Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 05/23/2001

Orange County
Applicant: Pencor Masada Oxynol LLC
2170 Highland Ave
Suite 200
Birmingham, AL 35205-
Facility: Orange Recycling & Ethanol Prod. Fac.
159 Dolson Avenue
Middletown, NY 10940-
Application ID: 3-3309-00101/00003
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Middletown, Orange County
Project Description:

DESCRIPTION of PROPOSED MODIFICATIONS:

     After review of the petitions submitted in August 2000 to the US Environmental Protection Agency (a.k.a. the EPA), the EPA Administrator issued a "Final Order" dated May 2, 2001, in which the US EPA upheld the July 25, 2000 Title V Air Quality permit issued by the New York State Department of Environmental Conservation (DEC). The DEC issued that permit to the Orange Recycling and Ethanol Production Facility (a.k.a. the Masada facility) to be located in the City of Middletown, Orange County, NY. As a result of the directive in the EPA's Final Order, the DEC has made a tentative determination to modify the issued permit to add the Special Conditions listed in paragraph "A" below, regarding NSPS (New Source Performance Standards) and to retain the current Special Conditions listed in paragraph "B" below, regarding the PTE (Potential To Emit), pending public comment on both.

     A). To modify the issued permit by adding Special Conditions #1-5.1, #1-5.2, #1-6.1 and #1-6.2 regarding the applicability of the NSPS (New Source Performance Standards) in Federal regulations 40 CFR 60 Subpart Db, for recordkeeping requirements.

     Summary of Item "A": This section of the Federal regulations requires the permittee to notify the DEC of; 1) initial startup of the air emissions portions of the facility, 2) the type of fuel and operating hours for each fuel, each day and, 3) to keep these records for at least 2 years. (Special Condition #18.1 of the issued permit already requires the permittee to keep all records for at least 5 years.) Two draft permit pages containing proposed Special Conditions #1-5.1 through #1-6.2 are available as described at the end of this Notice.

     B)     To provide an opportunity for public comment on the monitoring, recordkeeping and operational requirements in Special Conditions #36 and #41 in the issued permit which cap (i.e., set a maximum limit) on the Masada facility's PTE (Potential To Emit) as described below.

     Summary of Item "B": The DEC included in its 1999 draft Title V Air Quality permit operational constraints to effectively limit this facility's PTE and prevent this source of air emissions from being a "major source" for PSD (Prevention of Significant Deterioration) and/or NSR (New Source Review) purposes. After the close of the public comment period in 1999, the DEC revised the PTE limits in the draft permit, with input from EPA and Masada. Those changes (described below) better defined the operational constraints and the method for verifying that the facility's emissions would stay within the cap, thus making these permit conditions more restrictive and protective of the environment. While the need to improve the PTE limits was identified in some public comments during the 1999 public comment period, the final Title V Air Quality permit of May 2000 instead included a different approach to limiting the Masada facility's PTE than the method in the draft permit as described below.

     While the EPA's Final Order determined that DEC's new approach to limiting the potential to emit is a valid and enforceable way to limit PTE, the EPA required the DEC to seek additional public comment to determine whether it is appropriate to apply these different PTE limits, as explained below, to this facility.

     The PTE limit in the 1999 draft permit expressed annual emissions limits for Sulfur Dioxide (SO2) and Nitrogen Oxides (NOx ) in terms of a 12-month rolling average. These limits would have relied on short term emissions rates (e.g., estimated pounds per hour), combined with restrictions on the Masada facility's hours of operation (e.g., hours per year) to keep emissions below the cap. The DEC instead issued a permit that relies on real time data from the sampling of actual emissions by the two Continuous Emissions Monitors (CEMs) to be installed at the facility. Additionally, while the draft permit relied on a 12-month rolling average, the issued permit relies instead on a 365-day rolling total, resulting in a different reporting and recordkeeping regime, but effectively enabling more frequent compliance checks of Masada's PTE cap.

     Existing Special Condition #36 on Pages 21 to 27, and existing Special Condition #41 on Pages 28 to 35, which establish these PTE limits in the issued permit are available for public review as described at the end of this Notice.

US EPA Review Authority:

     In accordance with 6 NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the US EPA has the authority to bar the issuance of any modification of this issued Title V Air Quality permit if it is determined not to meet applicable requirements of the Clean Air Act or 6 NYCRR Part 201.

Scope of this Notice:

     After review of the petitions submitted in August 2000 to the US EPA, the EPA Administrator determined in the May 2, 2001 Final Order that, except for the two sets of permit conditions listed in this Notice, the EPA accepts all other permit conditions in the July 25, 2000 Title V Air quality permit issued by the DEC. Therefore, public comments are being sought and accepted on only the proposed modification of these two sets of permit conditions.

Document Availability:

The permit pages mentioned above and the May 2, 2001 Final Order by the US EPA Administrator are available for review during normal business hours at the DEC Region 3 office in New Paltz (please first call Mike Merriman at 845-256-3165 or 256-3054 to make an appointment) at 21 South Putt Corners Road, New Paltz NY 12561. In addition, copies of these documents are available for review during normal operating hours at the Middletown Thrall Library, in Middletown, NY.

State Environmental Quality Review (SEQR) Determination: A final enviromental impact statement has been prepared on this project and is on file.
SEQR Lead Agency: Middletown City Council
State Historic Preservation Act (SHPA) Determination: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.
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 Jun 25 2001.
Contact: Michael D. Merriman
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mdmerrim@gw.dec.state.ny.us

Applicant: Ball Corporation
9300 West 108Th Circle
Broomfield, CO 80021-3682
Facility: Ball Metal Beverage Container Corp
95 Ballard Rd
Middletown, NY 10940-
Application ID: 3-3352-00039/00029
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Wallkill, Orange County
Project Description:

     

     The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application.

