ENB Region 2 Completed Applications 03/17/2004

The Department has prepared a draft permit and has made a tentative determination to approve an application for an existing facility that provides heat and electricity to the hospital. The project is for dismantling and removing the 26.6 MM Btu/hr Erie City boiler and installing two new 30.6 MMBtu/hr Cleaver Brooks boilers and two new Cleaver Brooks boilers.The application included a netting analysis for NOx. for the two new Cleaver Brooks boilers. The facility is limiting NOx from the two new boilers to 28.72 TPY and the old boiler emissions will be reduced by 16.68 TPY, Therefore the project is not subject to Part 231,  New Source Review. Facility-wide capping will be provided when the Title V application is modified. The new boilers are subject to NSPS 40 CFR 60-Dc, 40 CFR 60-Dc-43c(c) and 40 CFR 60-Dc.47c. also 6 NYCRR 227-2.4(d), 6 NYCRR 225.1(a)(3), 6NYCRR 227.2(b)(1), 6 NYCRR 227-1.3(a), and 6 NYCRR 227-2.4(d).

The application, draft permit, relevant supporting materials and regulations are available for review during normal business hours at the DEC office provided in this notice. Comments of support or objection may be made by filing a written statement by the deadline date indicated. DEC may schedule a public hearing based upon an evaluation of the nature and scope of any written objections raised. Hearing notices will contain instructions on filing for party status and submitting comments.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The applicant runs a 864-bed multi-specialty medical center housing a full range of diagnostic and medical treatment services. The Center operates three mmbtu/hr Kewanne boilers which primarily fire natural gas and have the capability to fire no. 6 fuel oil as a back up; two 710 hp Cooper superior dual fuel diesel cogeneration engines; and three 16.738 mmbut/hr cleaver brooks boilers; an ethylene oxide sterilizer; and four emergency power generating units, several laboratory fume hoods, and has several fuel oil storage tanks on site. Oxides of Nitrogen emissions from this facility exceed the Title V threshold of 25 tons per year and the facility is currently planning on removing the cogeneration plant and replacing the ETO sterilizer with one that does not use ethylene oxide. The facility is subject to the following regulations: 6NYCRR 201-6.5(c)(3)(ii); 6NYCRR 225.1(a)(3)(; 6NYCRR 225.7(a); 6NYCRR 227.2(b)(1); 6NYCRR 227-1.3(a); 6NYCRR 227-1.7(b); 6NYCRR 227-2.4(d); 6NYCRR 227-2.4(f)(2)(ii).

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.