ENB Region 1 Completed Applications 08/31/2005

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of the Air Title V Facility permit. Motiva Enterprises distributes gasoline and distillates. The facility operates a total of ten (10) bulk petroleum storage tanks with internal floating roofs; five (5) of these tanks store gasoline and five (5) tanks store ethanol and gasoline. The facility is capped on volatile organic compounds at 53.43 tons/year. The owners/operators of the facility are required to conduct stack testing on the vapor recovery unit,  keep records of sulfur contents in fuel oils and amounts of gasoline dispensed to customers, and maintain proper maintenance procedures associated with the operation of the equipment. The facility is not allowed to exceed the annual throughputs of 585 million gallons of gasoline, 600 million gallons of total ethanol and gasoline, and 182 million gallons of distillate oil during any twelve month rolling average.

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: www.dec.state.ny.us/website/ohms/gudph1.htm.

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.  The applicant proposes to discharge backwash from an iron/manganesse removal filtration system to a Recharge/Collection Basin  The precipitated iron and manganese will settle and be captured at the bottom of the Recharge/ Collection Basin, while the remaining water infiltrates back into the ground. The system is assoicated with public supply wells located at the August Road, North Babylon Well site, Babylon,  Town of Babylon

This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulator 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 determination, As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is ought or for the overall proposed project.  Refer to this application by application number listed above and SPDES number NY 026 7091.  A copy of the application and draft permit are available at the Region I Stony Brook Office.

Applicant proposes to install 4 irrigation wells for irrigation of nursery stock. Each well will be approx. 110 feet deep and 4" in diameter.  Each well is designed for a  capacity of 50 gallons per minute. The property is located at Detmer Farm, Northwest corner of Ridgeway Ave and Rte 25A, East Setauket, Town of Brookhaven..