Region 2 SEQR and Other Notices Region 2 SPDES Renewals

ENB Region 2 Completed Applications 09/21/2005

Kings County

Applicant: Bp Products North America Inc
28100 Torch Parkway
Warrenville, IL 60555
Facility: Bp Products N America Brooklyn Terminal
125 Apollo St
Brooklyn, NY 11222
Application ID: 2-6101-00055/00021
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Brooklyn, Kings County
Project Description:
The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a Title V Permit Renewal. The applicant is requesting an increase to the loading rack throughput limit from 400,000 gpy to 600,000 gpy. The facility will redefine facility emission units in order to increase the flexibility of the facility.The unit is operating at a level well below both existing and proposed limits
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: www.dec.state.ny.us/website/ohms/gudph1.htm.

State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Oct 21 2005.
Contact: Elizabeth A Clarke
NYSDEC Region 2 Headquarters
47-40 21ST St
Long Island City, NY 11101
(718)482-4997
r2dep@gw.dec.state.ny.us

Region 2 SEQR and Other Notices Region 2 SPDES Renewals