ENB Region 1 Completed Applications 10/08/2003

The applicant is seeking a modification of their existing SPDES permit by adding two additional outfalls (Out falls 032 and 033).  The two new outfalls are associated with secondary containment structures for two unit transformers at the newly constructed Port Jefferson Energy Center.  Stormwater will be discharged through the two new outfalls once per month, with an average total discharge volume of 1200 gallons.  The discharge will be to groundwater.

The Department has made a tentative determination to approve this modification. This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time. A draft permit is available for review.

The facility is located on Beach Street, adjacent to the Port Jefferson Power Station.  

The Department has prepared a Draft Permit and has made a tentative determination to approve this application to modify the permittee's existing permit to allow for the coming prohibition of using Methyl Tertiary Butyl Ether (MTBE) as a gasoline additive after January 1, 2004 (Condition 1-10 of the permit).  One storage tank (No. 6) that is now being used for gasoline will after 1/1/04 be used to store ethanol additive. .

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