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ENB Region 5 Completed Applications 02/18/2009

Saratoga County

Applicant:

MPM Silicones LLC
260 Hudson River Rd
Waterford, NY 12188

Facility:

Momentive Performance Materials
260 Hudson River Rd
Waterford, NY 12188

Application ID:

5-4154-00002/01743

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Waterford, Saratoga County


Project Description:

The Department (DEC) has prepared a draft permit and made a tentative determination to issue a modification to the existing Air Title V Facility permit for the Momentive Performance Materials facility. The modification includes conditions recently promulgated under regulation 6 NYCRR Part 243. This regulation requires facilities to obtain/possess at least as many "allocations" of oxides of nitrogen (NOx) as they emit into the atmosphere during the Ozone Season. An "allocation" is a unit of pollution which is limited by a budget established by this regulation. The DEC developed this regulation in response to the United States Environmental Protection Agency's (EPA) recent "Clean Air Interstate Rule" (CAIR). The regulation is included in New York's "State Implementation Plan" (SIP) which has been approved by the EPA as required by the Clean Air Act of 1990.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the EPA 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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html. The application and supporting documentation are available for review at the DEC Warrensburg office by contacting Stephen Barlow, Division of Air Resources, telephone (518) 626-1216.

DEC will evaluate the application and any comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the DEC contact listed below. A copy of DEC's permit hearing procedures is available on the DEC website at: http://www.dec.ny.gov/permits/6234.html.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Mar 20, 2009.

Contact:

W Richard Speidel
Region 5 Warrensburg SUB-OFFICE
232 Golf Course Rd
Warrensburg, NY 12885
(518)623-1281
dep.r5@dec.ny.gov


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