Environmental Soil Management of New York, LLC, dba ESMI A Clean Earth Company – Public Comment Hearing

Environmental Soil Management of New York, LLC, dba ESMI A Clean Earth Company – Public Comment Hearing

DATE: June 16, 2026

START TIME: 6:00 P.M.

REGION: Region 5

REGISTRATION LINK: https://meetny-gov.webex.com/weblink/register/r3cd50cbc09990ec531cf29739d74d28a

MORE INFORMATION LINK: https://dec.ny.gov/regulatory/hearings/hearing-notices

Environmental Soil Management of New York, LLC, dba ESMI of New York, has applied for a Solid Waste Management Research, Development and Demonstration (RD&D) permit to test the effectiveness of its existing soil treatment process and air pollution controls for the treatment of per- and poly-fluoroalkyl substances (PFAS) contaminated soil at its existing facility in Fort Edward, Washington County. The facility currently accepts and treats petroleum- and PCB-contaminated soil. Operations rely on a thermal desorption unit (TDU) to desorb pollutants from contaminated soils, as well as air pollution controls including particulate cyclones, a thermal oxidizer, and a baghouse, to treat pollutants to meet State air pollution control standards. The facility currently operates under both an Air State Facility permit, and a solid waste management facility permit issued by the Department. 

Department staff has reviewed the application and prepared a draft RD&D permit to accept and store soil within the existing storage building, and to process up to 5,000 tons of PFAS contaminated soil in the TDU at the existing facility. Emissions from the TDU will be controlled during the two-week testing period using the existing emissions control systems. 

Although RD&D permits are minor permits for purposes of the Uniform Procedures Act and do not require either public notice or the opportunity for comment, the Department is exercising its discretion under 6 NYCRR 621.3(b)(3) to require public notification of this application that would temporarily alter the characteristics of waste processed at this existing facility

The virtual public comment hearing session will be conducted electronically using the Webex Events platform. It will be held before Administrative Law Judge Daniel P. O’Connell at 6:00 p.m. on Tuesday, June 16, 2026. All participants will be muted upon entry into the virtual public comment hearing session. The ALJ will call each person who has registered to speak, and will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. The ALJ may limit the time available for oral comments to 3 minutes per person, as necessary, to afford all participants an opportunity to be heard. Speakers should summarize lengthy comments for oral presentation and submit their detailed comments in writing. The hearing will be stenographically recorded for inclusion in the record.

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