ENB Region 3 Completed Applications 08/03/2005

The applicant proposes to contruct a roadway crossing of State-designated Freshwater Wetland No. SP-18 (Class II) for access to a proposed 11-lot residential subdivision to be known as Eastern Oaks.  The 77-acre project site is located on east side of Hollow Road, about 0.5 mile south of the intersection with Horshoe Trail.  The project involves the replacement of two existing 30-inch diameter culvert pipes with a single 5 X 10 foot concrete culvert within the wetland with a total disturbance of approximately 0.028 acres. Approximately 1.06 acres of disturbance is proposed within in the wetland 100-foot adjacent area for construction of a stormwater detention basin and the roadway.

    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 Title V Permit Modification located in East Fishkill.

    The IBM East Fishkill facility is engaged in the development and manufacture of semiconductors for the computer and electronic industries.    Emissions from the facility of  Sulfur Dioxide, Oxides of Nitrogen (NOx) and Volatile Organic Compounds (VOCs) are above major source thresholds as defined by the Federal Clean Air Act and therefore required to obtain a Title V permit.  

    Emission Unit A00001 consists of eight (8) 72 MMBTU/hr natural gas fired boilers with low NOx burners utilizing #6 fuel oil as a backup and four (4) 32 MMBTU/hr natural gas fired boilers utilizing #2 fuel oil as a backup.

    All tanks at the facility are exempt from 6 NYCRR 229 requirements pursuant to 6NYCRR 229.1(f)(1) or 6 NYCRR 229.1(f)(4) (horizontal petroleum or volatile organic liquid storage tanks).  The vertical tanks have conservation vents and are pressurized with nitrogen to prevent emissions of  volatile organic compounds to the outside atmosphere.  The nitrogen pressure system is monitored periodically to ensure the system is working properly.  

    The manufacturing portion of the facility is subject to 6 NYCRR 212 regulations.  Three Eisenmann Regenerative Thermal Oxidizers (RTOs)are utilized for the destruction of emissions from process J1, Casting in Building 330.  One Eisenmann Regenerative Thermal Oxidizer is used for the destruction of emissions from process J5, Sintering in Building 330.  All four RTOs have continuous monitors and data recorders to document combustion and exhaust temperatures.  The continuous monitors must be operated at all times when the associated process equipment is operating except during any quality assurance and routine maintenance activities.  Each monitor must be operated according to a quality assurance program approved by the Department.

    Three emission sources in Emission Unit C00001,  Process J1 (Casting in Building 330), are subject to 6 NYCRR 226. The Solvent Metal Cleaning Processes regulations detail  general and operating requirements as well as equipment specifications.

    Title V Permit Modification 2 - this modification is to add 40 CFR 60 Subpart Dc regulations and conditions for the new boiler (Boiler 8 in Emission Unit A00001) and to update/correct emission source information.  In addition, all compliance reporting has been changed to a calendar basis.

    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 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 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 modify a portion of the 100 foot adjacent area of Freshwater Wetland PL-20 (Class II) in conjunction with the construction of Phase I of the Castagna Commerce Park, including construction of 300,000 square feet of office/industrial space, construction of a new wastewater treatment plant (WWTP) with 6,000 gallon per day (gpd) subsurface discharge, and associated paved parking facilities on a 35 acre site (total site acreage of 145 acres). Proposed activities within the adjacent area of the wetland include construction of a portion of an access drive, stone lined outfall swales from three stormwater detention basins, and one rip-rap outfall to an unnamed tributary of the East Branch Croton River (Class C).  The total area of disturbance to the adjacent area of the wetland is 0.22 acre; no disturbance is proposed within Freshwater Wetland PL-20.  The wastewater treatment component of the project will utilize an advanced recycling system to return a portion of "gray water" for re-use and to minimize flows to the subsurface disposal system, and will incorporate “ultrafiltration”, activated carbon adsorption, chemical and biological treatments, and ozone disinfection.  The project is located east of NYS Route 22 and north of Akindale Road in the Town of Pawling, Dutchess County.  A stormwater management plan has been prepared and is available for review.

    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 renewal of Warex Terminals Corporation  - North Terminal's Air Title V Permit originally issued July 26, 2000.

    Warex Terminals Corporation operates this Petroleum Bulk Terminal located in New Windsor, Orange County, New York.  This facility is engaged in the receipt, storage, blending and distribution of petroleum products and operates 24 hours per day.  The Standard Industrial Classification Code for this facility is 5171 -  Petroleum Bulk Storage Terminal.

