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LaFarge Tire Derived Fuel Permit Application: Record of Decision

Record of Decision

DEC #4-0124-1/112&53
Tire Derived Fuel
Lafarge North America, Inc.

Decision: It has been determined that the proposal by Lafarge North America Inc. to use tire derived fuel in the cement kilns at its Lafarge Building Materials, Inc. Facility in the Town of Coeymans, Albany County and next to the Village of Ravena, New York meets all applicable regulatory standards which are protective of human health and the environment and is hereby approved subject to the conditions in the approval documents. A complete description of the project is found in the Public Notice, application documents and approval documents. Specific approved application documents are incorporated by reference into the permits and approvals.

Permits and Approvals Issued: 6NYCRR201 Title V Permit modification, 6NYCRR360 Solid Waste Management Facility Permit Modification, 6NYCRR360 Solid Waste Beneficial Use Determination.

State Environmental Quality Review Act Determination: Negative Declaration issued 7/19/2005 and revised 4/24/2006.

State Historic Preservation Act: The proposed activity is not subject to review in accordance with SHPA. Project area is previously disturbed ground and there will be no significant changes to the existing visual environment.

Response to Comments: Response to Comments prepared 2/15/2006 and is incorporated by reference into this Record of Decision providing additional elaboration of the reasons for the approval of this project and to support all determinations including but not limited to the SEQRA Negative Declaration and determination to not hold an adjudicatory hearing.

Uniform Procedures Act: Complete application, negative declaration, public notice and draft Title V Permit transmitted 7/19/2005. Second public notice to extend public comment period transmitted 8/22/2005. Public Information Sessions held on 8/4/2005 and 9/14/2005. Legislative Public Hearings held on 8/25/2005 and 9/21/2005. Public comment period closed on 10/3/2005. Response to Comments (dated 2/15/2006) and revised draft Title V Permit (dated 2/23/2006) transmitted to USEPA, Region 2 on 3/1/2006. Final decision issued 4/24/2006. No substantive and significant issues were raised pursuant to 6NYCRR621.7(b) and therefore a determination is made to not hold an adjudicatory hearing.

Documentary Record: Application documents and correspondence including attachments, DEC Notice of Complete Application/public review/hearing notice and subsequent public review/hearing notice, original and revised negative declaration, public comment letters and hearing transcripts, draft and revised Title V Air Facility Permit, supplemental application information, Response to Comments, issued permits and approvals.

U.S. Environmental Protection Agency: USEPA letter dated 8/16/2005 commented on the draft Title V Permit. No USEPA comments received on the revised draft Title V Permit and Response to Comments.

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Date

________________/s/__________________
William J. Clarke
Regional Permit Administrator
Region 4


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