ENB Region 3 Completed Applications 03/28/2007

    The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Applicant’s facility located in Peekskill, New York.

    This is a Title V renewal permit for the BASF Corporation (formally Engelhard Corporation) Peekskill Pigments Plant facility.  The facility consists of approximately 40 buildings located on approximately 15 acres of land.

    The Peekskill Pigments Plant produces pigments consisting primarily of titanium-coated mica and iron oxide coated mica, as well as bismuth oxychloride products.  In manufacturing the titanium coated mica, the mica is first classified by particle size and then transferred as slurry into reaction vessels for mixing. The slurry is then washed and dewatered on a vacuum filter, then dried in a furnace to fix the coating.  The dried product is then pneumatically conveyed to tote bins, and may then be further packaged. In manufacturing the iron oxide coated mica, the process is similar to that for titanium coated mica. The permit authorizes a number of  regulated processes employed in the mica coating operation including the facility emission units and source controls for particulate emission.

    This permit also includes the facility' Specialty Films Plant (IF Plant), which is located across from South St. from the Peekskill Pigments Plant.  The iridescent films produced at the IF plant are layered polyester and acrylic based. Plastic resins are pre-dried and pneumatically conveyed, melted, and sent to an extruder where they are extruded into layered sheets, cooled on a cast roll, trimmed and rolled.

    By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

    In accordance with 6NYCRR Parts 621.5(d)(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.

    The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: www.dec.state.ny.us/website/dar/boss/afs/index.html.   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 two (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.

    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.  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.

The applicant proposes to reconstruct approximately 1.3 miles of the Bronx River Parkway, which will involve the widening of bridges and highway shoulders within the 100-foot adjacent area of State-designated Freshwater Wetland W-7 (Class I) and disturbances to the Bronx River (DEC Water Index No. ER-3;  Class C(T)).  The project is located between Cemetary Road to Lafayette Avenue in the Towns of Greenburgh, North Castle, Mount Pleasant and the City of White Plains.  Approximately 0.16 acres of the wetland 100-foot adjacent area would be impacted by bridge and shoulder widening at the north end of the project.  In addition, the existing bridge over the Bronx River would also be widened  by approximately 20 feet.  A stormwater pollution prevention plan has been prepared in accordance with the requirements of the SPDES General Permit for Stormwater Discharges from Construction Activities (GP-02-01).

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.