    The facility operations include three (3) Plants with a total of ten (10) above ground storage tanks of various sizes.  Three (3) Loading Rack areas are used to transfer petroleum product from the tanks into the trucks.

    The vapors from the loading of gasoline into the storage tanks and trucks is controlled by a Vapor Combustion Unit.  The loading of the distillates are not required to be controlled.

    The facilities potential air emissions for Volatile Organic Compounds (VOC) and Hazardous Air Pollutants (HAP) exceed the Major Source Pollutant Threshold listed in 6 NYCRR 201-6.  Therefore, the facility is subject to the provisions of Title V.

    The original Title V permit was modified on July 31, 2003 to incorporate the following changes:1) Synchronize the various record keeping and reporting requirements to a calendar year basis rather than having some of them based on the anniversary of the permit's issuance, 2) Correct the limit on the sulfur allowed in distillate fuels distributed for the facility, 3) Increase the gasoline throughput limit from 190,00,000 gallons per year to 250,000,000 gallons per year.  Warex has submitted calculations showing that the associated emission increases do not trigger any additional requirements.  Specifically, the factor calculated in 40 CFR 63 Subpart R from a number of parameters including gasoline throughput, remains in the range between 0.5 and 1.0.  The difference between the facility's past actual emissions and the new maximum annual potential for volatile organic compounds (VOC) is less than the significant source project threshold of 40 tons per year as defined in Subpart 231-2, New Source Review in Nonattainment Areas and Ozone Transport Regions.

    On September 16, 2003, the permit was modified to include storage and blending of de-natured ethanol into reformulated gasoline blendstock for oxygenate blending.

    This renewal includes all of the previously incorporated modifications to the permit.

    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©), 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 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 redevelop an existing shopping plaza by demolishing a supermarket while retaining a 3-story office building; repaving existing disturbed area; constructing a service station and convenience store  on the site of the demolished supermarket; and, installing stormwater management control structures.  The project is located in the Village of Florida, Orange County  in the north quadrant of the intersection of routes 17A and 25.

The applicant proposes to construct a shale driveway, with underground utilities, on an existing roadway through approximately 800 feet of state regulated Freshwater Wetland KW-9 and its adjacent area  to access a single family dwelling. The driveway will also provide access to a second single family house to be built on this 23.6 acre property.  This house is to be located near the entrance from Joys Lane with no wetland crossing involved.  A pond, approximately 0.35 acres,  is proposed to be excavated along the edge of the wetland at the back of the property.  The dwellings, sanitary septic areas and wells will be constructed outside of the wetland regulated areas.   This project is located on the west side of Joys Lane approximately 320 feet north of the intersection with Lucas Turnpike.  

    The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) of the Federal Clean Air Act Amendments and made a tentative determination to approve this State Facility Permit - Modification for Sing Sing Correctional facility.

    The Sing Sing Correctional Facility is a state owned facility located in the town of Ossining, Westchester County, New York.  The current powerhouse contains three boilers, with maximum rated heat inputs of 50.5 MMBTU/hr each.  Natural gas is used as a primary fuel and No. 2 fuel oil is used as a secondary fuel.    Other sources of air emissions include facility maintenance, exempt combustion sources, vocational activities and fuel storage tanks.

    State Facility Permit Modification 1

    This permit modification is for the addition of three new boilers to replace the current boilers.  The new boilers are capable of burning natural gas or No. 2 fuel oil.  Two of the new boilers have heat input ratings of 76 MMBTU/hr each.  The third boiler will be rated at 25 MMBTU/hr for a total of 176.8 MMBTU/hr.  All three boilers are equipped with low NOx burners.   All powerhouse boilers fire 0.2% low sulfur fuel exclusively.   The new boilers are subject to 40 CFR 60 Subpart Dc.

    Three temporary boilers will be utilized during the installation of the new boilers.  The temporary units are Nebraska boilers with heat input ratings of 72.7 MMBTU/hr each. The temporary boilers will operate on natural gas and No. 2 fuel oil. and will be removed from the site once the installation and startup of the new permanent boilers is complete.

    This modification also includes the permitting of three existing diesel generators (previously exempt) as an emission unit.  The generators are 1600, 400 and 300 kilowatts. The generators are now included in the Coordinated Energy  Demand Response Program (CDRP).

    The Sing Sing Correctional Facility has capped Oxides of Nitrogen emissions at 24.9 tons, Volatile Organic Compound emissions at 24.9 tons, Sulfur Dioxide emissions at 90 tons and Carbon Monoxide emissions at 45 tons per consecutive twelve 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 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 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.