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ENB Region 2 Completed Applications 10/17/2007

Kings County

Applicant:

Consolidated Edison Company of New York Inc
4 Irving Pl Rm 828
New York, NY 10003 -3502

Facility:

Con ED-N 1ST St Fuel Oil Terminal
214 Kent Ave
Brooklyn, NY 11222

Application ID:

2-6101-00187/00013

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Brooklyn, Kings County


Project Description:

In accordance with 6NYCRR Parts 621.7(b)(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. The facility is a fuel oil terminal that provides steam which is used to keep the residual oil warm for the applicant's power generating stations. The steam is provided using three small boilers burning residual fuel and discharging through three separate stacks. Although terminal is not currently operating, the applicant wants to maintain this facility as a Title V major facility. This is a renewal of the existing Title V general permit, however, it is no longer a General Permit due to the addition of the Opacity Consent Order condition for 6 NYCRR 227-1.3 which has to be included in all Con Ed permits. The facility's emissions exceed the major source pollutant thresholds listed in 6 NYCRR Subpart 201-6 for sulfur dioxide and oxides of nitrogen and is subject to the provisions of Title V. The facility is also subject to 6 NYCRR 227-4(d), Reasonably Available Control Technology (RACT); also subject to 6 NYCRR 227-1.3 for the smoke emission limitations of 20% opacity, a facility-wide condition.

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 Nov 16, 2007.

Contact:

Elizabeth A Clarke
NYSDEC Region 2 Headquarters
47-40 21ST St
Long Island City, NY 11101
(718)482-4997
r2dep@gw.dec.state.ny.us


Applicant:

Astoria Generating Company LP
18-01 20TH Ave
Long Island City, NY 11105 -4271

Facility:

Gowanus Generating Station
27TH St & Third Ave
Brooklyn, NY 11232

Application ID:

2-6102-00116/00021

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Brooklyn, Kings County


Project Description:

In accordance with 6NYCRR Parts 621.7(b)(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. The applicant proposes to renew their Title V permit for an energy generating power plant. The turbines use distillate oil and natural gas for 32 combustion turbines each rated at 299 MMBtu/hr. In addition to Title V, the facility is subject to 40 CFR 52-A.21 PSD; 204 NOx Budget Trading Program; 6NYCRR 225,227 and 231. 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 Nov 16, 2007.

Contact:

Elizabeth A Clarke
NYSDEC Region 2 Headquarters
47-40 21ST St
Long Island City, NY 11101
(718)482-4997
r2dep@gw.dec.state.ny.us


Applicant:

NYC Dept of Design & Construction
30-30 Thomson Ave
5TH Floor
Long Island City, NY 11101 -3045

Facility:

BARTLETT/CHANNEL/DEVON/EVERET/GARLAND/HA
Bartlett PL/CHANNEL AVE/DEVON AVE/EVERETT AVE/GARLAND Ct & Hazel Ct
Brooklyn, NY 11229

Application ID:

2-6107-00615/00001

Permit(s) Applied for:

Article 25 Tidal Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters

Project is Located:

Brooklyn, Kings County


Project Description:

The applicant proposes construction of steel sheet pile bulkheads and construction/replacement of storm sewer outfalls. To mitigate the impacts of the proposed work existing debris will be removed and disturbed tidal wetland areas will be restored. The project site is located in the Gerritsen Beach area of Brooklyn within the right-of way of Barelett Place, Devon Avenue, Everett Avenue and Hazel Court.

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:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

Coastal Management:

This project is located in a Coastal Management area and is 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 Nov 02, 2007.

Contact:

Harold J Dickey
NYSDEC Region 2 Headquarters
47-40 21ST St
Long Island City, NY 11101
(718)482-4997
r2dep@gw.dec.state.ny.us


Richmond County

Applicant:

Arthur Kill Power LLC
4401 Victory Boulevard
Staten Island, NY 10314

Facility:

Arthur Kill Generating Station
4401 Victory Blvd
Staten Island, NY 10314

Application ID:

2-6403-00014/00031

Permit(s) Applied for:

Article 19 Air Title V Facility
Article 19 Title IV (Phase II Acid Rain)

Project is Located:

Staten Island, Richmond County


Project Description:

In accordance with 6NYCRR Parts 621.7(b)(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. The applicant proposes to renew two permits: Air Title V and Title IV, Phase II Acid Rain. The permits are for an existing electric generating facility. Air emission sources at the facility consist of two very large boilers (combust residual oil and natural gas) rated at 3717 MMBtu/hr and 5502 MMBtu/hr, one mid-size boiler (combusts natural gas) rated at 65 MMBtu/hr, and one combustion turbine (combusts distillate oil and natural gas) rated at 235 MMBtu/hr. Emergency coal burning capabilities exist at this facility.This is a major facility as the annual emissions of NOx, CO, VOC, HAP, Particulates are above the threshold limits of a major facility. The facility's emissions of Nitrogen Oxides are averaged with other facilities owned by NRG Energy Inc. according to a system-wide averaging plan approved by the Department.

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.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application.

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 Nov 16, 2007.

Contact:

Elizabeth A Clarke
NYSDEC Region 2 Headquarters
47-40 21ST St
Long Island City, NY 11101
(718)482-4997
r2dep@gw.dec.state.ny.us


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