ENB Region 7 Completed Applications 01/24/2007

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the Clean Air Act Amendments, and made a tentative decision to approve the Title V renewal permit for Broome County’s solid waste landfill, located at 286 Knapp Road, Binghamton, NY 13902.

The facility is a municipal landfill, SIC code 4953.  The landfill receives municipal and private waste for disposal.  The facility has leachate collection and  storage, weigh station and miscellaneous equipment to move, compact and cover the waste materials. An independent private company, Broome Energy Resources, LLC, has installed a landfill gas collection system in some sections of the landfill and operates a landfill gas to energy facility consisting of engine/generators and a flare.

The Broome County Landfill is subject to the NYS Emission Guidelines for Municipal Solid Waste Landfill Emissions and 40 CFR 60, subpart WWW, Standards of Performance for Municipal Solid Waste Landfills. A Title V operating permit is required pursuant to 6 NYCRR 201-6. The County has demonstrated, through site specific (Tier 2) testing, that emissions of non-methane organic compounds (NMOC) are below 50 megagrams (Mg) per year. Landfills with NMOC emissions less than 50 megagrams per year are not subject to the collection and control requirements specified in 40 CFR 60.752(b)(2) until such time as emissions of NMOC are 50 Mg or greater. The County is required to submit a NMOC emission report annually, semi-annual compliance monitoring reports, and an annual compliance certification.

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.

Metalico Aluminum Recovery, Inc. has applied for a State Facility Air Permit to construct a new secondary aluminum processing plant located at 6223 Thompson Road, East Syracuse, NY.  The new facility will consist of a thermal chip dryer, a rotary melting furnace, a sweat furnace and two reverbatory aluminum melting furnaces.  The application commits to only operating one reverbatory furnace at a time.  All of the furnaces will combust only natural gas for heat.

The application proposes to limit annual facility air emissions to below major source thresholds by accepting Federally enforceable permit limits regarding operation of the furnaces and control of emissions.  The facility will be subject to the Federal Maximum Achievable Control Standard (MACT) for secondary aluminum processing plants (40 CFR 63 RRR) as an area source (non-major emissions of Hazardous Air Pollutants).

The Department has determined that the application for the project is complete and is commencing a 30 day comment period regarding the application.

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.