ENB Region 2 Completed Applications 12/08/2004

The Department has prepared a draft permit and has made a tentative determination to approve this application. The applicant proposes to remove three existing boilers and install two new boilers. During this boiler replacement project, the facility will install two stand-by boilers and a temporary fuel oil storage tank. Once the two new permanent boilers are constructed and in operation (estimated by 1/1/06) the SO2 emissions for the entire facility will still be limited to below 95 tpy. 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 pubic 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. Rockefeller University operates four boilers, one absorption chiller and a pathogen destructor on campus. The boilers generate steam for the buildings in the campus area. The absorption chiller was installed in 1974 and is subject to 6 NYCRR Part 219-6, Existing Incinerators. The applicant has applied for a new Title V air permit to include all existing permitted sources and two new boilers. The facility is subject to New Source Review and federal New Source Performance Standards under 40 CFR 60, Subpart Dc. The facility will accept a cap on the total emissions of NOx at 245 tpy. The following caps apply: 22.5 tpy on VOC and HAP emissions; 700 lbs/y on hydrogen fluoride; 1,200 lbs/y on chloroform; 1,800 lbs/y on formaldehyde and dimethyl sulfide; 3,000 lbs/y on benzene; and 18,000 lbs/y on all other VOC and and HAP emissions from laboratory hoods.

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.

On September 25, 1992 NYSDEC permitted the applicant to construct a multi residential development consisting of 120 Single family units, parking areas, utilities and access pavement  within the NA-7 Freshwater Wetlands system. The project resulted in the elimination of a small pocket of wetlands and included mitigation to offset the filling of wetlands which involved the restoration of degraded wetlands in Staten Island Tax Block 3422 and 3423. The permit expired on December 31, 1999. On May 19, 2003 the applicant requested renewal of the permit. Pursuant to 6NYCRR Part 621.13(e)(4), NYSDEC determined that a new permit application must be submitted because the request for permit renewal was not timely. Currently all foundations for the houses have been constructed and the applicant proposes to complete construction of 20 single family semi-detached housing units and roadways (Vulcan Street and Portions of Patterson Avenue) and install utilities. The project site is bounded by Olympia Boulevard, Quintard Street, Vulcan Street and Patterson Avenue which is located in the South Beach section of Staten Island, Block 3419 and 3420.