ENB Region 9 Completed Applications 10/25/2006

The applicant proposes to install 150 linear feet of precast concrete block breakwall along the summer shoreline, dredge mucky material from around the existing boat launch and replace it with granular material and install a stormwater outlet pipe and stone splash pad. The project site is located at the facility listed above, which is at the south end of Lime Lake at the intersection of NYS Rte. 16 and Broad Bay Circle.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of the Title V Permit. The plant is subject to National Emission Standards for Hazardous Air Pollutants 40CFR61 (beryllium and mercury), New Source Performance Standards 40CFR Part 60 for particulate emissions and 40CFR Part 503 for volitile organic compounds (VOC) emissions. 40CFR Part 503 was enacted under the authority of Sections 405(d) and (e) of the Clean Water Act and has not been delegated to New York State for enforcement. 40 CFR 503 required stack testing to determine the impact of heavy metal emissions, the establishment of  operating parameters, emission factors and monthly sampling of sludge feed for metals. The requirements are included in the DEC General Conditions portion of the permit. The BSA facility does not emit Hazardous Air Pollutants in excess of major source thresholds based on the air emissions inventory submitted with the Title V application.  This inventory evaluated emissions from all wastewater handling systems at the plant. Referenced in the permit are two attachments  titled -Standard  Operating Procedures for Multiple Hearth Incinerators; and -Venturi Scrubber Maintenance/incinerator operation. These items are maintained at the facility and at the Region 9 office for reference.

In accordance with 6NYCRR Parts 621.7(b)(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 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.  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.

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.

Installation of an in ground swimming pool and associated security fence around the pool, at an existing home in the regulated adjacent area of state wetland TE-15.