ENB Region 8 Completed Applications 11/01/2006

United States Gypsum Company has submitted an application for renewal and modification of its Title V Facility Permit for air pollution processes at the U S Gypsum Co - Oakfield Plant, located at 2750 Maple Ave in the Town of Oakfield, Genesee County.

The facility utilizes recycled paper to manufacture paper for gypsum wallboard.  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 oxides of nitrogen (NOx) in excess of 100 tons per year.

Two Title V Facility Permits were originally issued, for gypsum production processes on April 13, 2001, and for paper mill processes on May 16, 2001.  Gypsum production operations ceased in 2002.  The current application includes emissions from remaining facility operations including:

    a 71.6 million BTU per hour natural gas fired turbine electric generator;

    a 65 million BTU per hour natural gas fired boiler;

    a waste water treatment plant;

    a paper manufacturing process; and

    an industrial landfill.

U S Gypsum Company also seeks to maintain a 6 NYCRR Part 227 NOx Reasonably Available Control Technology (RACT) variance for the facility granted by the Department in 1997.  This variance allows the operation of a cogeneration unit including a natural gas turbine and heat recovery boiler, without emission control equipment, and is based on the cost of emission control being in excess of the Department's current guideline level per ton of emissions controlled.  The variance restricts total emissions of NOx to 126 tons in any 12 month period, and will be subject to review with respect to any new control technology by the end of the 5 year permit term.  The permit also includes a 186 part per million limit on NOx emissions, based on 40CR60, subpart GG regulations.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application.

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.  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.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The applicant proposes to construct a 17 lot subdivision on their property located at the western extension of  Stone Barn Rd. in the Town of Chili, Monroe County.  The project is located within the Class II  freshwater wetland, CI-3, and its adjacent area.  

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The applicant proposes the addition of a 16' x 16' pressure treated deck to the lakeside of an existing residence. The proposed project is located within a regulated Coastal Erosion Hazard Area. The project requires a variance in accordance with 6 NYCRR Part 505.13 for the cumulative square footage of the deck and previous addition to the home exceed that which can be authorized without a variance.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The applicant proposes the creation of a 3.6 acre open water area in the NYS Freshwater Wetland RB-10 adjacent area. The project is being proposed as a Natural Resource Conservation Service (NRCS) Wetland Reserve Program project to enhance waterfowl habitat. Spoils will be removed from the wetland adjacent area and spread on an upland site.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.