ENB Region 3 Completed Applications 11/02/2005

Applicant proposes to develop a single family residence on Lot 15 of the Mozer Subdivision located on Woody Row Road.  Development will require construction of the house, driveway, well and a small portion of the sanitary septic system within the 100 foot adjacent area of Wetland RC-4 ( Class II ) due to lot limitations.  

The applicant proposes to disturb approximately 1256 square feet of the Adjacent Area of NYS Regulated Freshwater Wetland SP-61 in conjunction with the construction of the access drive for a single family dwelling on lot 5 of the proposed 6-lot "Apple Ridge Subdivision" near the intersection of Rymph and North Avenue.

The applicant proposes to replace three existing culvert pipes with a single concrete box culvert within the 100 foot adjacent area of Freshwater Wetland WF-14 (Class II) for an access road leading to a new single family home.  The location is at the end of Fleetwood Drive, approximately 2000 feet from intersection of Osborne Hill Road and Fleetwood Drive, in the Town of Wappingers Falls.

    The Department has prepared a Draft Title V Permit Modification 3 pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the federal Clean Air Act Amendments and made a tentative determination to approve this application.  The Al Turi Landfill & LFGTE facility is located in Goshen, Orange County, New York.

    Title V Permit Modification 3 is facilitated by a combination of documents including USEPA reopening for cause as documented by letter dated January 21, 2004, USEPA Order executed January 30, 2004 Granting in Part and Denying in Part Petition for Objection to Permit,  a May 2004 Title V permit modification application  submitted by Al Turi Landfill, Inc. ,  USEPA letter dated July, 8, 2004 objecting to Title V permit modification 1 (withdrawn), USEPA March 28, 2005 notification to reopen the Al Turi LFGTE Facility Title V permit for cause and USEPA preliminary comment letter dated August 17, 2005.

    The Al Turi Landfill & LFGTE Facility includes a total of five emission units.  Title V Facility Permit modification 3 defines two of the five facility emission units which are applicable to the landfill proper.

    1-LFGAS - Landfill mass and active gas collection system

    2-LEACH - Two leachate storage lagoons.

    Title V Permit Renewal 1 No. 3-3330-00184/00002 relates to the landfill gas to energy source which identifies the remaining three emission units and the landfill gas emissions control requirements pursuant to 6NYCRR Part 208.

    The combined facility is subject to the requirements of 6 NYCRR Part 208. Requirements identified within Title V permit modification 3 includes but not limited to: monthly monitoring at each well head for pressure, oxygen and temperature, and annual methane surface monitoring around the perimeter of the collection area and along a pattern which traverses the landfill.

    The facility's combined emissions for carbon monoxide and oxides of nitrogen exceed major source pollutant thresholds listed in 6 NYCRR Subpart 201-2.  The landfill's documented waste placement exceeds 2.5 million megagrams, accepted waste after 1987 and has a nonmethane organic compound emission rate of greater than 50 megagrams per year.  Therefore, the facility is subject to the provisions of Title V.

    Modification 1 - withdrawn

    Modification 2 - withdrawn

    Renewal 1 - separate document DEC ID No. 3-3330-00184/00002    

    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.

This fact sheet describes modifications to the pre-existing SPDES permit for the Brooklyn Bottling Co. of Milton facility.The permit was modified in the following ways:

*Updated permit pages are used, based on current Department guidance, format and nomenclature.

*Permit pages have been renumbered and reordered.

*A new Monitoring Locations page has been added to the permit.

*A new Discharge Notification Act page has been added to the permit.

*New Industrial Best Management Practices has been added to the permit.     

*The limits and sampling requirements for Ultimate Oxygen Demand (UOD) have been removed from the permit and replaced with seasonal limits and sampling requirements for Carbonaceous Biochemical Oxygen Demand.

*New limits for Total Suspended Solids (TSS) have been added to the permit.

    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 renewal of the applicant’s Title V permit.

    The facility is a secondary aluminum manufacturing facility with operations involving scrap and ingot  melting, aluminum extrusion and heat treatment, aluminum tube drawing, and degreasing.  Emission sources include one aluminum melting furnace, a holding furnace, three homogenizers, casting and dross recovery processes, a caustic bath cleaning operation, three dip tanks with 140-solvent, ten electric ovens and up to 35 aluminum cutting saws.  One melting furnace and one holding furnace have been removed.  The fuel for the remaining furnaces has been switched from No. 4 oil to propane.

    Potential emissions of volatile organic compounds are above the major source threshold of 50 tons per year.  Therefore, the facility is subject to Title V requirements. Particulate emissions from the furnaces and homogenizers are subject to the standards specified in NYCRR Part212. The three dip tanks are subject to NYCRR Part 226 requirements.

    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 a winter draw-down of Ulster Heights Lake, NYS Water Index # H-139-14-38-3-4-P799, Class B(t),  for the purpose of controlling aquatic weeds. The drawdown will temporarily alter water levels in NYS Freshwater Wetland R-15 and increase the flow in NYS Water Index # H-139-14-38-3-4, a Class B tributary of the Beer Kill. Water will be lowered gradually over the course of 3-5 days until a maximum vertical drop of 4 feet is attained. This level will then be maintained for the approximate period of November 30 through the end of February.