ENB Region 4 Completed Applications 07/07/2004

The applicant proposes to construct a single family home which will result in permanent impacts to approximately 3600 square feet of New York State Regulate Freshwater Wetland (A-7) adjacent area. As mitigation the applicant has agreed to deed restrict 1580 square feet of the remaining property as area to remain undisturbed.

The Department has proposed a modification to the Title V permit for the Norbord Industries facility located on Laurel Bank Avenue, Town of Deposit, County of Delaware, owned by Norbord Industries, Inc. of Deposit, New York.  The facility produces medium density fiberboard (MDF) used by the furniture industry as a core material.  The facility includes boilers, presses, dryer, raw material handling sources and other miscellaneous sources.  The modification is required to update existing volatile organic compound (VOC) permit conditions, emission factors based on recent stack testing, process descriptions, emission unit descriptions, and the facility description to reflect the different grades of MDF manufactured at the facility.  Updating the VOC permit conditions will include modifying the VOC limits to reflect the limits established by Order on Consent R4-2003-0818-103.

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 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 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 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 exists.  A copy of the Department’s permit hearing procedures is available upon request or on the Department’s web site at:

The modification ID number 4-1230-00019/00055 is available for review at the Region 4 office.  The contact person is Kent Sanders, NYSDEC, 65561 State Highway 10, Suite 1, Stamford, NY 12167, telephone (607)652-2564.  Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft modified Title V Facility 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.

The Town of Niskayuna proposes to install approximately 5,600 linear feet of 8 inch PVC gravity sewer lines, 3,400 linear feet of 6 inch PVC force main and an above ground sewage lift station along Stanford and Fillmore Avenues.  A portion of the sewer lines would be located within the adjacent area of freshwater wetland S-5, a Class I wetland. The work involves temporary disturbance to approximately 1,455 square feet of state wetland, 12,225 square feet of wetland adjacent area, and 5, 205 square feet of federal wetlands to excavate a trench for the sewer lines.  Excavated materials will be placed back in the trench after installation of the pipe and disturbed soils will be reseeded with a grass cover.