ENB Region 3 Completed Applications 08/09/2006

    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 Renewal for the Applicant’s facility located in Dutchess County, New York.

    The IBM East Fishkill facility is engaged in the development and manufacture of semiconductors for the computer and electronic industries.    Emissions from the facility of  Sulfur Dioxide, Oxides of Nitrogen (NOx) and Volatile Organic Compounds (VOCs) are above major source thresholds as defined by the Federal Clean Air Act and therefore required to obtain a Title V permit.  

    Emission Unit A00001 consists of eight (8) 72 MMBTU/hr natural gas fired boilers with low NOx burners utilizing #6 fuel oil as a backup.

    All tanks at the facility are exempt from 6 NYCRR 229 requirements pursuant to 6NYCRR 229.1(f)(1) or 6 NYCRR 229.1(f)(4) (horizontal petroleum or volatile organic liquid storage tanks).  The vertical tanks have conservation vents and are pressurized with nitrogen to prevent emissions of  volatile organic compounds to the outside atmosphere. The nitrogen pressure system is monitored periodically to ensure the system is working properly.  

    The manufacturing portion of the facility is subject to 6 NYCRR 212 regulations. Two Eisenmann Regenerative Thermal Oxidizers (RTOs)are utilized for the destruction of emissions from process 0J1, Casting in Building 330.  One Eisenmann Regenerative Thermal Oxidizer is used for the destruction of emissions from process 0J5, Sintering in Building 330.  One Eisenmann Regenerative Thermal Oxidizer is used for the destruction of emissions from process 0WF, Wafer Fabrication in Building 323.   One Eisenmann Regenerative Thermal Oxidizer is used for the destruction of emissions from process WFJ, Wafer Fabrication in Building 323A .  All RTOs have continuous monitors and data recorders to document combustion and exhaust temperatures.  The continuous monitors must be operated at all times when the associated process equipment is operating except during any quality assurance and routine maintenance activities.  Each monitor must be operated according to a quality assurance program approved by the Department.

    Three emission sources in Emission Unit C00001,  Process J1 (Casting in Building 330), are subject to 6 NYCRR 226.   The Solvent Metal Cleaning Processes regulations detail  general and operating requirements as well as equipment specifications.

       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.

The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.   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 two-lot, commercial subdivsion of an 8-acre parcel containing portions of State-designated Freshwater Wetland PV-51 (Class II).  The project site is located on the northwest side of Airport Drive, approximately 0.5 mile north of the intersection with NYS Route 376.  The project involves the disturbance of about 1.76 acres of the wetland 100-foot adjacent area to construct portions of the buildings, parking areas, and stormwater management system.  About 1.5 acres of new wetland plantings are proposed on-site to mitigate wetland adjacent area disturbances.

The Department has made a tentative determination to re-issue a permit to discharge up to 1,800 gpd of treated domestic sanitary wastewater.  The existing system consists of a septic tank, buried sand filter of 1,800 square feet, and chlorinator, which would outlet to an existing on-site pond with an unnamed, intermittent outet that is a tributary to a Class C(t) stream (DEC Water Index No. D-53-1-5).  No modifications to the system are proposed.  The permittee will be required to continue to maintain records and report data to verify compliance with the permit conditions and discharge limits.  A draft permit is available for review at the NYSDEC Region 3 office.

The applicant proposes to stock 485 sterile triploid grass carp (TGC) within Evans Lake for the control of nuisance aquatic vegetation growing within the 29 acre lake, a portion of which is also State-designated Freshwater Wetland No. LE-38 (Class II).  To prevent TGC from migrating from the lake into non-target water bodies, a fish barrier is also proposed to be constructed within the lake approximately 2 feet upstream of the existing Evans Lake dam.  The barrier would be approximately 160 feet long and extend above the normal pool elevation of the lake by approximately 2 feet.  An application is also being processed by the Department for an Article 11, Fish Stocking Permit.

The applicant proposes to construct a new 2-bedroom home, well and lawn within the 100-foot adjacent area of State-designated Freshwater Wetland CD-6 (Class I).  The project site is located on the east side of North Ohioville Road, approximately 0.6 mile north of the intersection with NYS Route 299.  An individual septic system will be constructed outside the regulated area.  About 6,000 square feet of the 100-foot adjacent area will be disturbed by construction activities.

    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 the Applicant’s facility located in Bedford Hills, Westchester County.

    The facility is a batch hot mix asphalt plant with a capacity of 360 tons per hour.  The fuels which are permitted to be burned include number 2 and 4 oils, natural gas, and waste fuel A (as defined in 6NYCRR Part 225-2).

    Emissions of carbon monoxide, nitrogen oxides (NOx) and sulfur dioxide are restricted below major source thresholds. Therefore, the facility is not subject to Title V and NOx Reasonably Available Control Technology (Part 212.10) requirements.  The facility is subject to Parts 200.7, 201-7, 225-1, 225-2 and 40CFR Subpart I.

    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.

    The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.   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 treat approximately 21 acres of this 21-acre lake with the aquatic pesticide Sonar A.S. (active ingredient:  fluridone) for the control of Eurasion watermilfoil (Myriophyllum spicatum).   The site is located on the northwest side of Neperan Road in the Village of Tarrytown.