ENB Region 5 Completed Applications 11/24/2004

    The applicant proposes a new discharge of 300 gallons per day of treated floor drain wastewater to groundwaters (Class GA) from an oil/water separator treatment system at the applicant's proposed equipment and maintenance/ storage facility located on the east side of NY Rt. 9, approximately 1.4 miles south of its intersection with US Route 11.

    The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation law.  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 proposed 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 or for the overall proposed project.  

    Refer to this application by application number listed above and SPDES number, NY-0256196.

    The applicant proposes a new discharge of 300 gallons per day of treated floor drain wastewater to groundwaters (Class GA) from an oil/water separator treatment system at the applicant's X-Plo, Inc. vehicle maintenance and storage building located on the East side of Kelly Road, approximately 9 tenth mile west of Military Turnpike Extension.

    The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation law.  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 proposed 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 or for the overall proposed project.  

    Refer to this application by application number listed above and SPDES number, NY-0256188.

The Department has prepared a proposed permit in response to the applicant's proposal to operate 3 diesel powered generators to enhance electrical output in order to avoid the loss of electric power during winter months. The Village of Tupper Lake will operate each of the 1250 kilowatt generators a maximum of 640 hours annually using a low sulfur mix of diesel fuel and kerosene. The limited operating hours will cap emissions of oxides of nitrogen at a maximum of 36 tons per year which is below federal Title V permitting limits. Particulate emissions will also comply with state and federal regulations.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for permit modifications. Modifications to the fines reuse process (process ID FRP) will result in reactor MCS-2 consuming more of the remaining silicones. Additional particulate control is planned for this reactor. The other modification involves increasing the capacity of the Trichlorosilane(TCS) reactor by running it for more hours per year. A new distillation column will be added to purify the additional TCS.

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 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.