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New York Organic Fertilizer Co.

March 5, 2002


Applicant: New York Organic Fertilizer Co. (NYOFCO), 1108 Oak Point Avenue, Bronx, NY 10474, Peter Scorziello, Plant Manager.

Application Number: DEC # 2-6007-00140/00011

Project Description: NYOFCO operates a fertilizer production facility that takes in about 69,000 pounds per hour of digested sewage treatment plant sludge. The facility dries and pelletizes the sludge to produce a commercial fertilizer. The facility has six identical processing trains. A natural gas burner rated at 25 MM Btu/hr provides heat to the dryer and a large volume of sweep air necessary for the drying process. The applicant is also authorized to use low-sulfur oil as back-up fuel.

During the drying process, some ammonia, nitrogen compounds and volatile organic compounds (VOCs) are released into the dryer sweep air. This air exits the cyclone pellet separator and into a dual cyclone and venturi scrubber with a mist eliminator. The scrubber uses sulfur acid to remove ammonia prior to treating it to the regenerative thermal oxidizer (RTO). The purpose of the RTO is to reduce VOCs, carbon monoxide (CO), and odor emissions.

Permit History: This facility has been operating for 11 years and was previously the subject of a New York State Department of Environmental Conservation (DEC) review. As a result of those proceedings, DEC issued NYOFCO a solid waste management facility permit pursuant to Article 27 of the Environmental Conservation Law as well as a combined air facility permit pursuant to Part 201 of Title 6 of the New York Compilation of Codes, Rules and Regulations.

Pursuant to Title V of the Federal Clean Air Act, the applicant must also obtain a Title V permit from DEC and this application is the subject of these proceedings. In accordance with the requirements of ECL Article 19 and 6 NYCRR Part 201 (Permits and Registrations), NYOFCO has filed a complete application with DEC for this Title V permit.

DEC's Notice of Complete Application dated July 25, 2001 for this facility was published in the August 3, 2001 edition of The Daily News as well as the Department's August 3, 2001 Environmental Notice Bulletin (ENB). By notice published in the September 5, 2001 edition of the ENB, the Department extended the period for receipt of public comment until September 28, 2001. Based upon the significant community interest expressed in these comments, the Department staff has decided it is appropriate to schedule a public hearing.

Applicable Law and Regulation: The Title V permit application is being processed by DEC staff pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 19 (Air Pollution Control), and 6 NYCRR Subpart 201-6 (Permits and Registrations) and Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures). Federal air regulations 40 Code of Federal Regulations (CFR) Part 61 subpart E §§ 50, 52, 53 and 40 CFR Part 82 subpart F §§ 154, 156 and 166 also apply.

In accordance with 6 NYCRR § 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 Federal Clean Air Act or 6 NYCRR Part 201.

SEQRA Status: The DEC staff has determined that this application is a Type II action as designated by 6 NYCRR §617.5(c)(26). A comprehensive environmental review was conducted by DEC staff in 1991 and 1992 when NYOFCO originally applied to the Department for the necessary permits to construct and operate this facility. In the State Environmental Quality Review Act review for this facility, the New York City Department of Environmental Protection (DEP) served as lead agency. The SEQRA review included a draft environmental impact statement (DEIS) completed on May 15, 1991 and a final environmental impact statement (FEIS) completed on September 30, 1991. DEC's SEQRA Findings Statement was issued on May 12, 1992.

Tentative DEC Staff Position and Document Availability: The Department staff has reviewed NYOFCO's application materials and supporting documentation and has tentatively determined that it can approve the application. DEC staff has prepared a draft permit to ensure compliance with all regulatory requirements that is available for public review.

The application materials and the draft permit are available for review at the following locations between 9:00 a.m. and 4:00 p.m., Monday through Friday:

  • NYSDEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550. Contact: Administrative Law Judge Helene G. Goldberger at (518) 402-9003;
  • NYSDEC Region 2 Office, 47-40 21st Street, Long Island City, NY 11101. Contact: John F. Cryan at (718) 482-4997;
  • Hunt's Point Regional Public Library, 877 Southern Blvd. (at Tiffany Street), Bronx, NY 10459. Contact: (718) 617-0338.
  • Community Board # 2 - 1029 E. 163rd Street, Bronx, NY 10459. Contact: (718) 328-9125.

Written Comments: All written comments about the draft 201-6 Title V air permit must be postmarked by April 12, 2002, and sent to John Cryan at the NYSDEC Region 2 Office, 47-40 21st Street, Long Island City, NY 11101.

Public Hearings Session

Legislative Public Hearing: A legislative hearing session to receive unsworn statements from the public on the application and the draft permit, described above, will be held before ALJ Helene G. Goldberger at 6:00 p.m. on April 17, 2002 at Joseph R. Drake School, 1290 Spofford Avenue, Bronx, New York. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral and written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ, identified above, at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

Daniel E. Louis
Chief Administrative Law Judge

March 5, 2002

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