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New York City Department of Environmental Protection (North River Plant)

May 1, 2002

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF REVISED DRAFT AIR PERMIT AND LEGISLATIVE PUBLIC HEARING

APPLICANT: New York City Department of Environmental Protection, 96-05 Horace Harding Expressway, Corona, New York 11368.

APPLICATION: 2-6202-00007/00015

PLANT LOCATION: North River Waste Water Pollution Control Plant, 725 West 135th Street, Manhattan

PERMITTING ACTION: The New York City Department of Environmental Protection ("DEP") filed an application with the Region 2 Office of the New York State Department of Environmental Conservation ("DEC") for an air emissions permit under the federal Title V program for major stationary sources, namely, the North River Waste Water Pollution Control Plant (the "Plant"). The Plant is a major source of nitrogen oxides, volatile organic compounds, and carbon monoxide emissions. Facility operations include the processing of up to 170 million gallons of waste water per day. The Facility utilizes carbon adsorption and scrubbers to control odors.

Specifically, the air permit is sought under Title V of the federal Clean Air Act Amendments, and under Article 19 of the Environmental Conservation Law ("ECL"), and Parts 200, 201, 202, 211, 212, 225, 227, 230 and 257 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), which are the portions of the state regulations applicable to this facility for purposes of Title V . The permit includes general conditions, federal regulations and applicable federal conditions, state regulations and applicable state conditions.

Region 2 Department Staff has determined that the application meets the air pollution control requirements of Article 19, and that statutory and regulatory criteria can be met through the imposition of special permit conditions, as reflected in the revised draft air permit. In accordance with 6 NYCRR Sections 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 the permit is determined not to be in compliance with the applicable requirements of the federal Clean Air Act or 6 NYCRR Part 201.

APPLICATION HISTORY: In 1997, the DEP submitted Phase I of its application for a Title V permit for the Plant, and submitted Phase II of the application in 1998. On April 27, 2001, the DEC determined that the application for a Title V permit was technically complete, and issued a notice of complete application consistent with 6 NYCRR Part 621. The draft permit was noticed in the May 2, 2001 edition of the Department's Environmental Notice Bulletin. Comments received during the public comment period, as well as other information developed by DEC, were evaluated and have resulted in the revised draft Title V permit that is the subject of this notice.

PLANT BACKGROUND: In 1983, the DEC issued permits to construct the five blower engines at the site. Additional site development resulted in the installation of odor control equipment from 1987 through 1992. From 1992 through 1995, the DEP submitted revised applications to the DEC for permits to construct and install odor control equipment and corresponding monitoring, including the continuous monitoring of hydrogen sulfide. In 1992, the DEP entered into a Consent Order (R2-3669-91-05) with the DEC. The Consent Order required that an Environmental Benefit Fund be established, as well as the augmentation of water conservation measures, institution of operational and maintenance measures, odor control installations and monitoring, odor reduction measures, stack emission testing and compliance, compliance monitors, and penalties for violations.

STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") STATUS: Pursuant to ECL Article 8 (State Environmental Quality Review), and 6 NYCRR Part 617, DEC Region 2 Staff has determined that the project is a Type II action which is not subject to review under SEQRA because the Plant construction and operation was judicially ordered. No coordinated review was performed for this application and no determination as to lead agency was made.

LEGISLATIVE PUBLIC HEARING: A legislative hearing for the receipt of public comments on the draft application and revised draft permit will be held before Administrative Law Judge ("ALJ") Maria E. Villa on Tuesday, June 4, 2002 at 1:00 p.m. and 6:00 p.m. at the following location: Riverbank State Park, Cultural Theatre, 679 Riverside Drive, New York, New York. A cumulative record will be compiled; thus, persons commenting at the afternoon session need not return to repeat their comments at the evening session. This location is reasonably accessible to the mobility impaired. A foreign language interpreter may be made available upon written request to the ALJ at least ten days prior to the hearing.

All persons, organizations, corporations or government agencies who may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments on the application. It is not necessary to file in advance to speak at the hearing. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. The ALJ may limit the time available for oral comments to five minutes per person to ensure that all persons have an opportunity to be heard.

WRITTEN COMMENTS:In addition to, or in lieu of providing oral comments at the legislative hearing, all interested persons may submit written comments at the hearing or mail them so that they are postmarked prior to June 7, 2002. Address comments to Maria E. Villa, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. As noted above, written comments will be given equal weight with oral comments made at the legislative hearing.

COMMENT PERIOD: The comment period for this application and revised draft permit ends on June 7, 2002.

DOCUMENT AVAILABILITY: The application materials, as well as the revised draft air permit, are available for review Monday through Friday during normal business hours, at the following locations:

  • NYSDEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. Contact: Administrative Law Judge Maria E. Villa, at 518-402-9003.
  • NYSDEC Office of Environmental Permits, Region 2, 47-40 21st Street, Long Island City, New York 11101-5407. Contact: Elizabeth Clarke, at 718-482-4997.
  • North River Community Environment Review Board, Inc., 626 Riverview Towers, 1st Floor, New York, New York 10031. Contact: Ann Rocker, at 212-491-3590.
  • Manhattan Community Board #9, 565 West 125th Street, New York, New York 10027. Contact: Lawrence McClean, at 212-864-6200.

Prior to arrival, please make arrangements to review the records with the appropriate contact person.

STATUTORY AND REGULATORY PROVISIONS: The air permit application is being reviewed pursuant to ECL Article 19 (Air Pollution Control) and 6 NCYRR Part 200 (Air Pollution Control); Part 617 (SEQRA); Part 621 (Uniform Procedures); and Part 624 (Hearing Procedures).

Daniel E. Louis
Chief Administrative Law Judge

May 1, 2002
Albany, New York

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