ENB Region 3 Completed Applications 09/07/2005

    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 Title V permit renewal application for the Northeast Solite Corporation located in Mt. Marion, New York.

    This permit is for the operation of a lightweight aggregate manufacturing process. Raw material (shale) is quarried and processed on site.  The shale is heated and expanded in any of three kilns to form the lightweight aggregate.

    The facility is divided up into five (5) emission units, including a raw material processing area, the three kilns and associated equipment, a coal processing system, a lime handling system, and a finished material processing area.  The raw and finished material processing areas consists of crushers, screeners, and conveyors.  The three kilns primarily burn coal, but can also burn No. 2 oil.  No. 2 oil is also used to ignite the kilns. Kilns #1 and #2 have a maximum feed rate (of shale) of 28 tons per hours, and kiln #3 has a feed rate of 20 tons per hour.  Kiln #3 has a clinker cooler associated with it.

    Emissions of particulates, sulfur dioxide, and oxides of nitrogen (NO_x) from the facility exceed major source thresholds, so the facility is required to obtain a Title V permit.

There is no reasonably available control technology for the kilns to reduce NO_x emissions.  The facility will burn coal or oil and utilize tangential firing of the kilns to limit NO_x emissions.

    The facility must comply with emission standards for particulates (Part 212) and sulfur standards in the coal and oil (Part 225).  The facility has scrubbers on each of the kiln exhausts to reduce particulate and sulfur dioxide emissions.

    All crushers, screeners and conveyors were constructed before 1983, so 40CFR60

Subpart 000 - Standards of Performance for Nonmetallic Mineral Processing Plants does no apply.  Emissions of hazardous air pollutants do not exceed major source thresholds, so Maximum Achievable Control.

    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.