ENB Region 4 Completed Applications 10/06/2004

The Department has received an Air State Facility (ASF) permit application from The NYS Capital District Psychiatric Center (CDPC) for the addition of 2 new boilers and the removal of 1 boiler (total heat input before: 222 million BTU per hour; after: 157 million BTU per hour) The facility is a boiler plant that serves the CDPC and the Albany Medical Center.  The facility is located at 75 New Scotland Ave., Albany, NY.  The owner is the NYS Office of Mental Health located at Albany, NY. The applicant has proposed restricting the potential to emit (PTE) of its emission sources through enforceable permit conditions which will limit or cap emissions at a level which is less than 100 tons per year for carbon monoxide (CO), sulfur dioxide (SO2), particulate matter less than 10 microns (PM-10), and for oxides of nitrogen (NOx)--the applicability thresholds for Part 201-6, Title V; and Part 227-2, Reasonable Available Control Technology (RACT) for NOx.  By accepting these state and federally enforceable limits, the facility is not subject to this particular regulation.  The permittee is required to maintain records, including the volumes of fuels burned and sulfur content of oil burned, and to report this data to verify compliance with permit conditions and limits.  Persons wishing to inspect the subject ASF files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC that are relevant to this permitting decision should contact the DEC representative 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 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’s wed site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.  The application is available for review at the Region 4 Office, 1150 North Westcott Rd., Schenectady, NY.  The contact person is Nancy Adams (518) 357-2452.  Comments will be received for 30 days from the date of this notice. If comments are received which raise significant issues or provide additional relevant information, the Department may modify the Draft ASF Permit.

The applicant proposes to improve a camping and parking area within the adjacent area of Freshwater Wetland BS-3. Improvements include placing 4-6 inches of gravel on the driveway, of which an 8' long X 16' wide section is within the adjacent area, the parking area and two camp site areas.  The site is located on thw est side of Pine Tree Road approximately 1/4 mile north of Whipple Road.

The Department has received a Title V renewal application from the Amerada Hess Corporation Rensselaer Terminal  located at 367 American Oil Rd., Town of East Greenbush, Rensselaer County.  The facility owner is the Amerada Hess Corporation located at 1 Hess Plaza, Woodbridge, NJ.  This facility is a bulk gasoline and oil storage and distribution facility.  The facility has large above ground gasoline and oil storage tanks.  The facility has a gasoline tanker truck loading rack from which emissions are controlled by a carbon absorber. The applicant has proposed restricting the potential to emit of these emission sources through enforceable permit conditions which will limit or cap emissions at a level which is less than 10 tons per year for each individual Hazardous Air Pollutant (HAP) and less than 25 tons per year for the total of all HAPs--the applicability threshold for 40CFR63, subpart R, the National Emission Standard for Hazardous Air Pollutants (NESHAP) for gasoline distribution facilities.  By accepting these state and federally enforceable limits, the facility will not be subject to this particular regulation.  The applicant has agreed to permit conditions which will limit emissions of HAPs by restricting the annual facility throughput of gasoline and oils.  This draft permit includes an increase in the annual throughput of gasoline from 226,296,000 gallons to 282,870,000 gallons.  The permittee will be required to maintain records and report this data to verify compliance with permit conditions and limits.  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 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 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’s wed site at:   The application (mod 0) is available for review at the Region 4 office.  The contact person is Nancy Adams.  Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the Draft Title V Renewal Facility Permit.  In accordance with NYCRR Parts 621.5 (d) 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 the applicable requirements of the Clean Air Act or NYCRR Part 201.