ENB Region 3 Completed Applications 01/25/2006

The applicant proposes to cross the 100 foot adjacent area of Freshwater Wetland HJ-12 (Class: 2) with a new  road serving a subdivision of 22 +/- acres into 8 building lots called "Lansbrook Estates". The location is on the south side of Miller Road just east of the Beekman/ East Fishkill boundary.

    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 Title V Permit Renewal application for the Applicant’s facility located in Newburgh, New York.

    The NELCO Newburgh Facility produces laminate consisting of layers of fiberglass reinforced epoxy resin and copper foil.  The laminates are sold as printed circuit board substrates.  The facility has three natural gas fired boilers.  Two are rated at 12.55 MMBTU/hr and one is rated at 20.41 MMBTU/hr.  The facility also has two treater lines, a storage tank farm, a mixing room and two thermal oxidizers for emission control.  From the process, Volatile Organic Compounds (VOC) and Hazardous Air Pollutants (HAP) are emitted.  They are controlled by natural gas fired Thermal Oxidizers and the heat generated from the thermal oxidizers is routed back into the treater lines to be used in the during and curing process.

    The Standard Industrial Classification Code (SIC) for this facility is 3672 - Printed Circuit Boards. The facilities potential air emissions for VOC and HAP exceed the Major Source Pollutant thresholds listed in 6 NYCRR Part 201.6.  Therefore the facility is subject to the provisions of

Title V.

    In order to opt out of applicability to NESHAPs for surface coaters (40 CFR 63 Subparts OOOO and JJJJ), Nelco agreed to a capped limitation of individual HAPs not to exceed 9.5 tpy and total HAPs not to exceed 22.5 tpy.

    This is the first renewal to New England Laminates Title V Permit originally issued on August 22, 2000.

    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.