ENB Region 3 Completed Applications 06/09/2004

The applicant proposes the replacement of two existing culverts with a single box culvert within State-designated Freshwater Wetland No. SP-52 (Class II) and create a 25 foot by 30 foot paved asphalt vehicle turn around area within within the100-foot adjacent area of this same wetland.  The site is located on Henry Street, approximately 0.25 miles northeast of Salt Point Turnpike in the Town of Hyde Park.  The new vehicle turn around will be located within 15 feet of the wetland in an existing lawn area.

    The United States Environmental Protection Agency (USEPA) notified NYSDEC, January 21, 2004, to reopen for cause the Title V permit issued to the Al Turi Landfill.  The reopen for cause directs the Department to prepare a proposed determination of termination, modification, or revocation and reissuance, as appropriate. On May 21, 2004, the Al Turi Landfill, Inc. submitted a modified permit application  which, in part, responds to the USEPA reopen for cause and provides additional information as appropriate. Accordingly, a draft Title V permit modification 2 has been prepared and is available for public comment. The project description section of the modified Title V permit contains a summary of USEPA issues outlined by the reopen for cause followed by NYSDEC response identifying permit changes as appropriate.

    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 (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 modified permit application with all relevant supporting materials, the draft permit, the USEPA reopen for cause 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 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.

    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 located in West  Nyack, New York.

    Hot Mix Asphalt Batch Plant, Liquid asphalt cement, various sizes of aggregate, and reclaimed asphalt pavement (RAP), are combined to produce hot mix asphalt on site.  The liquid asphalt cement is stored in heated above ground tanks.  Aggregate and RAP are stored in various stockpiles on site.  The aggregate and RAP are heated in a rotary dryer and then blended with the liquid asphalt cement in a mixing tower.  The rotary dryer is vented to a wet scrubber.  Waste from the wet scrubber is returned to the quarry.  The hot mix asphalt is either transferred to storage silos or batch loaded directly into trucks and driven off site.  The asphalt batch plant fires the following fuels: natural gas: No. 2 or No. 4 distillate fuel oil; No. 6 residual fuel oil; and specification waste oil (waste fuel A).

    The facility is limiting their potential to emit regulated air pollutants to below major source thresholds and the requirements of 6NYCRR Part 201-6, by accepting a federally enforceable cap.  The cap, granted under the authority of 6NYCRR Part 201-7, limits their annual asphalt production on a rolling twelve month basis. To demonstrate compliance with the conditions of the cap, the facility will submit annual reports to the Department and maintain records of asphalt production and fuel use.

    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 (USEPA)  has the authority to bar issuance of any State  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 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 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.

        

The applicant proposes to install a 9 foot by 16 foot floating dock on Louisa Pond, situated within State-regulated Freshwater Wetland H-2 (Class: III).  The location is at the Shaupeneak Ridge Cooperative Recreation Area west of Popletown Road.

The applicant proposes annual treatments of portions of State-designated Freshwater Wetland Nos. F-28 and F-12 or their 100-foot adjacent areas with the aquatic herbicide Avast! (active ingredient: fluridone) and the algaecide copper sulfate.  The site is within Lake Katonah, located south of Todd Road.  The purpose of the treatments is to control the growth of nuisance aquatic vegetation and algae.