ENB Region 5 Completed Applications 03/07/2007

The applicant proposes to expand an existing sand and gravel mine from a 15 acres life of mine area to an 85.4 acre life of mine area on a 207.27 acre parcel owned by the applicant.  Screening of materials currently occurs within the mine at and is expected to continue at a variety of locations within the mine area.  Sand and gravel will be trucked from the mine approximately one third mile west to NYS Rte 22 (Hemmingford Road) via an existing haul road.  The reclamation objective is for the establishment of grass cover.  

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.

As part of the Saratoga Lake Invasive Species Long-term Management Plan (ISLMP), the applicant proposes to apply the aquatic herbicides Sonar Quick Release and Sonar Precision Release (active ingredient: fluridone- 5%) to the southern third of Saratoga Lake, involving approximately 158 acres from Snake Hill to Stony Point, to control Eurasian Watermilfoil (Myriophyllum spicatum - EWM). This treatment represents the first of a three-year treatment program.Over the successive years, the goal of the ISLMP is to reduce the population of EWM by up to 80% by integrating spot and large area herbicide treatments, hand harvesting, mechanical harvesting, water level draw-down and other prevention and control methods. Saratoga Lake is an approximately 3850-acre lake located west of State Route 9P.

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 prepared a draft permit and made a tentative determination to approve this application for a State Facility Permit that will replace the currently valid individual emission point permits held by this facility.  The applicant manufactures medical devices and the processes of cleaning, coating and drying the devices create emissions of volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) to the atmosphere.  The permit limits VOC and HAP emission to levels below major source emission levels.

Some processes employ coatings which do not meet the VOC content requirements of 6NYCRR Part 228.  The Department has received and proposes to approve a request for a waiver allowing limited use of these coatings for 3 years.  The company has provided documentation that compliant coatings which meet their specific requirements are not available and that the cost of installing a control device significantly exceeds the cost threshold for Reasonably Available Control Technology (RACT).  The permit contains conditions which only allow application of non-compliant coatings while using techniques that minimize emissions and which  limit the quantity of non-compliant coatings that may be used.

The application, draft permit and relevant materials are available for review at the Warrensburg DEC office.  Comments of support or objection may be made by filing a written statement prior to the comment deadline.  DEC may schedule a public hearing based upon the nature and scope of any issues raised.  Hearing notices will contain instructions on filing for party status and submitting comments.

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 prepared a draft permit modification that will involve the installation of a wet scrubber for the control of formaldehyde emissions from the coating line of paper machine #10. This modification will not result in any increases in the potential to emit or the addition of any new contaminants. The proposed modification will provide operational flexibility while maintaining compliance with existing formaldehyde limitations. The modification will also include a compliance plan that will require the permittee to conduct an expanded test program to verify formaldehyde emission factors used for compliance assurance.

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.