ENB Region 1 Completed Applications 10/06/2004

Combined Notice of Complete Application and DEC Notice of Legislative Hearing

The Department (DEC) has prepared a draft permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the federal Clean Air Act Amendments, and has made a tentative determination to approve the application that renews and modifies the applicant’s existing municipal waste combustor Title V facility permit and increases the facility’s municipal solid waste throughput.  The facility consists of three mass burn waterwall type municipal waste combustor units, located at 600 Merchants Concourse, Westbury.

American RefFuel Company (RefFuel) proposes a waste throughput increase from 914,325 tons per year to 975,000 tons per year.  Compliance with the new waste throughput limit will be based on a 12month rolling average.  To address the federal requirements of Prevention of Significant Deterioration (40 CFR § 52.21) and New Source Performance Standard (40 CFR § 60.14) and the state requirements of New Source Review in Nonattainment Areas (6NYCRR Part 2312), RefFuel has accepted a lower 24hour average NOx limit of 185 ppm @7% O2 from the current limit of 205 ppm @7% O2, and a Maximum Annual Potential (MAP) of 1457 tons per year of NOx.  The MAP of NOx will be based on a daily rolling 365 day average.

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 a.m. through 4:45 p.m.), unless the requestor wishes to inspect the files at a later date.

DEC LEGISLATIVE HEARING:

Pursuant to 6 NYCRR Part 621 (Uniform Procedures Regulations), DEC will hold a legislative hearing session on the application and draft permit for the Title V Facility Permit.  This hearing will be held at 7:00 PM on November 8, 2004 at the following location:

                    Wingate Inn

                    821 Stewart Ave.

                    Garden City, NY 11530

                    (516) 705-9000

                

A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  All persons, organizations, corporations, or government agencies who may be affected by the proposed throughput increase are invited to attend the hearing and to submit oral or written comments on the application.  It is not necessary to file in advance to speak at the hearing.  Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements.  The Hearing Officer may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard.  The hearing location is reasonably accessible to the mobility impaired.  Interpreter services will be made available to deaf persons at no charge upon written request to the DEC Contact Person at least 10 days prior to the hearing.

DEC will evaluate the comments received and determine whether to hold a public adjudicatory hearing.  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.

DEC CONTACT:  Roger Evans (see contact information below)

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EPA Permit Applied For:    Modification of the existing Prevention of Significant Deterioration of Air Quality (PSD) permit under 40 CFR §52.21.

American RefFuel (RefFuel) currently has an existing PSD permit issued by the New York State Department of Environmental Conservation (NYSDEC) under a PSD delegation of authority from EPA to NYSDEC in effect at the time of permit issuance. The PSD permit is for RefFuel’s three wastetoenergy boilers and the terms of that permit are embodied in the combined Title V/PSD/Part 201 permit issued by NYSDEC. Ref-Fuel is now proposing to increase the annual throughput of municipal waste at its facility in Hempstead from 914,325 tons/year to 975,000 tons/12month rolling average. American RefFuel is also proposing to increase the removal efficiency of its DeNOx Control System so that the maximum NOx stack concentration on a 24hr average will be reduced from 205 ppm to 185 ppm.  This NOx reduction will be accomplished by injecting more urea solution into the boilers.   With respect to the other PSD pollutants, all the increases will be below the PSD significance levels.  The projected actual increase will be 17.2 tons/year for SO2, 15.8 tons/year for CO, 0.53 ton/year for PM, 0.53 ton/year for PM10, 0.29 ton/year for VOC, 0.0009 ton/year for lead, 0.62 ton/year for H2SO4, 5.3 x 107 ton/year for dioxin/furans and 29.1 tons/year for acid gases.  American RefFuel requested that EPA revise the annual throughput limitation and NOx emission rates so that their proposed changes can be implemented.

    EPA reviewed American RefFuel’s requested changes and has determined that these changes will not result in any emission increases above the PSD significance levels. Therefore, no additional best available control technology (BACT) and air quality analyses review are required.  EPA has made a preliminary decision to approve these changes subject to public review pertaining to the facility’s request and EPA’s changes to certain permit conditions.  The  30day public review period will run concurrently with the 30day Title V public review notice that the NYSDEC is hereby announcing.  At this time, there are no plans for EPA to hold a public hearing on the limited issues.  However, the public may submit a written request to EPA within 15 days of this public notice stating the reasons why there should be a public hearing and the issues they plan to discuss.

    Please note that while the PSD conditions are contained in a merged PSD/TitleV/Part 201 permit issued by NYSDEC, this PSD public notice and public comments proceedings are separate from the Title V proceedings mentioned above because the NYSDEC is no longer operating under the PSD delegation that was in effect during the last Title V permit issuance.  Therefore, today’s modifications by EPA relate solely to the PSD requirements in the merged permit.