     Ball Corporation, Wallkill Can Plant, located in Wallkill, New York is a Title V facility that manufactures 2-piece aluminum cans. The operations carried out in each of three production lines are forming, cleaning and decorative coating of the cans.

     The facility is major for VOC emissions and subject to the Applicable Rules:

     - 6NYCRR Part 212-General Process Emission Sources

     - 6NYCRR Part 228-Surface Coating Processes;

     - 40CFR 60 Subpart WW-Standards of Performance of the Beverage Can Surface       Coating Industry

     The Standard Industrial Classification Code for this facility is 3411-Metal Cans.

     Emission Units: U-10100 -This emission unit contains the basecoat/clearcoat application and cure lines; printing ink, bottom coat and overvarnish application and cure lines and the internal coat lines.

     U-20200 -Includes emissions from the Cuppers, Body Makers, Washers, Dry Off Ovens, Necker Flangers, Inside Spray Ovens and Palletizers. All sources are subject to 6NYCRR Part 212.

     By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

     In accordance with 6NYCRR Parts 621.5(d) and 201-6.4, 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 the applicable requirements of the Clean Air Act of 6NYCRR Part 201.

     The Application and Draft Permit are available for review at the Regional Office of the New York State Department of Environmental Conservation.

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 Jul 2 2001.
Contact: Robert J. Stanton
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
rjstanto@gw.dec.state.ny.us

Putnam County
Applicant: Marjorie Minchenberg
41 Harvest Dr
Scarsdale, NY 10583-
Facility: Minchenberg Property
Adam Wagner Ln
Carmel, NY 10512-
Application ID: 3-3720-00308/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Carmel, Putnam County
Project Description:

Applicant proposes to construct a paved driveway access within the 100 foot adjacent area of wetland OL-41 (Class 3) as part of the residential development of Lot 4 of the Morton Minchenberg Subdivision. The driveway will be from the Adam Wagner Lane cul-de-sac to the proposed house location. The property is located off Barrett Hill Road (west side), north of the Lockwood Lane intersection.

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 Jun 8 2001.
Contact: Alexander Ciesluk, Jr
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
afcieslu@gw.dec.state.ny.us

Applicant: NYC Dept Of Environmental Protection
96-05 Horace Harding Expressway
Flushing, NY 11368-
Facility: Sodom Reservoir
Off Rte 22
Southeast, NY 10509-
Application ID: 3-3730-00199/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Dam
Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Southeast, Putnam County
Project Description:

The applicant proposes to reconstruct and upgrade existing earthen and masonry dams at the East Branch (Sodom) Reservoir (Class AA) to meet current federal standards for dam safety and to modernize the operating system for water supply delivery. Proposed work includes reconstruction of the main spillway, gate chamber and valve chamber, construction of new fuse plug spillway and access roads, paving of the roadways at the crest of the dams, replacement of piping, valves, instrumentation and various related equipment, reconstruction of an existing boat ramp, and additional rip-rap protection. The project is located on the western shore of the reservoir, south of Sodom Road and NYS Route 22 in the Town of Southeast, Putnam County

State Environmental Quality Review (SEQR) Determination: Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.
SEQR Lead Agency: NYC DEPT ENVIRONMENTAL PROTECTION
State Historic Preservation Act (SHPA) Determination: A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
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 Jun 15 2001.
Contact: Richard S. Ballard
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
rsballar@gw.dec.state.ny.us

Rockland County
Applicant: Edward Maikish
71 Babcock Ln
Suffern, NY 10901-
Facility: Maikish Subdivision
71 Babcock Ln
Suffern, NY 10901-
Application ID: 3-3926-00435/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Ramapo, Rockland County
Project Description:

The applicant proposes to construct a portion of a residential subdivision access road within the 100-foot adjacent area of state-designated Freshwater Wetland TH-30 (Class II). The project site is located at the end of Babcock Lane, about 0.25 mile from the intersection with NYS Route 306. The proposed road is 24 feet wide and about 130 linear feet will be located within the wetland adjacent area. The road will serve a 4-lot, 17.2-acre residential subdivision.

State Environmental Quality Review (SEQR) Determination: Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.
SEQR Lead Agency: Ramapo Town Planning Board
State Historic Preservation Act (SHPA) Determination: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.
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 Jun 8 2001.
Contact: Scott E. Sheeley
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
sesheele@gw.dec.state.ny.us

Sullivan County
Applicant: NYS Dept Of Environmental Conservation
625 Broadway
Albany, NY 12233-
Facility: Catskill State Fish Hatchery
Mongaup Road
Livingston Manor, NY 12758-
Application ID: 3-4844-00112/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Rockland, Sullivan County
Project Description:

The department proposes to modify the State Pollutant Discharge Elimination System (SPDES) as follows:

     The reporting of theraputic chemicals is modified so that all instances of treatment will be on a new table appended to the Discharge Monitoring Report (DMR). This will permit the reporting of actual concentrations, dates, and duration of treatment and the resulting concentration of the treatment chemical in the receiving waters based on actual flow.

     Monitoring information has been updated to include the location of flow monitoring for hatchery flow, stream flow, and treated hatchery flow. These flows are used in the calculation of in-stream concentration of theraputic chemical.

     The reporting periods have been extended from 28 days to 60 days.

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 Jun 22 2001.
Contact: Thom Engel
NYSDEC Headquarters
50 Wolf Rd
Albany, NY 12233
(518)457-2224
tdengel@gw.dec.state.ny.us

Region 3 SEQR and Other Notices Region 3 SPDES Renewals