ENB Region 2 Completed Applications 09/29/2004

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a Title V renewal; the permit was originally issued on 3/14/200 (modified twice) and scheduled to expire on 3/14/2005. Also a NOx RACT compliance plan dated 6/04 for eight engines as per the amended 6 NYCRR Part 227-2 has been submitted. Included in this application is a change requested by USEPA in their Order dated 8/26/04 in response to NYPIRG's Petition No. II-2000-03 (to have the permittee attest to compliance certification).

Kings Plaza has demonstrated in their NOx RACT analysis that the applicable presumptive RACT emission limit of 2.3 grams/bhp-hr (beginning April 1, 2005) for five lean burn Nordberg engines under the emission unit 000DG1 is not economically feasible. Kings Plaza has proposed to limit the annual NOx emissions from each engine to 145 tons per year. This alternative RACT emission limit has been approved by the department and will be forwarded to the USEPA for their review as a revision to the State Implementation Plan.

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 proposes to construct a 27,000 square foot commercial building including a 90 car parking lot, drywells and septic system. Portions of the proposed building and parking lot are located within NYSDEC regulated Tidal Wetland adjacent area. A split rail fence will be constructed and a a deed restricted vegetated buffer established between the wetland and the development. The project site is located at 2629 Forest Avenue, Staten Island, Block 1384 - Lots 37 and 41.

The applicant proposes to construct a new 70 foot by 40 foot building within NYSDEC regulated Tidal Wetlands adjacent area. The building as proposed is in compliance with developmental restriction contained in 6NYCRR Part 661.6 (Tidal Wetlands Land Use Regulations). The proposed work also includes the removal of 2 derelict steel barges and concrete rubble from the Arthur Kill. A vegetated deed restricted buffer area will be established between the Arthur Kill and the developed area. The project site is located at 175 Ellis Street, Staten Island, Block 7996 - Lot 31.