ENB Region 4 Completed Applications 09/07/2005

The applicant proposes to construct a single-family residence within the adjacent area of freshwater wetland N-1, along the Lisha Kill.  The proposed house and surrounding lawn areas will encroach upon approximately 0.20 acre of the wetland adjacent area.  The remainder of the 1.65 acre property will be protected from further development by a conservation easement with the town of Colonie.  The property is located on the west side of Veeder Drive, immediately south of the intersection of Lisha Kill Road and Veeder Drive.

Morningstar/Ultra Dairy submitted a request to modify the maximum daily temperature limit in the SPDES permit from 70 F to 85 F.  Morningstar submitted a work plan that was approved by the Department to monitor the upstream and downstream temperatures for a period of time to determine the impact its effluent would have on stream temperature.

Division of Water and Fisheries staff reviewed the data and determined that 75 F is an acceptable maximum daily temperature with limited spikes.  The permit has been modified to reflect this change along with additional monitoring and reporting requirements in the event the temperature exceeds 75 F.  The following language was added to the draft permit:            

Temperature limit of 75 F may be exceeded for no more than 120 minutes per 24 hour period with no single peak to exceed 80 F.  A summary of temperature spikes (greater than 75 F) shall be included as an amendment to each monthly DMR.  This summary shall include the number of times the effluent temperature exceeds 75 F as well as the minimum average and maximum duration of these temperature spikes.

A copy of the Proposed modification is available from the Department Contact Person.

The Department has proposed a Title V permit for the application that was received for the DMV International Nutritionals facility located at 40196 State Highway 10, Town of Delhi, County of Delaware, owned by DMV USA, Inc. of Delhi, New York.  The application is for the renewal of the facility’s existing Title V permit.  The initial Title V permit for the facility was issued on August 14, 2000.  The facility manufactures hydrolyzed proteins used for food and medical purposes.  Significant air emission sources at the facility include two oil fired boilers, process dryers, a diffusion tank, and several process reactors and digestors.  The applicant has agreed to permit conditions which will limit the emissions of particulates and sulfur dioxide (SO2) from the two small oil fired boilers in order to meet regulatory requirements.  The above emissions will be limited through the use of oil that has a maximum specified oil content.  The applicant will be required to maintain records and report this data to verify compliance with permit conditions and limits.

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 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 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 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 exists.  A copy of the Department’s permit hearing procedures is available upon request or on the Department’s web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm

The permit, ID number 4-1228-00027/00015 is available for review at the Region 4 office.  The contact person is Kent Sanders, NYSDEC, 65561 State Highway 10, Suite 1, Stamford, NY 12167, telephone (607)652-2564.  Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft Title V Facility 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.

The Department has proposed an Air State Facility Permit for the application that was received for the Kraft Foods Global Inc. facility located at 261 Delaware Street, Town of Walton, County of Delaware, owned by Kraft Foods North America Inc., Winnetka, Illinois.  The facility manufactures and processes dairy products for consumer consumption.  The permit is for installing a new NSPS boiler under 40 CFR 60 Dc and combining their old permits into one State Facility Permit.  The proposed Air State Facility Permit will combine the existing Certificates to Operate and installation of a new NSPS boiler into a single permit.  In order to continue to remain below the applicability threshold for Title V permitting, the applicant has proposed restricting the potential to emit through enforceable permit conditions which will limit or cap emissions at a level which is less than 100 tons per year for sulfur dioxides.  The applicant has agreed to permit conditions which will limit sulfur dioxides by fuel restrictions on the amount of number 2 oil and natural gas that can be fired.  The facility will be required to maintain records and report this data to verify compliance with permit conditions and limits.

Persons wishing to inspect the subject Air State Facility 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 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 business days of contact, during normal business hours (8:30 AM through 4:45 PM), unless the requester 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 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 exists.  A copy of the Department’s permit hearing procedures is available upon request or on the Department’s web site at:

The Air State Facility Permit, ID number 4-1256-00013/00012, is available for review at the Region 4 sub-office.   Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft Air State Facility Permit.