ENB Region 3 Completed Applications 02/18/2004

    Genpak Corporation is an existing manufacturer of foamed polystyrene food trays and containers located in the City of Middletown, Orange County, New York.  Polystyrene pellets are extruded where a nuclient and a blowing agent (isopentane) are added to produce an expanded polystyrene foam sheet.  The expanded polystyrene foam sheets are thermoformed and cut to produce the final product.  The facility's potential air emissions for volatile organic compounds exceed major stationary source thresholds listed in 6NYCRR Subpart 201-6.  Therefore, the facility is subject to the provisions of Title V permitting.  The Standard Industrial Classification for this facility is 3086-Plastic Foam Products.

    This modification includes a reduction of the thermal oxidizer operating temperature from greater than 1400F to greater than 1300F.  During a scheduled routine maintenance, the thermal oxidizer burner assembly was reconfigured.  A preliminary  performance test was conducted November 21, 2003 indicating a Volatile Organic Compound destruction efficiency of greater than 98% operating at 1300F. This permit revision reflects this operational change with a requirement to conduct formal stack testing within 180 days of issuing the modified permit.

    The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Applicant’s facility.

    By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

    In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (EPA)  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 two (2) business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requester 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 apply the herbicide Avast (active ingredient: fluridone) and the algaecide copper sulfate to Lake Nirvana, situated within State-designated Freshwater Wetland UN-13 (Class III).  The site is located on the northeast side of County Route 1, just east of the intersection with NYS Route 284.  The herbicide applications would be made to just under 10 acres of the lake to control nuisance growth of coontail, curly-leaf pondweed, duckweed, and algae.  The lake has been treated since 1991 under permits from the Department.

The Department has made a tentative determination to approve this application for a new SPDES permit for an existing surface discharge from an outfall (No. 001) with a maximum daily flow of 890 million gallons per day (MGD) at Shaft 9 of the Delaware Aqueduct located near the northern terminus of the West Branch Reservoir, Class AA(t). Outfall No. 001 currently reflects the routine transfer of approximately 890 MGD of drinking water from Rondout Reservoir to the West Branch Reservoir as part of on-going drinking water supply operations for the City of New York. Outfall No. 001 is also the proposed injection point for sodium bisulfite, a dechlorinating agent, should water conveyed via Shaft 9 be chlorinated at a point upstream for water quality purposes. Dechlorination treatments would occur infrequently on an as-needed basis. The project involves the construction of new chemical supply facilities, drainage improvements, access road reconstruction and construction of rip-rap embankment protection at the existing Shaft 9 facility.  The project is located northeast of the intersection of Dixon Road and Lockwood Lane in the Town of Kent, Putnam County. A draft permit is available for inspection and comment at the regional office.

       The State Facility Air Permit would be for two boilers in the proposed R&D facility to provide steam for the building's heating, ventilation and air-conditioning (HVAC) systems.  These boilers are rated at 25.1 million BTU/hour each and are expected to be fired by natural gas, with the capability to use #2 Fuel Oil as a backup.  Avon is requesting this NOx cap on the potential-to-emit (PTE) emissions, which would keep the facility's emissions below the Title V threshold of 25 tons per year (TPY).  

       The permit application and a paper copy of the draft air permit is available for inspection in the Department's New Paltz office.  Please call or write to the Contact Person listed at the end of this Notice to schedule an appointment.  The Department will try to make the files available within two (2) business days of contact, during the hours of 9:00 AM to 4:00 PM.

    The Department has made a tentative determination to issue a State Pollutant Discharge Elimination System (SPDES) permit under Article 17 of the Environmental Conservation Law to the NYC Department  of Environmental Protection (NYCDEP) for the existing discharge of untreated surface waters from the Shandaken Tunnel to the Esopus Creek.  This discharge has been in operation since 1924.  The Shandaken Tunnel transports untreated water from the Schoharie Reservoir to the Esopus Creek.  The daily mean average discharge from the tunnel is about 220 million gallons per day (MGD). Twenty percent of the City’s “safe yield” water supply is obtained from the Schoharie Reservoir.

    The permit contains final, seasonal action levels for turbidity and a rolling, 12-month average action level for phosphorus.  In addition, there is a schedule of compliance for projects whose intent is to reduce the overall turbidity of water entering the intake portal at the Schoharie Reservoir.

    The NYCDEP has submitted information to the Department regarding its proposal for demonstrating compliance with the Department’’s established Total Maximum Daily Load (TMDL) allocations for phosphorus in the watersheds tributary to New York City’s Ashokan reservoir. Information regarding the established TMDL is available on the DEC web site at:  http://www.dec.ny.us/website/dow/nycjune2000.pdf.  Based upon the submitted information, Department staff have proposed a second revision to the established TMDL. (The first is for the Crossroads development and may be seen at www.dec.state.ny.us/website/enb/index.html.)  The notice related to this second revision is available in the Department’’s Environmental Notice Bulletin (ENB) on the DEC web site at: www.dec.state.ny.us/website/enb2004/20040218/not3.html to TMDL public notice>.

    This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the 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.  

    The discharge is located on the north side of State Route 28 about 1100 feet west of Broadstreet Hollow Road and 1.5 miles east of State Route 42.

    Copies of the proposed permit and fact sheet may be obtained from the contact person.

    Refer to this application by application number listed above and SPDES number, NY 026 8151.

Applicant proposes to renovate and improve the Town park by replacing the existing tennis courts with new tennis facilities and possibly installing new lighting fixtures for the ball fields within the 100 foot Adjacent Area of Freshwater Wetland G-1.  The proposed area of disturbance in the adjacent area will be less than 0.2 acres for these improvements.  

This project is located on the south side of NYS Route 22 and the west side of Business Park Drive approximately 2,500 feet west of the intersection with Interstate Route 654.