ENB Region 8 Completed Applications 08/23/2006

The Town of Bryon proposes to place a 37,550 LF of new waterline along Route 237 and several side roads which will cross three Class C streams and approximately 680 linear feet of regulated Freshwater Wetland CH-25, by open trench or bore method, along Route 237 north of the NYS Thruway.  The file is available for review and comment at NYSDEC Region 8.    

Cryovac Inc has submitted an application for modification of its Title V Facility Permit for its Gates Facility located at 1525 Brooks Ave.  The facility manufactures specialty packaging systems for the food industry.  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.  Facility operations include plastic film extrusion from polyolefin resin pellets, flexographic printing operations on plastic film, and speciality coating and adhesive laminating operations on plastic film.

Potential emissions of VOC from this facility exceeded 250 tons per year when the Title V Facility Permit was renewed on June 29, 2005.  The proposed changes involve the addition of 2 new presses and a regenerative thermal oxidizer to control their VOC emissions, and the removal of 2 existing presses and a parts washer.  Cryovac has proposed to restrict the increase in potential VOC emissions due to equipment additions to less than the 6NYCRR Part 231 New Source Review (NSR) threshold of 40 tons per year, by limitations on annual operating hours of the new and existing presses, operation of the new regenerative thermal oxidizer with the new presses, and increased operation of an existing catalytic oxidizer.  Previous increases in facility emissions due to modifications in 1999 and 2005 were also limited to less than the Part 231 threshold.

The application, Draft Permit, and Permit Review Report are available for review at the Region 8 NYSDEC office.  The Draft 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: http://www.dec.state.ny.us/website/ohms/gudph1.htm .