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ENB Region 9 Completed Applications 07/11/2007

ENB Region 9 Completed Applications 07/11/2007

Erie County

Applicant:

State University of New York
State University Plaza
381 Broadway
Albany, NY 12246

Facility:

Buffalo State College
1300 Elmwood Ave
Buffalo, NY 14222

Application ID:

9-1402-00573/00007

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Buffalo, Erie County

Project Description:

The Department has made a tentative determination to approve the renewal of a Title V permit for Buffalo State College (BSC), a four year college operated by the State University of New York (SUNY), located in the City of Buffalo. BSC currently operates four dual fueled (natural gas/residual fuel oil) stationary combustion installations (boilers) and one natural gas boiler, with a total maximum heat input capacity of 245.5 MMBTU/hr, which supply steam for the space heating of the buildings and dormitories on campus. BSC has chosen to avoid the requirements of 6NYCRR227-2, Reasonably Available Control Requirements for Nitrous Oxide (NOx) Emissions by limiting facility-wide NOx emissions to 99 tpy, which is below the applicability threshold. BSC is also subject to the applicable requirements specified under 6NYCRR225-1, Fuel Composition and Use - Sulfur Limitations and 6NYCRR227-1, Stationary Combustion Installations. The permit renewal provides for a new emission point (stack) for the natural gas boiler.

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.

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 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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.

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 exist. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

Availability of Application Documents:

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.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Aug 10, 2007.

Contact:

Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


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