Rochester.  The facility manufactures specialty printed packaging for the food industry. It meets the definition of a major facility in 6 NYCRR Part 201-2.1(b)(21), and is subject to Part 201-6 (Title V), due to emissions of volatile organic compounds in excess of 100 tons per year.

The Title V Facility Permit was originally issued March 10, 1999.  A minor modification became effective October 25, 2000 to authorize additional ozone treatment equipment.

Facility Emission Unit A-00001 includes extrusion, ozone treatment, and printing operations.

Emission Unit A-00002 includes flexographic and rotogravure packaging printing and coating operations using both solvent based and water based inks.

In addition to operations authorized by the previous Permit, the application for renewal proposes additional in-line printing operations with water based inks and an additional ozone treater in Emission Unit A00001.

Due to a violation and Consent Order, the renewed permit also includes:

C    A 200 ton per year VOC emission limit  for Emission Unit A00001;

C    A new thermal oxidizer for VOC control in Emission Unit A00001; and

C    A Part 228 and Part 234 VOC RACT variance limit for a solvent based ink printing and coating process (process FLS) in Emission Unit A00002, restricting VOC emissions from that process to 57.4 tons per year.

The application and Draft Permit are available for review at the Region 8 NYSDEC office.

The Draft Title V Facility Permit and Permit Review Report may be viewed or downloaded as .pdf files 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: www.dec.state.ny.us/website/ohms/gudph1.htm .

The applicant proposes to build a 20 foot by 25 foot extension on an existing shed within the regulated 100-foot adjacent area of Freshwater Wetland PN-12 (Class III). The proposed work area is currently maintained as lawn.  The project is located on Shoecraft Road approximately 1670 feet east of the intersection with Five Mile Line Road in the Town of Penfield, Monroe County.

The applicant proposes a one-time proposed discharge of 150 gallons of 1% Aluminum Sulfate (Alum) solution per acre to an 800 acre deep water (>18ft in depth) section of Honeoye Lake in an effort to bind phosphorus in the bottom sediments. The application will take place over an approximately 7 day period and be conducted using a treatment barge applying the alum through weighted hoses at least 6 feet below the lake's surface. The draft SPDES permit requires water quality monitoring pre-treatment, during the treatment, and post-treatment.

The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System(SPDES) permit under Article 17 of the Environmental Conservation Law. This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time. As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify Department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project. Refer to this application by application number listed above and SPDES number, NY-0247421.