ENB Region 2 Completed Applications 10/08/2003

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The applicant is proposing to modify tanks at the terminal to allow for discontinuing the use of MTBE (Bethyl Tertiary-Butyl Ester) as a gasoline oxygenate additive per NY ECL 19-031(3)(b). BP is proposing to replace MTBE with ethanol as a gasoline additive. MTBE has been banned for use in gasoline by NY State effective 01/01/04. The proposed VOC limit for the terminal will remain at 78.21 tons per year, therefore New Source Review is not applicable to this project.

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

Applicant proposes to operate a temporary dewatering system to facilitate the construction of a CSO storage tank and associated outfalls, with a maximum discharge of 2,600,000 gallons per day.  Dewatering discharge to be directed to a settling tank and then to a storm sewer leading to Alley Creek.    

The Department has made a tentative determination to approve this application for a new permit for a proposed discharge of up to 2.6 million gallons per day of treated wastewater into Alley Creek (Class I) from a settling treatment plant at the applicant’s facility located at Alley Pond Park where the applicant is constructing a Combined Sewage Overflow storage tank and an outfall.  A draft permit is available for inspection and comment at the regional office.