ENB Region 3 Completed Applications 12/21/2005

    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 application for a Title V  Permit Renewal 1.

    The Metal Container Corporation is located in the Town of New Windsor, Orange County, New York.  The facility manufactures two piece aluminum beverage cans. Facility emissions are from the cutting and forming of the can bodies as well as coating and decorating operations. Emissions from the facility include Volatile Organic Compounds (VOC’s), Hazardous Air Pollutants (HAP) and Oxides of Nitrogen (NOx). NOx emissions are primarily from an existing thermal oxidizer which is used to control VOC’s and HAP emissions associated with the can coating operations.

    There are two emission units which define the facility.  Emission Unit U-1000, Frontend Operations, consist of the process of forming the can body.  Particulate and cutting oil emissions are associated with sources under this emission unit.  Emission unit U-2000, Backend Operations, consists of lines which apply various coatings to the manufactured aluminum cans.  VOC and HAP emissions are generated from sources defined under this emission unit and   conveyed to an existing thermal oxidizer for destruction.

    This Title V Permit Renewal 1 contains Clean Air Act and  State requirements including but not limited to a facility limit of natural gas usage to remain below New Source Review.  In addition, this permit contains  6NYCRR 228 and 40CFR 60-WW VOC limits of coating applied, a facility wide cap of HAP to remain below 40CFR 60.KKKK applicability and 6NYCRR 212 limit of particulate emissions.

    The Standard Industrial Classification Code for this facility is 3411 - Metal Cans and Shipping Containers.

    The facility potential air emissions for VOC's exceed major source pollutant thresholds pursuant to 6NYCRR Subpart 201-6.  Therefore, the facility is subject to the provisions of

Title V.

    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 to construct a paved parking area, stormwater detention basin  and various drainage improvements within the 100 foot adjacent area of Freshwater Wetland K-31 (Class II) in conjunction with the expansion of facilities at the Saw Mill Club, a fitness and sports facility, on a 1.5-acre previously filled and disturbed parcel. The proposed stormwater detention basin will discharge to Branch Brook, Class C.  The total area of disturbance to the adjacent area of the wetland is approximately 0.67-acre. Although no disturbance is proposed within Freshwater Wetland K-31, approximately 0.3-acres of adjacent area of the wetland will be replanted with native vegetation at the project site as mitigation.  The project is located at the northern terminus of Kensico drive (west side), north of the intersection with Kisco Drive in the Village of Mount Kisco, Westchester County. A stormwater management plan has been prepared and is available for review.