The New York State Department of Environmental Conservation (DEC) today announced a public comment hearing on Dec. 18 to ensure full consideration of any potential environmental and environmental justice concerns in the proposed renewal and modification of the Global Companies, LLC – Albany Terminal’s Air Title V permit. DEC will hold an in-person hearing on Dec.18, at 6 p.m., at the Albany Housing Authority, 200 South Pearl Street, Albany. The deadline for all public comments on the draft renewal and modification is Dec. 30.

“To ensure an open and transparent permit review process, people living near the Global Companies Albany Terminal facility have the opportunity to weigh in on the application,” said Region 4 Director Anthony Luisi. “DEC encourages community members to attend the Dec. 18 public comment hearing and provide comments that DEC experts will consider in the decision-making process prior to issuing a determination on the permit application.”

In addition to the proposed permit renewal, Global Companies is proposing modifications to its existing permit, including installing boilers with low-burning capacities to facilitate the handling of biodiesel at the Albany Terminal facility. The modification is proposed in accordance with Environmental Conservation Law 19-0327 requiring an increased use of biodiesel in support of the goals of the Climate Leadership and Community Protection Act (Climate Act). The facility is also proposing improvements to its existing terminal emissions controls at the existing loading racks. The draft permit includes a new federally enforceable emissions cap on Total Organic Compounds (TOC) with reduced product throughput limits. Combined, these permit modifications would reduce potential TOC emissions from the facility.

Public participation is a key part of the State’s permit review process. The Climate Act established requirements to reduce greenhouse gas emissions, bolster clean energy investments, and advance environmental justice by protecting disadvantaged communities in permitting decisions and ensuring that 35 percent, with the goal of 40 percent, of the benefits of the State’s climate investments benefit disadvantaged communities. The Albany Terminal facility is in a community designated as disadvantaged based on criteria developed by the Climate Justice Working Group (see the regional map of disadvantaged communities at https://climate.ny.gov/assets/leaflet/Capital%20Region_incl_counties.html). The facility is also located within a Potential Environmental Justice Area (PEJA).

DEC is requiring additional opportunities for the potentially impacted community to review and provide input on the facility’s permit applications to ensure the permitting process for Global Companies is consistent with New York State laws, regulations, and policies. In particular, the hearing will advance DEC’s necessary review of the application for purposes of Section 7(3) of the Climate Act, which requires DEC actions to avert disproportionate burdens on disadvantaged communities and prioritizes reductions of greenhouse gas emissions and co-pollutants in these communities, and DEC’s Commissioner Policy 29 which establishes requirements for certain projects in PEJAs.

DEC required the applicant to prepare and implement an enhanced public participation plan. Three community meetings were held on Feb. 25 and Aug 24, 2020, with the most recent on Aug. 24, 2023, (virtual). A Notice of Complete Application and Notice of Legislative Public Comment Hearing was issued in the Environmental Notice Bulletin on Nov. 15, which commences a 45-day public comment period that will run concurrently with the public comment hearing on Dec. 18. DEC has not made a determination on the proposed permit modification or renewal and will closely review all comments submitted during the 45-day comment period prior to the next steps, which may include asking for more information from the applicant or making a decision on the permit application.

Written comments may be submitted to comment.globalalbany@dec.ny.gov or by mail to Trish Gabriel, Deputy Regional Permit Administrator, DEC Region 4, 1130 North Westcott Road, Schenectady, NY 12306. All electronically submitted comments must be received no later than 5 p.m. on Saturday, Dec. 30, 2023. All written comments submitted by mail must be postmarked by Saturday, Dec. 30. 2023.

DEC recently announced the release of a new draft policy to implement environmental justice provisions of Climate Act. The draft policy is available for public comment until Nov. 27 and provides guidance in DEC's permitting processes for considering impacts and existing burdens on New York's most vulnerable communities. For more information, visit https://www.dec.ny.gov/permits/128509.html