ENB Region 3 Completed Applications 06/04/2003

    The Town has requested that its permit (SPDES No. NY-0164933) for the Dover Ridge Estates wastewater treatment facility be modified to reflect a revised compliance schedule for completion of a facility upgrade or new treatment facility with a total discharge of 28,000 gallons per day (GPD) to Gardiner hollow Brook (Class A).  The Town currently discharges treated sanitary wastewater to two separate outfalls, 8,800 gpd to tributary 3 of Gardiner Hollow Brook and 19,200 gpd to Gardiner hollow Brook.  In addition the Town has requested that the requirements for temperature and ammonia in the current permit be relaxed from the current trout standard that was applied to Gardiner Hollow Brook to reflect the receiving stream's classification.

    The Department has made a tentative determination to approve this application and has prepared a draft permit with proposed effluent limitations and monitoring requirements.  This draft permit removes the 70 degree F effluent temperature limit for the upgraded facility and also requires that ammonia shall be monitored until three months after completion of the upgrade.  At that time a final ammonia limit will be established based upon analysis of the monitoring data.  The draft permit is available for public review.

The applicant proposes to install a culvert in Shaw Brook [Water Index No. H-101-21, Class A(t)], and  to construct a portion of a residential driveway through State-designated Freshwater Wetland No. MB-26 (Class II) and its adjacent area. The driveway, 12 feet wide with 4 foot shoulders, is for a private residence to be constructed on an approved lot located on the east side of Bangall Road, about 2000 feet south of the intersection with Shunpike. The area of wetland disturbance is approximately 0.10 acre.  Gravel fill in the wetland will be approximately 240 cubic yards. As mitigation, the applicant will create approximately 0.10 acre of wetland south of the  roadway on the west side of the same wetland. The house, well, and septic system will be located outside of the wetland and the 100-foot adjacent area elsewhere on the property.

The applicant proposes to build a 171,675 square foot manufacturing warehouse facility. This project will require approximately 0.5 acres of fill to construct an access drive 95 feet long by 24 feet wide partially in the 100 foot Adjacent Area of Freshwater Wetland WR-11.  The project is located on the west side of Kings Highway (also known as Orange County Highway 13) approximately 2,500 feet north of the intersection with Bairds Cross Road.

The applicant proposes to fill 0.26 acres of federal jurisdictional wetland in conjunction with construction of a new ballfield.  As mitigation, 0.26 acres of wetlands would be created on site.  The location is at Putnam Valley Town park at the end of South Road.  A detailed stormwater pollution prevention plan has been prepared.

    The Environmental Protection Agency (EPA) received a petition from the New York Public Interest Research Group, Inc. (NYPIRG) dated November 26, 2001 requesting that EPA object to the issuance of a state operating permit, pursuant to Title V of the Clean Air Act for the Lovett Generating Station. EPA issued an "Order Granting in Part and Denying in Part Petition for Objection to Permit" on February 19, 2003.  Subsequently, EPA issued a letter dated

March 13, 2003 outlining permit revisions required by the Order and outlining additional issues that  "may require permit revisions."

    A summary of changes to the Title V Permit required by the February 19, 2003 USEPA Order are listed below.  Information describing permit revisions associated with this modification are show in bold.  

- Prepare and submit a complete statement of basis (a "permit review report") pursuant to the requirements of 40 CFR Part 70.7(a)(5). A complete permit review report has been developed and is available for inspection.

- Add language to clarify the requirements relating to annual compliance certification reporting.  Issued permit condition 26 expired.  See modified permit condition 1-4.

- Incorporate additional prompt reporting requirements into the permit as committed in the DEC's November 16, 2002 letter. See modified permit condition 1-18 and 1-3.

- Remove excuse provisions that cite 6NYCRR Part 201-1.4 from the federal side of the permit and incorporate the condition into the state side. See modified permit condition 1-18.

- Include in the permit review report a detailed description of contaminant collection and disposition associated with the Electrostatic Precipitators and coal handling. A complete permit review report has been developed and is available for inspection.

- Include monitoring of opacity associated with the handling of ESP flyash and collected material from the coal handling. See modified permit conditions 1-13 and 1-14.

- Modify original Title V permit condition 53 to include a complete version of the opacity compliance scheduled outlined in the August 18, 1998 Order on Consent.     Modified permit condition 1-7 replaces condition 53.

- Revise issued permit condition 41 - Episode Action Plan to indicate whether Lovett has completed an Episode Action Plan. Modified permit condition 1-5 replaces permit condition 41.

- Revise issued permit condition 49 - Fuel Recordkeeping to indicate record retention for a period not less than 5 years. Modified permit condition 1-6 replaces permit condition 49.

- Revise issued permit condition 69 - Particulate Monitoring for EU 1-00001 to indicate more frequent performance testing and establish operational ranges. Modified permit condition 1-9 replaces permit condition 69.

- Revise issued permit conditions 71 through 74 - PCB's and Waste-Oil for EU1-00001 to indicate additional monitoring. Issued permit condition 71 thru 74 as well as issued permit conditions 50 and 51 expired.  See modified permit condition 1-10.

- Revise issued permit condition 79, 86-Particulate Monitoring for EU 1-0002 and

EU 1-0003 to indicate more frequent performance testing and establish operational ranges. Modified permit conditions 1-11 and 1-12 replace permit conditions 79 and 86 respectively.

- Revise issued permit condition 92, 95- Particulate Monitoring for Coal Handling Processes to require an EPA method 5 performance test.  Modified permit conditions 1-15 and 1-16 replace permit conditions 92 and 95 respectively.

- Revise issued permit condition 94, 96-Opacity Monitoring for Coal Handling Processes to require EPA Method 9 testing in conjunction with other monitoring.  Issued permit conditions 93 and 97 in conjunction with modified permit conditions 1-15 and 1-16 provide sufficient monitoring to support the requirement of conditions 94 and 96.

    The Modification also includes a number of standard permit  conditions expiration and replacements consistent with the ongoing enhancements to the implementation of NYSDEC's Title V permitting process. Each permit condition expired and new conditions are indentified in the permit.

    In accordance with 6NYCRR Parts 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 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 requester wishes to inspect the files at a later date.

    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 adjunctively.  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.

    The Application and Draft Permit are available for review at the Regional Office of the NYSDEC.