ENB Region 1 Completed Applications 10/29/2003

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

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: Seven (7) permitted storage tanks of different volumes, 6 of them are used to store gasoline and one is used to store denatured ethanol, and a truck loading rack 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 317,000,000 gallons per rolling twelve-month period.

This modification to the Carbo-Concord 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 1-TANKS and i-RACKS to ensure the non-applicability of 6 NYCRR 231-2. To cap out of 231-2, the facility will not exceed emissions of 39.1 tons of VOC from Emission Unit I-RACKS nor emissions of 4.8 tons of VOC from Emission Unit 1-TANKS 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. Carbo-Concord Oil operates an Oil Terminal located in Lawrence, Nassau County, New York.

The Department has made a tentative determination to approve an application for modification of an existing permit to discharge to groundwater up to 37,000 gpd of process/bottle rinse water and sanitary waste water from the applicants existing facility. This modification involves the addition of acetone to Outfall #002 with the appropriate limits and monitoring requirements, as well as adjustments to pH limits at Outfalls #001 and #002 in accordance with Regional recommendations. The discharge is located within an area designated as a sole source aquifer.  The following public water purveyors have been identified as having service areas within a 3 mile radius of the facility: Suffolk County Water Authority and Shorewood Water Company.  The facility is located at 1 Luitpold Drive, Shirley, SCTM # 200-584-1-4.005.

Applicant proposes to subdivide a 104.4 acre parcel with frontage on Long Island Sound and Dam Pond into 12 lots and construct a cul-de-sac access road. The proposed lots will range from 1.7 acres to 9.2 acres in area and will be sold for future residential development. Two reserved areas of open space measuring 19.3 and 41.2 acres, respectively, are also proposed. The site is located on the north side of Main Road, approximately 1000 feet east of Kayleigh's Court in East Marion. SCTM # 1000-22-3-lots 9.1,18.1,18.7,18.8.