ENB Region 3 Completed Applications 12/22/2004

The applicant proposes to undertake redevelopment of the existing Trinity Broadcasting site located at 11 Meritt Boulevard in the Village of Fishkill, Dutchess County. Redevelopment, as proposed, would include: renovation of the existing building; addition of approximately 11,000 sq ft of commercial structure to house a bank and a restaurant; and, installation of detention ponds with an outlet/overflow weir and associated riprap protection on the banks of Fishkill Creek (Index Number H-95, Class C(T)).

       Enviro-Waste Oil Recovery LLC has applied for a Part 360 permit to operate a waste oil storage and transfer facility at the site of a former virgin oil distribution facility.  The waste oil would be temporarily stored in four (4) above-ground storage tanks (ASTs) to consolidate loads for shipment off-site.  The four tanks include two 25,000-gallon tanks and two 20,000-gallon tanks.  Two other 25,000-gallon tanks on the site will be retained by the property owner for storage of virgin oil.  Stormwater is diverted by a roof away from the loading rack to a concrete containment dyke which is designed to hold 110% of the total volume of all interconnected tanks. Enviro states that they will use their existing fleet of trucks to transport the waste oil.  No new construction is necessary or proposed in order to use these four existing tank for storage of waste oil.

       The four existing tanks are located at 279 NYS Rt 6 just south of the intersection with Union Valley Road in Mahopac, in the Town of Carmel, Putnam County, NY.

    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. The Nyack Hospital is a facility with emission sources consisting of three (3) boilers and two (2) ethyleneoxide sterilizers with a common abatement system.  This former Title V facility is accepting limits on fuel usage to stay below the 25 ton per year of Oxides of Nitrogen threshold for major status.  Natural gas will be limited to 257 million CF and #2 fuel oil to 600,000 gallons.  The previously permitted medical waste incinerator has been permanently decommissioned.

    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 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 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. Facility is a temporary stone crushing plant located at Tilcon's Suffern Quarry and is subject to the Federal New Source Performance Standards contained in 40CFR60 Subpart OOO. It is comprised of an interconnected series of crushers, conveyors and screens used to crush, size and stockpile natural aggregates.  It is the only crushing permitted at the site.  The facility will stay below the major source threshold of 25 tons of NOx by limiting diesel fuel usage to 40,000 gallons during any twelve (12) consecutive month period.

    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 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 Department of Environmental Conservation (DEC) has received an application to re-issue/re-new  the following pre-existing EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue/re-new 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 40,000 gallons per day of treated sanitary waste to the Mongaup River West Branch.

    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 021 9339

    The Department of Environmental Conservation (DEC) has received an application to re-issue/re-new  the following pre-existing EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue/re-new 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 20,000 gallons per day of treated sanitary waste to a tributary of the Roundout 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 9929

    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.  The MS Harrison LLC facility is an office building which operates three (3) existing 12 mmbtu/hr boilers, one (1) 12mmbtu/hr chiller and five (5) emergency generators used for electrical back-up.  The facility proposes to install five (5) - 2055 kw electric generators. This state facility permit includes existing sources and the five (5) proposed electric generators.

    Potential emissions for carbon monoxide and oxides of nitrogen have been limited below major stationary source thresholds.  The facility is subject to the permitted limits imposed, opacity observations and sulfur in fuel limits.

    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 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 construct a driveway across a portion of State-designated Freshwater Wetland K-2 (Class II) for construction of a single family home outside the regulated area.  The project site is located on the south side of Bedford Center Road, approximately 0.2 mile east of the intersection with Springhurst Road.  The project will require the filling of approximately 0.03 acre of the wetland, and disturbance of approximately 0.5 acre of the wetland 100-foot adjacent area.  To mitigate wetland impacts, the existing wetland will be expanded by approximately 0.06 acres.

    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 a Title V Permit Renewal. The Westchester County Department of Public Works operates and maintains approximately 25 buildings/facilities at the Grasslands Reservation which includes the following County Departments: Department of Social Services, Department of Corrections, Department of Laboratories and Research, Department of Fire Services and Department of Transportation. Supporting these facilities is a central heating plant consisting of four (4) gas/oil fired boilers with heat inputs of approximately 80 million btu per hour each and 20 facility wide emergency diesel generators.

    The facility is subject to 6NYCRR Parts 201,227,212, 228 and 40CFRR 60 Subpart Dc.

    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 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.