ENB Region 4 Completed Applications 12/13/2006

The Department has proposed an Air State Facility Permit for the application that was received for the Ultra Dairy/Morningstar facility located on 40236 State Highway 10, Town of Delhi, County of Delaware, owned by Morningstar Foods, Inc., 40236 State Highway 10, Delhi, New York.  The facility is involved with the production of various milk products.  The facility includes process equipment and boilers firing No. 4 fuel oil. The application that was submitted is for the restructuring of their existing emissions caps.  In order to continue to remain below the applicability threshold for Title V permitting, the applicant has proposed restricting the potential to emit through enforceable permit conditions which will limit or cap emissions at a level which is less than 100 tons per year for sulfur dioxide.  The applicant has agreed to permit conditions which will limit sulfur dioxide emissions by restricting the sulfur content of the fuel oil and fuel oil usage of the boilers.  The facility will be required to maintain records and report this data to verify compliance with permit conditions and limits.

Persons wishing to inspect the subject Air State Facility 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 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 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 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 exists.  A copy of the Department?s permit hearing procedures is available upon request or on the Department?s web site at:

The Air State Facility Permit, ID number 4122800002/00007, is available for review at the Region 4 suboffice.  The contact person is Kent Sanders, NYSDEC, 65561 State Highway 10, Suite 1, Stamford, NY 121679503, telephone (607)6527364.  Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft Air State Facility Permit.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The project consists of stabilization of the stream banks, removal of gravel deposits and the construction of new or replacement of existing retaining walls along various sections of the Zimmerman Creek, throughout the entire village of St. Johnsville, that was severely damaged during the June 2006 flooding.  Materials sidecast along the stream banks during emergency response by the village to alleviate flooding will be removed from the banks.  The project will involve work within Zimmerman Creek approximately 800 feet south of New York State Route 5 (railroad bridge) to approximately 500 feet north of Church Street.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The applicant proposes to replace an existing trailer camp that was damaged in the June 2006 flood with a 22 ft wide by 32 ft long wooden framed house on a poured concrete foundation. The applicant also proposes to upgrade the septic system and install a new well. All facilities are within the adjacent area of Freshwater Wetland SY-6.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The Department has decided to pursue a Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) Permit (NY 000-7030) of GE Global Research as part of the Environmental Benefit Permit Strategy (EBPS).  The proposed changes would: add effluent limits and monitoring requirements for Total Chlorine Residual at outfall 001, delete action levels and monitoring requirements for methylene chloride at outfall 004, require a Pollutant Minimization Program (PMP) for mercury as well as change action levels for mercury at outfall 00 for effluent limits, and update BMP requirements.  The DIM would also include several other minor reporting modifications.  The permittee’s surface discharges occur at the following outfall locations into the respective receiving waters: outfall 001 to the Mohawk River, class A; outfall  003 to Groundwater; Outfalls 005 - 008 to Tributary 18 of the Mohawk River, class C; Outfall 004 to the Mohawk River, class A; Outfalls 009 - 015 to Tributary 17 of the Mohawk River, class B.  The Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  The DIM does not signify department approval for or endorsement of the activity for which the permit is granted.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The applicant seeks to modify the existing SPDES permit for their facility located at River Road, Town of Niskayuna, New York, as follows: add new outfall No. 001, delete outfall No. 03X from the permit as it is no longer operational and update/modify the monitoring requirements for the remaining outfalls.

The Department has made a tentative determination to issue the modified permit for a State Pollutant Discharge Elimination System Permit under Article 17 of the Environmental Conservation Law.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify Department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project.

A draft permit is available for inspection and comment at the Region 4 Office located at 1130 N. Westcott Road, Schenectady, N. Y.

Refer to this application by Application Number listed above and SPDES Number NY-000 5851.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.