ENB Region 1 Completed Applications 08/20/2003

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. 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.

Motiva Enterprises LLC operates Oil Terminal located in Lawrence, Nassau  County, New York.  This facility is engaged in 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: twenty seven(27) above ground storage tanks of different volumes, 5 of them are used to store gasoline, 5 are used to store gasoline or ethanol, 8 tanks are used to store distillate oil and 9 tanks are used for additives; and a truck loading rack with sixteen (16) bays that is used to transfer petroleum products from the tanks to the trucks.  A Vapor Recovery 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 585,000,000 gallons per rolling twelve-month period. The facility shall not exceed a distillates throughput of 182,000,000 per rolling twelve-month period.

This modification to the Motiva’s Oil Terminal’s Title V Permit seeks to incorporate the modifications necessary for the facility to comply with New York State requirements to end the use of Methyl Tert Butyl Ether (MTBE) and to establish federally enforceable emission limits to Emission Units T-TANKS and U-00001 to ensure the non-applicability of 6 NYCRR 231-2.  To cap out of 231-2, the facility will not exceed emissions of 53.43 tons of VOC from Emission Unit U-00001 nor emissions of 29.57 tons of VOC from Emission Unit T-TANKS per rolling twelve-month period.

The applicant proposes to construct and operate a 1300 gallon per minute water supply well, the well is proposed at 520' deep and 20" x 10" in diameter.  The well would be the third of three wells at the site.  The well field is located east of the end of Stem Lane, 355' west of Pond Path in South Setauket, Brookhaven Town, SCTM # 200-276-3-9.

The applicant proposes to construct a second story addition to the existing single family dwelling within 27 feet of the tidal wetland boundary and has requested a variance from the required 75 ft. setback for structures.  The property is located at 336 Lagoon Drive South, Copiague, Town of Babylon, County of Suffolk, on Gateway Lagoon.

The applicant proposes to remove and replace 368 linear feet of bulkhead.  The top of the bulkhead will be located 8" below apparent high water.  Forty-one cubic yards of clean fill is proposed to be placed landward of the bulkhead and planted with native tidal wetland vegetation.  A single row of 200-500 lb stone is proposed to be placed along the apparent high water line landward of the bulkhead.    A 20' x 45' boat slip is proposed to be constructed by excavating 160 cubic yards to a depth of 5' below apparent low water and constructing 110 linear feet of new bulkhead along the sides of the boat slip.  The placement of fill and excavation are proposed in areas of intertidal and high marsh.  The proposed project is located on Convent Road, approximately 550' south of Bowditch Lane in Center Moriches, Town of Brookhaven in Suffolk County, SCTM# 200-943-01-26.7.

The Department has made a tentative determination to issue a new permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation law. for a proposed facility to discharge 42,000 gallons per day of Laundromat process wastewater into groundwater from two outfalls.  The facility, Centereach Laundromat,  is located at 2594 Middle Country Road, Centereach, Town of Brookhaven, Suffolk County SPDES #NY 026 6744.  The proposed discharge is located within an area designated as a sole source aquifer.  The following water purveyor has been identified as having service areas located within a 3 mile radius of the applicants facility: Suffolk County Water Authority, St. James Water District, Smithtown Water District.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulator standards for permit issuance based on information available to the Department at this time.  As a tentative determination, The Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project.  Refer to this application by application number listed above and SPDES number NY 026 6744.  A copy of the application and draft permit are available at the Region I Stony Brook Office.