ENB Region 5 Completed Applications 07/05/2006

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for the renewal of the existing Title V permit for the applicant's pulp and paper manufacturing mill.  International Paper has submitted a separate application for a permit modification to authorize a temporary two week test burn of tire derived fuel(TDF). The Department is processing that permit application separately. This renewal does not address the use of tire derived fuel(TDF).   The renewed permit does include a new concentration limit for nitrogen oxide(NOx) emissions from the lime kiln. The new concentration limit replaces an incorrect limit contained in the prior permit. Operation of the lime kiln is regulated by 6NYCRR Part 212(General Process Emission Sources). This regulation requires that the facility submit a process specific Reasonably Available Control Technology(RACT) analysis, which demonstrates that the facility as currently designed and operated meets RACT. New York State does not have a NOx emission limit for pulp and paper lime kilns, but the RACT analysis undertaken by the permittee recommends a NOx limit equivalent to the limit established by the state of Maine. That limit is 120 parts per million of NOx by volume corrected to 10% oxygen content. The Department has included this NOx limit in the draft permit. Other minor changes to the permit include a change to parameter monitoring limit based on a recent stack test, inclusion of an opacity monitoring requirement for the power boiler and a number of conditions rewritten for clarity. Administrative changes were also made to the permit replacing some current conditions with Department mandated revisions.

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.  The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

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 the rehabilitation/reconstruction of approximately 2.8 miles of NYS Route 30 between Maddox Road and Queen Street including the causeway in the vicinity of the Raquette River and Raquette and Simon Ponds.  The project includes drainage and utility improvements; a combination of relocation of overhead and the installation of under-grounding of sections of certain existing overhead utilities to enhance scenic vistas; construction of two parking areas and two pull-offs creating enhanced public viewing areas, one of which will have visitor interpretive signage; realignment of Raquette River Drive intersection with NYS Route 30; and pavement striping and signage improvements.  The project involves impacts to 0.19 acres of state and federally regulated wetland and undertaking of the proposed wetland mitigation plan which involves wetland restoration at two - 0.20 acre sites located within the project area. Approximately 285 lineal feet of shoreline will be stabilized as part of the project.  The Raquette River is classified as Scenic under the Wild, Scenic and Recreational Rivers Program.

The applicant has proposed to develop 5 new wells at the O'Brien wellfield located on the southwest corner of the intersection of Jones Rd. and Interstate 87. The new wells have been tested at a capacity of 885 gallons per minutes and will be utilized through the existing water distribution system. The development of these wells will allow the the applicant to meet peak demand requirements and to replace existing less productive wells.