ENB Region 9 Completed Applications 02/11/2004

The applicant proposes to excavate approximately 201 linear feet along a man-made bay of Got Creek for the placement of stone fill to protect the area from erosion. Approximately four to eight feet of clean fill will be placed behind the rock wall and vegetative plantings will be placed in rock voids as well as at the top of bank to aid in soil stability and to provide habitat.  The remainder of the bay within the property is proposed to be dredged to a maximum depth of four feet to restore to a previous depth.  The project is located is located east of Greiner Road and on the west side of Got Creek.       

The Department has prepared a draft permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservatin Law (ECL) and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve the permit renewal for the existing facility located at 4511 Hyde Park Blvd. The company is a manufacturer of refractory mixtures, dielectric and ceramic powders. Primary products produced are titanium oxide, zirconium silicate, potassium titanate, zirconium oxide, and dielectric powders primarily manufactured from barium titanate. A minor permit modification is incorporated in the draft permit to include a new solvent milling operation. The facility a major source of nitrogen oxide (NOx) and particulate matter and therefore subject to 40 CFR 70 Title V. Emission factors have been developed from stack testing results and production rates.  Particulate matter is subject to the regulatory emission limits of 6NYCRR 212.4(a).  NOx emissions are in excess of 100 TPY and must comply with Reasonably Available Control Technology (RACT) requirements of 6NYCRR 212-10.

In accordance with 6NYCRR Parts 621.5(d)(9) and 2016.4(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