ENB Region 2 Completed Applications 07/02/2003

The Department has prepared a draft permit and has made a tentative determination to approve this application. The existing facility is a NYC Transit Authority Overhaul Shop for the inspection, maintenance and repair of subway car fleets which service the MTA of NYC Transit IRT Division. The site operates two #6 oil-fired boilers and a coating operation subject to 6 NYCRR Part 228. NOx emissions are subject to 6 NYCRR Part 201-6.

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.

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/gudph1.htm.

The Applicant, New York City Department of Sanitation (NYCDOS), is seeking a general permit for the maintenance dredging of five (5) marine transfer stations: North Shore in Queens; West 59th St., East 91st St., West 135th St., in Manhattan; and Greenpoint in Brooklyn. Each of these facilities have received maintenance dredging permits in the past, however, NYCDOS believes it is in the economic interest of the CIty to combine these separate permits in to one permit.

Maintenance dredging is needed to ensure safe access for barges and tugboats to and from the marine transfer stations. The initial maintenance dredging event under the general permit would remove approximately 113,000 cubic yards total from the five facilities. Al dredging is to occur within dredge depths and project limits previously approved by the New York State Department of Environmental Conservation (NYSDEC) and the US Army Corps of Engineers (USACE).

The Applicant proposes to use barge-mounted cranes with clamshell buckets for dredging in open areas and a drag-line operation for the dredging of the barge slips, The dredged material will be placed at an upland location site. The Applicant will provide NYSDEC and USACE with dredge bucket specifications and letters of acceptance from the dredged material placement site(s) when that information is available but no less than 15 days in advance of proposed dredging. The Applicant will provide NYSDEC and USACE with no less than 15 days notice for subsequent maintenance dredging under this 10 year general permit. Post dredge bathymetric surveys will be forwarded after each dredging event.