ENB Region 4 Completed Applications 07/23/2003

The applicant proposes to remove accumulated gravel from a 300' section of Tributary 99 of the East Branch Delaware River to alleviate flooding of his residence.  Gravel removal will be limited to a "V" shaped channel to be 2 feet wide and no deeper than 6 inches below the existing stream bed elevation. The project is located in the hamlet of Roxbury at Shepard Lane, just downstream of the Shepard Lane Bridge.

The Department has received a Air Title V(ATV) modification permit application from the Amerada Hess Rensselaer Terminal for an existing facility located at American Oil Road, Rensselaer, NY.  The owner is Amerada Hess Corp. located at 1 Hess Plaza, Woodbridge, NJ. The facility is a gasoline and oil terminal with a truck loading rack controlled with a carbon adsorption unit.  The applicant has proposed to conduct marine loading of distillate and residual fuel oil with vapor pressures less than or equal to kerosene.  Also, as part of this application, the facility and the Department have proposed to raise the facilities’ boiler stack and limit the sulfur content of fuel oil burned in boiler to ensure emissions comply with the sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS).   Previously, the facility has restricted the potential to emit (PTE) of its emission sources through enforceable permit conditions limiting the gasoline, distillate oil, and residual oil thruputs at the faciity. These limits in turn limited or capped emissions at a level which is less than 10 tons per year for each individual Hazardous Air Pollutant (HAP) and less than 25 tons per year for the total of all HAPs.  These levels are the applicability thresholds for 40 CFR 63 Subpart R, the National Emission Standard for Hazardous Air Pollutants [HAP] (NESHAP) for Gasoline Distribution Facilities. As part of this application, an additional HAP, pentane, is also proposed to be limited.  However, the previous gasoline and oil thruput caps shall not change.  By accepting these state and federally enforceable limits, the facility is not subject to this particular regulation.  The permittee is required to maintain records and to report this data to verify compliance with permit conditions and limits.  Persons wishing to inspect the subject ATV 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 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 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’s wed site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm   The application is available for review at the Region 4 Office, 1150 North Westcott Rd., Schenectady, NY.  The contact person is Nancy Adams (518) 3572452.  Comments will be received for 30 days from the date of this notice. If comments are received which raise significant issues or provide additional relevant information, the Department may modify the Draft ATV Permit.