ENB Region 2 Completed Applications 06/01/2005

The Department has made a tentative determination to approve this application for a new permit for proposed withdrawal and discharge of up to 993,600 gallons per day of treated groundwater into Hendrix Creek (Class I) and Spring Creek (Class I) from a treatment system consisting of settling tanks at the applicant’s facility located at Gateway Estates where the applicant is constructing sanitary sewers and related appurtenances.  A draft permit is available for inspection and comment at the regional office.

The Department has made a tentative determination to approve an application for an existing facility that provides general and other hospital services. The facility operates four boilers, three chillers, two exempt boilers, three ethylene oxide sterilizers, five emergency generators, six fuel oil storage tanks and 18 fume hoods. This permit modification includes one additional chiller. Three generators will participate in the NYSISO program. The applicant proposes to cap Nitrogen Oxides emissions from the facility at 22.5 tons per year. The facility is subject to the provisions of State Facility specified under 6NYCRR 201-7.2. 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 public 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 made a tentative determination to approve an application for an existing facility that operates a petroleum bulk storage terminal. The facility handles gasoline, fuel oil, heating oil and the blending additives related to these products. The applicant proposes to cap out emissions of VOC below 22.5 tons per year, and hazardous air pollutants (HAP) below 10 tons per year for an individual HAP or 22.5 tons per year for combined HAP. The facility is subject to the provisions of State Facility specified under 6NYCRR 201-7.2. 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 public 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. The applicant wishes to renew their Title V air permit previously issued with an expiration date of 09/15/05. The facility has certified that there are no changes in their operations. Rochdale Village, Inc. owns and operates the Rochdale Village apartments, which is a NYS Mitchell-lama, middle income housing development, and the Rochdale village power plant.

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.