ENB Region 6 Completed Applications 10/12/2005

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the Environmental Conservation Law and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the existing facility located at Union Tools Inc., 4167 Acme Road, Frankfort, New York 13340. Union Tools is a manfucturer of garden implements and hand tools such as snow shovels, shovels, forks and rakes.  The operation and processes include wood working, metal stamping, forming, heat treating, finish painting and assemlby, packing and shipping of finished goods.

This is a renewal of the existing Title V permit.  The facility is major for VOCs.  The facility is subject to Part 212, 228 and caps out of Part 231-2.

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

In accordance with 6NYCRR Part 621.5(d)(9) and 201 6.4(c), the Administrator of the 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. After the public comment period , the USEPA will be provided a proposed permit and will have an additional 45 day period for review. If USEPA does not raise an objection, the Department will issue the permit.

The draft permit with conditions is available for review in the Region 6 NYSDEC offices in Watertown and Utica, NY.

The applicant, John Morrison, proposes to modify and renew his mining permit for a sand and

gravel mining operation. The life of mine boundary, located within a 500 acre parcel owned by

the applicant, will expand from 65.0 acres to 81.0 acres, with 6.4 acres to be affected during

the 5-year permit term. Currently a 49.8 acre excavated lake exists within the life of mine

boundary. The project will include on-site processing of mining products and is located at the

end of Reber Road, located off NYS Route 69, in the City of Rome.

The applicant proposes to construct 250 linear feet of breakwall at an existing mooring facility located on Delta Lake. The wall be be constructed from precast concrete blocks with rip-rap extending 3 feet waterward in front of the blocks. There will also be installation of an additional 5,584 square feet of new seasonal dockage within the existing mooring facility foot print. Four 3' x 3' x 1' concrete blocks will be placed on the lake bottom to anchor the floating dock system.