ENB Region 4 Completed Applications 08/31/2005

The applicant proposes to construct a 52-lot subdivision on a 33.46 acre parcel, located on Boght Road and Windrose Way in the Town of Colonie.  The project would result in impacts to 0.95 acres of federal wetlands, with compensatory mitigation which includes on-site wetland creation and deed restrictions to prevent further wetland development.

The applicnat proposes to replace support piers and a retaining wall which supports an existing restaurant over the Binnekill, and to place approximately heavy rock rip rap at the base of the piers/wall for a distance of approximately 56 feet to provide protection.  The project is located on Main Street at Binnekill Square.

The Department has received a draft Title 5 permit application from the Athens Generating Company for the new power generating facility located at 9300 US Highway 9W Athens, NY 12015 in Greene County, NY.  The facility began commercial operation in 2003 under the terms of an Air State Facility Permit to construct issued by the Department in 2000.  Athens Generating facility is a natural gas fired combined cycle facility rated at 1080 MW.  The facility consists of three Westinghouse Model 501G gas turbines (245 BW@based load), heat recovery steam generators, and steam turbine generators (115 MW) sith selective catalytic reduction (SCR) for NOx emission control. The alternative fuel is distillate fuel oil with a limit of 1080 hours/yr for each turbine. The facility has a 4 million gallon distillate oil tank, three aqueous ammonia tanks (20,000 gallons each) and an emergency diesel generator and diesel fired pump.  The facility is subject to provisions of the Prevention of Significant Deterioration (PSD) and New Source Review (NSR) regulations.  Accordingly, the facility has submitted in it's application a Best Available Control Technology (BACT) and Lowest Achievable Emission Rate demonstrations.  The application and draft permit are available for review at the NYSDEC Region 4 Office, 1150 North Westcott Road, Schenectady, NY  12306. Persons wishing to inspect the subject Title V files, including the application and 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 two business days of contact, during normal business hours 8:30 a.m.-4:30 p.m.) 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 and 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 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 Environmental Conservation Law exist.  A copy of the Department's permit hearing procedures is available upon request or at the Department's webiste at: www.dec.state.ny.us/website/ohms/gudph1.htm    The permit is available for review at the Region 4 office.  The contact person is Michael Higgins.  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 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.