ENB Region 4 Completed Applications 11/24/2004

    The Department of Environmental Conservation (DEC) has received an application to re-issue the following EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue this permit for a five year term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of up to 3,000 gallons per day of treated sanitary waste to a tributary of Thompson's Lake.

    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.

    SPDES #:  NY 010 4981

The project involves the removal of a gravel bar from Shaker Brook within New York State Freshwater Wetland CA-4, located just north (downstream) of Cherry Lane Bridge, in the Town of New Lebanon.  The removal of less than 100 linear feet of accumulated gravel is necessary to stop the stream from flooding outside of its channel and return the stream to it's original stream bed.  

    The Department of Environmental Conservation (DEC) has received an application to re-issue the following EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue this permit for a five year term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of up to 2,700 gallons per day of treated sanitary waste to a tributary of the Harrison Creek.

    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.

    SPDES #:  NY 009 9228

The Department has received a Title V renewal application from the TransMontaigne, Inc. Rensselaer Terminal  located at 58 Riverside Ave., Rensselaer, NY.  The facility owner is the TransMontaigne, Inc. located in Denver, CO 802175660.  This facility is a bulk gasoline and fuel oil storage and distribution facility.  The facility has large above ground gasoline and fuel oil storage tanks.  The facility has a gasoline tanker truck loading rack from which emissions are controlled by a flare.  The applicant has proposed restricting the potential to emit of these emission sources through enforceable permit conditions which will limit or cap emissions at a level which is less than 10 tons per year for each individual Hazardous Air Pollutant (HAP) and less than 25 tons per year for the total of all HAPsthe applicability threshold for 40CFR63, subpart R, the National Emission Standard for Hazardous Air Pollutants (NESHAP) for gasoline distribution facilities.  By accepting these state and federally enforceable limits, the facility will not be subject to this particular regulation.  The applicant has agreed to permit conditions which will limit emissions of HAPs by restricting the annual facility throughput of gasoline and fuel oils.  The permittee will be required to maintain records and report this data to verify compliance with permit conditions and limits.  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 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 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’s wed site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.  The application is available for review at the Region 4 office.  The contact person is Nancy Adams.  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 Title V Renewal Facility Permit.  In accordance with NYCRR Parts 621.5 (d) 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 the applicable requirements of the Clean Air Act or NYCRR Part 201. The application and draft permit are available for review at the NYSDEC Region 4 Office, 1150 North Westcott Road, Schenectady, NY 12306.