ENB Region 9 Completed Applications 08/23/2006

The applicant proposes to mine sand and gravel, and material processing with a portable dry-screen that has a maximum capacity less than 150 tons per hour, on 8.7 acres of land. The estimated life of the mine is 5 years and the reclamation objective is agriculture.  The site is  north of Webster Road, about 0.45 mile west of Manson Road.  The proposed haul road provides access to Webster Road.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for renewal and modification of a Title V permit. Cello-Pack Corporation is a commercial flexographic printing facility located in the Town of Cheektowaga, Erie County.  The facility uses flexographic printing presses used to print packaging products on various substrates including polyethylene, polypropylene, cellophane, nylon, and polyester.  Cello-Pack intends to modify the facility by removing three existing presses and installing one new press.  The facility will limit potential VOC emissions from the entire facility to less than 187 tpy for purposes of capping out of the source project requirements of 6NYCRR Part 231-2.

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.