ENB Region 3 Completed Applications 03/16/2005

         EPA AUTHORITY:    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 renewal if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

        OTHER PERMITS:   Pencor Masada Oxynol, LLC has also applied for a renewal, with no changes, of its Part 360 Solid Waste Management Facility permit to process the previously mentioned waste products, and a renewal, with no changes, of its 401-Water Quality Certification for disturbance of 1.27 acres of federally designated freshwater wetlands in order to construct the facility.   These two permits are not federally delegated permits and thus, draft renewal permits do not need to be prepared.  

       DOCUMENT AVAILABILITY:   Persons wishing to inspect the subject files, including the permit renewal application with all relevant supporting materials, the draft renewal 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 at the end of this Notice.   It is recommended that an appointment be made to review these files. The DEC will make every effort to make the files available within two (2) business days of contact, from 9:00 A.M. through 4:00 P.M., unless the requester wishes to inspect the files at a later date.  

The draft Air Title V renewal permit is also available under "O" for Orange at the following DEC's webpage:  

http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

       DECISION MAKING:   DEC will evaluate the renewal application and the written 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 that provides an additional opportunity for public comment.   DEC’s determination to hold a legislative public hearing will be based on whether there is a significant degree of public interest.   If a legislative public hearing is to be held, a separate Notice of Hearing will be published which will include the time and place of the hearing and how to submit comments.   The applicant and all persons who have filed written comments on the permit will be notified by mail if a public hearing is to be held. Comments and requests for a legislative public hearing must be in writing and addressed to the Department representative listed at the end of this Notice.

       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 exist relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law.   A copy of the Department’s permit hearing procedures (in both English and Spanish) is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms.