ENB Region 2 Completed Applications 01/12/2005

Consolidated Edison has applied for a Solid Waste Management permit to continue operations of a waste transfer facility at 910 East 132nd Street in the Bronx, known as Hell Gate. Facility operations include the consolidation and temporary storage of non hazardous solid waste collected from various underground structures in New York City and Westchester County.  The waste material, gathered by flush trucks, consists of liquids, sediments and solids.  Consolidated Edison manages over 275,000 underground structures consisting of manholes, vaults and service boxes, each require routine maintenance and repair.  As necessary a truck will flush and clean the structure of sediments and solids prior to repair and deliver the waste to one of four transfer facilities. Proposed in this application is the importation, to the Hell Gate facility, up to 57 cubic yards of material per day and a maximum on site storage of 140 cubic yards of sediments. Normal operation hours for the facility will be from 6:30 AM to 2:30 PM, Monday through Friday.  Access to the site by Consolidated Edison personell can occur 24 hours per day.  After consolidation and sedimentation the waste will be removed by barge, vaccum truck and / or tanker truck for off site disposal.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The Department is modifying the subject Title V permit based on an EPA order dated 09/24/04, Petition No. II-2002-05. The modification reflects the permit changes required by the USEPA in response to an objection of this permit filed by the New York Public Interest Research Group (NYPIRG). Modifications include changes to conditions regarding regulations 6NYCRR 202-2.3 and 6NYCRR 202-2.4, emission statement; 6NYCRR 211.3 ,visible emissions; 6NYCRR 225-3.6, severability (record keeping and reporting requirements; 6NYCRR 229.5(c), semi-annual reporting; 6NYCRR 229.3(e)(1) replacement of liquid mounted seal and record keeping; floating roof controls added; revising Process GDT; gasoline throughput limit calculations; 6NYCRR 225-3.3(a) state/federal side conditions; 6NYCRR 225-3.3(a) record maintenance; 6NYCRR 229.3(d)(1),  gasoline delivery; vapor collection inspection; annual inspection for petroleum fixed roof tanks; adding floating roof to each of ten fixed roof storage tanks.  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 Department has prepared a Draft Permit and has made a tentative determination to approve this application. This is a Title V renewal, originally issued on 1/12/2000. The applicant has an industrial facility where printing is done with inks and fountain solutions that contain organic compounds. The facility operates a natural gas engine and two offset lithographic graphic art printing presses . There is also an ink mixing area and one hot melt glue pot. Also included in this renewal is a listing of an insignificant source previously omitted. 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 Department has prepared a Draft Permit and has made a tentative determination to approve this application. The Far Rockaway Power Station of KeySpan Generation LLC consists of one 100 MWe turbine/generator boiler sets operating on pipeline natural gas, #1, #2 and #6 fuel oils. This boiler also has the ability to burn waste oil generated on site for energy recovery. The facility also has a 12.6 mmbtu/hr gas fired steam boiler used to supply building heat and steam during main boiler start up. The department is modifying the subject Title V permit based on an EPA order dated 9/24/04. The modification reflects the permit changes required by the USEPA in response to an objection of this permit filed by the New York Public Interest Research Group (NYPIRG) Petition No. II-2002-06. The attachment A referenced in condition 64 for waste fuel A has been replaced with four separate permit conditions which include limits, monitoring, record keeping and reporting requirements for burning waste fuel A. These conditions can now be viewed in electronic and web-site version of the permit. The Permit Review Report has also been modified with a discussion of how KeySpan Far Rockaway Station complies with the waste fuel permit requirements.

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.