    The EPA is proposing to revise three permit conditions (revise the annual throughput and two shortterm NOx emissions limits) and add a new one (a 1457 tons of NOx/365day emission limit).  The EPA will issue a final agency decision on these permit conditions after the close of the public comment period.  If no comments are received, and EPA makes no changes from the draft to the final permit conditions, the final permit conditions will become effective upon EPA issuance  and will be published in the Federal Register as a final Agency action.  If comments are received, or EPA makes changes to the draft permit conditions, these revised permit conditions will not become effective until the administrative appeal procedures are exhausted.

    It should be noted that if no change has been made from the preliminary to the final permit conditions, administrative appeal of the final approval is available only to those who submitted comments on the proposed approval during the public comment period.  The subject(s) of appeal is limited to those issues already raised during the public comment period.  Please refer to the  Consolidated Permit Regulations codified at 40 C.F.R. Part 124 for more details on permit effectiveness and appeal procedures.

    Upon completion of the administrative appeal process, if applicable, the final permit decision will be published in the Federal Register as a final Agency action. Judicial review of

this final action is available in the United States Court of Appeals within 60 days from the date

on which this action appears in the Federal Register.  A petition for administrative review is a prerequisite to seeking judicial review of the final agency action.

OPPORTUNITY FOR PUBLIC COMMENT:

Any comments or questions on the federal requirements of the draft Prevention of Significant Deterioration conditions in the draft Title V Facility Permit must be submitted in writing to the EPA Contact Person no later than 30 days from the date of this publication.  Any person wishing to inspect the record concerning changes specific to the PSD conditions or view the draft PSD permit revisions should contact the EPA contact person noted below.

EPA CONTACT:    Mr. Steven C. Riva

Air Programs Branch

Division of Environmental Planning and Protection

U.S.E.P.A.   Region 2

290 Broadway 25th Floor

New York,  NY 100071866

(212) 6374074

Riva.Steven@epamail.epa.gov

Install temporary dewatering system for the installation of new nitrogen removal facilities at the Oyster Bay Sewage Treatment Plant.    A total of 3 wells are proposed, each 12" diameter, with an estimated daily pumpage of 2.16 million gallons per day.   Water will be discharged into the surface waters of Oyster Bay.   Prior to discharge,  dewatering effluent  will be treated with an air stripping system for the removal of  contaminates.

THE APPLICANT PROPOSES TO EXPAND AN EXISTING RESIDENCE, RENOVATE EXISTING MOTEL UNITS, CONSTRUCT A PATIO, CONSTRUCT A GARAGE, REMOVE AN EXISTING SEPTIC SYSTEM AND REPLACE WITH A NEW SEPTIC SYSTEM, REMOVE EXISTING DECK AND DOCK, AND RE-VEGETATE THE BLUFF ALONG THE SHORELINE.  THE WORK IS LOCATED WITHIN AND ADJACENT TO REGULATED FRESHWATER WETLAND #MP-18, ALSO KNOWN AS FORT POND.  THE PROJECT IS LOCATED AT 131 SOUTH EDGEMERE STREET, MONTAUK, TOWN OF EAST HAMPTON, SUFFOLK COUNTY, SCTM #300-28-4-3.   

The applicant proposes to construct additions to an existing single family dwelling.  The entire structure is located seaward of the Coastal Erosion Hazard Line, which is regulated by the NYSDEC as per the Coastal Erosion Management Regulations (Article 34).  The project is located at:  265 Marine Boulevard, Amagansett, Town of East Hampton, Suffolk County.  SCTM # 300177144.

The applicant proposes to install a water supply well to replace supply lost to contamination of other wells and to provide additional supply.  The well is proposed to have a capacity of 1000 gallons per minute and be screened in the Magothy formation. The project is located off Buttercup Lane, north of  Greenlawn Rd., south of Windmill Dr. South, east of Salem Ridge Drive in the locality of Greenlawn, Town of Huntington, SCTM #  0400-077-4-37.

The applicant proposes to hydraulically dredge the 135' x 265' boat basin to a maximum depth of 5 ft. below mean low water.  Resultant 500 cubic yards of dredged material will be used as beach nourishment and placed along the upper shoreline of Noyack Bay and planted with beach grass.  The site is located at The Northampton Colony Yacht Club, 5 & 14 Noyack Bay Avenue, Sag Harbor, Town of Southampton, County of Suffolk.

The applicant proposes to reconstruct an existing single family dwelling 15' from the tidal wetand boundary, install a new septic system 50' from the tidal wetland boundary and establish a nodisturbance buffer between the proposed development and the tidal wetlands.  A variance request from the required 75 foot wetland setback has been requested for the proposed reconstruction and a variance request from the required 100 foot wetland setback has been requested for the septic system.  The parcel is located on Sagaponack Lake, which is considered NYSDEC regulated tidal wetlands.  The project is located at:  154 Seascape Lane, Sagaponack, Town of Southampton.  SCTM # 900117314.