ENB Region 8 Completed Applications 10/04/2006

McWane Inc has submitted an application for an initial Title V Facility Permit for its Kennedy Valve facility, which manufactures valves and hydrants used primarily in potable water systems.  Facility operations include an iron foundry and a machine shop for production of valve and hydrant parts, and dip, spray, and powder coating processes.

To date, facility operations have been authorized under the terms of certificates to operate issued in 1995 and 1997, which restrict levels of emissions to below Title V thresholds.  Due to equipment modifications and anticipated production increases, the Kennedy Valve facility will become subject to 6NYCRR Part 201-6 (Title V) permit requirements due to potential emissions of carbon monoxide (CO) increasing to greater than 100 tons per year.

McWane also proposes to restrict facility emissions of total hazardous air pollutants (HAP) to no more than 24.9 tons per year, and emissions of any individual HAP substances to no more than 9.9 tons per year, below the 25 and 10 ton thresholds in 40CFR 63 Subpart EEEEE regulations for HAP emissions from iron and steel manufacturing processes, and 40CFR 63 Subpart MMMM regulations for HAP emissions from miscellaneous metal coating  processes.  By restricting HAP emissions to below the thresholds above these regulations will not apply to the Kennedy Valve Facility.  Additionally, McWane proposes to incorporate provisions of 6 NYCRR Part 201-6.5(f) regarding operational flexibility into the Title V permit.

In response, the Department has generated a Draft Title V Permit restricting the annual tonnage of iron melted to 75,000 tons, specifying records of usage of all materials with HAP contents must be maintained facility-wide to document HAP emissions, and defining the allowable changes under Part 201-6.5(f) operational flexibility.

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 621.7(b)(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 to expand and deepen an existing pond  to a final size of 175' x 175' and 8' deep.  The pond is on his property located at 2951 Lear Rd. in the Town of Batavia, Genesee County and is within the Class 4, state regulated Freshwater Wetland, AX-11.

The Department has received an application to create Arcadia Water District #9 and take for use therein a supply of water estimated to average 11,000 gallons per day from the Wayne County Water and Sewer Authority's Western Service Area supply network.  This project includes the installation of 19,700 linear feet of 8 inch watermain and appurtenances to serve 85 residences. A portion of the watermain will be installed within the regulated 100 foot adjacent area of NYS Freshwater Wetland NE-1 along Ryder Road and Tack Road.  The Department has made a tentative determination to approve this application.  As a tentative determination, the Department is seeking public comments prior to making a final decision on permit issuance.