ENB Region 3 Completed Applications 07/16/2003

The applicant proposes to dredge 5000 cubic yards of sediment from within a 2 acre pond [Class B(t)] and rehabilitate an existing dam, including construction of a new concrete spillway. Dredge spoils will be disposed of on an upland area of the applicant's 60+ acre parcel. The project is located on the south side of South Road, 2,000 feet west of Halcyon Road (NYS Route 82) in the Town of Washington, Dutchess County.

    Exxon Mobil Oil Corporation operates the Newburgh Oil Terminal located in New Windsor, Orange County, New York.  This facility is engaged the receipt, storage, blending and distribution of petroleum products and operates 24 hours per day.  The Standard Industrial Classification Code for this facility is 5171 - Petroleum Bulk Storage Terminal.  The facility operations include: six (6) above ground storage tanks of different volumes containing gasoline, petroleum hydrocarbons and ethanol; and a truck loading rack with four (4) bays that is used to transfer petroleum products from the tanks to the trucks.  A Vapor Combustion Unit controls the vapors from the loading of gasoline into the storage tanks and trucks.

    The facility has been and continues to be capped below the applicability threshold of the federal NESHAP rule for Gasoline Distribution, 40 CFR 63 Subpart R.  The facility shall not exceed a gasoline throughput of 400,000 gallons per rolling twelve-month period.  The facility shall not exceed a distillates throughput of 150,000 per rolling twelve month-period.

    This modification to the Newburgh Oil Terminal Title V Permit seeks to incorporate the modifications necessary for the facility to comply with the New York State requirements to end the use of methyl butyl ether (MTBE) by January 1, 2004 and to establish federally enforceable emission limits to Emission Units 1-TANK1 and 1-RACK1 to ensure the non-applicability of 6NYCRR 231.-2.  To cap out of 231-2, the facility will not exceed emissions of 31.8 tons of VOC from Emission Unit 1-RACK1 nor emissions of 33.1 tons of VOC from Emission Unit 1-TANK1 per rolling twelve-month period. 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 requestor 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 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

The applicant proposes to construct a new 16-inch diameter raw water pipeline approximately 2.1 miles long from Brown's Pond (A.K.A. Silver Stream Reservoir) to the City of Newburgh water filtration plant located east of Lake Washington on NYS Route 207 (Little Britain Road).  The project will require the crossings of three State-protected streams, which are class A tributaries of Lake Washington.  The project will also require the installation of approximately 1,600 linear feet of the pipeline within the 100-foot adjacent area of State-designated Freshwater Wetland CO-19 (Class I), which will primarily take place within the existing NYS Route 207 roadway.   A small portion, less than 100 feet, of the pipeline will also be installed within the 100-foot adjacent area of State-designated Freshwater Wetland CO-3 (Class II).  In addition to the water main, the City will perform facility upgrades and construct a water storage tank at the water filtration plant. The purpose of the project is to provide a direct interconnection between Brown's Pond and the City's water supply system for emergency use.

The applicant proposes to temporarily raise the Cranberry Lake (a.k.a. Tivoli Lake) spillway one foot to retain water following the application of aquatic herbicides.  The modification will be in place for a period of 14 days and will consist of a wooden flashboard placed directly in front of the spillway, anchored to the lake sediment with iron rebar.

The applicant proposes to fill two areas in the Adjacent Area of Freshwater Wetland CD-6 with leaves, vegetative compost and chopped woody plant material from maintenance activities on the existing landscape.  The total area of fill for both areas is approximately 0.4 acres.  Upon reaching final proposed grades, these areas will be revegetated.