ENB Region 8 Completed Applications 01/03/2007

The applicant proposes to develop and operate a new 14 acre topsoil, sand and gravel pit on the Hurley property on Maple Avenue in the Town of Southport.  The mining operation will remove approximately 500,000 cubic yards of material over the 10 year operational life of the mine.  The mine will operate as a traditional surface excavation of topsoil, sand, and gravel using mechanical equipment, standard for this type of mining operation.  Materials will be mined from below the water table to a depth of 30 feet using an excavator, front loader, or dragline as appropriate.  If required, on-site processing may include dry screening with a portable screener at a rate not to exceed 150 tons per hour. Final reclamation will restore the site to open space and wildlife habitat to include emergent wetlands surrounding an open water pond.  Upland reclamation will include the replacement of stockpiled topsoil, and reseeding with an approved USDA SCS seed mixture.  The reviewed life-of-mine area for the mine is 14 acres.   

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.

Saint-Gobain Technical Fabrics America Inc has submitted an application for renewal and modification of its Title V Facility Permit for its Albion Facility, which manufactures coated fiberglass and polyester construction fabrics.  Facility includes two 16.75 MMBTU boilers burning natural gas or # 6 oil, and 50 fiberglass and polyester fabric forming, coating, and drying machines.

A Title V Facility Permit was originally issued September 19, 2000, for potential facility emissions of volatile organic compounds (VOC) and sulfur dioxide (SO₂) of over 100 tons per year each, and potential hazardous air pollutant (HAP) emissions of over 25 tons per year.  That permit included a VOC emissions cap to below the 40 ton per year increase threshold in 6NYCRR Part 231 New Source Review in Ozone Transport Regions.

A minor modification (Mod 1) effective December 14, 2000 authorized four additional coating machines and did not change significant permit conditions.  

A major modification (Mod 2) effective December 16, 2003 included the addition of 8 fabric forming and coating machines and a regenerative thermal oxidizer (RTO) for VOC emission control.  Mod 2 also capped VOC emission increases to below the Part 231 threshold of 40 tons per year, by specifying RTO operation.  Mod 2 further restricted facility emissions of HAP to below Major Source applicability thresholds of 10 tons per year of any single HAP, and 25 tons per year of all HAP combined, in 40 CFR 63 Subpart OOOO for fabric coating operations and 40 CFR 63 Subpart DDDDD for industrial boilers.  This was a decrease in allowable HAP emissions from the original Title V Permit, due to RTO operation and reduced coating usage.

In addition to renewal of the Mod 2 Title V Facility Permit, the applicant proposes 4 additional cement board production machines.  By use of coatings with low VOC content and with emissions controlled by the RTO, Saint-Gobain proposes to limit VOC and HAP emissions to levels authorized by the Mod 2 Permit in 2003.  Since the additional equipment does not result in an increase in authorized emissions, the modification of the Title V Permit is not subject to 6 NYCRR Part 231 New Source Review in Ozone Transport Regions.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application.

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.

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.