ENB Region 9 Completed Applications 04/18/2007

The Department has prepared a draft permit modification which would allow the facility to construct and operate a re-usable "sharps" container emptying and cleaning operation. A 12,000 square foot structure, with connecting corridor to the existing building, would be constructed and the existing truck docking and trailer parking areas would be expanded in support of the new operation. The applicant currently operates a regulated medical waste processing facility using two autoclaves for sterilization of up to 99 tons of regulated medical waste per day. The proposed modification will not increase the current tonnage limit.

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.

Luvata Buffalo manufactures and processes various alloys of copper and zinc, including: casting, annealing, hot rolling and milling.  The facility is subject to Title V permitting requirements due primarily to the carbon monoxide generated from the combustion of natural gas in the annealing furnaces and boilers.  It is also subject to Prevention of Significant Deterioration requirements for the same compounds.   

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 increase the size of approximately 8,100 feet of gas main to six inches on the south side of Lockport Road (within the right-of-way) from Campbell Boulevard to Bear Ridge Road in order to maintain adequate pressures in the area. The gas main would go through approximately 730 feet of state regulated freshwater wetland LP-8 (Class II) and its regulated 100 foot wide 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.