ENB Region 3 Completed Applications 06/11/2003

The applicant proposes the subdivision of the former Tobias 168 +/- farm into a total of 19 residential building lots (in two phases).  Approval is sought to locate three of the driveways within the 100 foot adjacent area of state-regulated wetlands GO-31 and GO-32 due to site distance restraints.  The location is on the north side of Phillipsburg Road, just west of the intersection with Minisink Trail.

    The Environmental Protection Agency (EPA) received a petition from the New York Public Interest Research Group, Inc. (NYPIRG) dated November 18, 2001 requesting that EPA object to the issuance of a state operating permit, pursuant to Title V of the Clean Air Act for the Danskammer Generating Station.  EPA issued an "Order Granting in Part and Denying in Part Petition for Objection to Permit" on February 14, 2003. Subsequently, EPA issued a letter dated March 13, 2003 outlining permit revisions required by the Order and outlining additional issues that may require permit revisions.

-  Modify original Title V permit condition 5 to specify Electrostatic Precipitator operating parameters and require digital or automatic recording of data.  Modified permit condition 1-1 replaces condition 5.

-  Prepare and submit a complete statement of basis (a "permit review report") pursuant to the requirements of 40CFR Part 70.7(a)(5).  The permit review report must contain specific information pertaining to the utilization of Continuous Opacity Monitors, the Method 9 observation required for the coal handling operation, and method 9 observation required for the fly and bottom ash handling facility. A complete permit review report has been developed and is available for inspection.

-  Add language to clarify the requirements relating to annual compliance certification reporting and remove the language "unless another quarter has been acceptable to the Department".  Issued permit condition 29 has been expired.  See modified permit condition 1-6 and permit review report.

-  Remove excuse provisions that cite 6NYCRR Part 201-1.4 from the federal side of the permit and incorporate language acknowledging that DEC cannot exercise more discretion that federal requirements allow. Issued permit condition 8 expired.  See modified permit condition 1-26.

-  Revise issued permit conditions 72 and 76 of the permit to properly cite the original authority of establishing a particulate emissions limit of 0.03lb/mmBTU.  Modified permit conditions 1-21 and 1-23 replace issued permit conditions 72 and 76 respectively.

-  Specify emission test method required under issued permit 77. Issued permit condition 77 expired.  See modified permit condition 1-24.

-  Modify issued permit condition 77 control efficiency to 99.6% to reflect past permitting limit or explain in the statement of basis why 99% baghouse control is sufficient to meet the 6NYCRR 212 emission limit of 0.05 grains/cubic foot. Issued permit condition 77 expired.  See modified permit condition 1-24 and permit review report.

-  Revise issued permit condition 6 to include monitoring of baghouse for pressure differential.  

-  Provide additional information under condition 31 - summary of non-applicable requirements. Condition 31 has been expired.  See permit review report.

-  Revise issued permit condition 44 to indicate fuel oil supplier certification records retention of not less than 5 years.  Modified permit condition 1-7 replaces condition 44..

-  Addition language for low NOx burners to the process descriptions associated with Units 3 and 4.  See modified permit condition 64.

-  Correction of the submittal deadline for quarterly opacity reports to 60 days after the calendar quarter.  Modified permit condition 1-18 replaces condition 65.  Modified permit condition 1-19 replaces  condition 67.  Modified permit condition 1-20 replaces condition 69. Modified permit condition 1-22 replaces condition 73.

-   Change of the non-ozone season start date to October 1, as specified in 6NYCRR Part 227.2. Modified permit condition 1-9 replaces condition 47.

-  Deletion of the initial CEM report due date of 3/1/2002, which is inconsistent with calendar quarter reporting.  Modified permit condition 1-8 replaces condition 46.  Modified permit condition 1-10 replaces condition 48.  Modified permit condition 1-11 replaces condition 51. Modified permit condition 1-13 replaces condition 55.  Modified permit condition 1-14 replaces condition 56.  Modified permit condition 1-15 replaces condition 57.  Modified permit condition 1-17 replaces condition 61.

    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 requester wishes to inspect the files at a later date.

    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.state.ny.us/website/ohms/gudphl.htm.

The applicant has requested a "General Activity" permit to conduct maintenance and repair work affecting protected streams within the 16,000 +/- acre West Point property (primarily associated with road maintenance).  Under this permit, performance standards must be adhered to and rather than issue individual permits, project-specific notification to the Department will be made, with annual work programs provided in advance.

The applicant proposes to construct a stormwater drainage outfall and dissipation pad within the 100 foot adjacent area of wetland #ML-3.  The stated purpose is to correct a drainage problem caused by past construction of a subdivision called "Putnam Chase". The location is on the west side of the subdivision cul-de-sac (Sassinoro Drive).