ENB Region 7 Completed Applications 11/16/2005

Applicant proposes to excavate approximately 10,500 square feet of sediment, totalling approximately 2,600 cubic yards, adajacent to the cooling water intake pipe in the Susquehanna River.  The project is located at 720 Riverside Drive, Johnson City, Town of Union, Broome County.

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the Federal Clean Air Act Amendments, and has made a tentative determination to issue a modified Title V permit for Interface Solutions, Inc. located at 2885 State Route 481, Fulton, NY. The purpose of this modification is to limit the facility’s potential to emit Hazardous Air Pollutants below the major source thresholds. This modification also contains  minor wording changes to clarify the operational flexibility provisions of the permit. Other minor changes reflective of the Department’s evolving Title V permit program are also included.

The draft permit and application are available for public review at the Region 7, Syracuse office. In accordance with 6NYCRR Parts 621.6(d)(9) and 201-6.1(c), the administrator of the US Environmental Protection Agency(USEPA) has authority to bar issuance of a 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 may schedule a public hearing based upon an evaluation of the nature and scope of any written objections raised.  In accordance with 6NYCRR Part 621.7, a determination to hold a legislative public hearing shall be based on whether a significant degree of public interest exists; a determination to hold an adjudicatory hearing shall be based on whether public comments received raise substantive and significant issues relating to the application.  If a hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing, and instructions on filing for party status and submitting comments.

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.