ENB Region 2 Completed Applications 04/05/2006

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The applicant was issued a Title V General Permit on 9/19/01 for small combustion source for existing boilers. The facility has now applied for a Title V Permit renewal for the same existing boilers. The facility is subject to the provisions of Title V and the following rules: 6 NYCRR 200, 201, 201, 211 and subparts 225-1, 227-1, 227-2, 40 CFR 60.Dc NSPS 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.

The Department has made a tentative determination to approve an application for an existing facility that is a 310 million gallon-per-day public-owned modified aeration water pollution control plant. This permit is for the new 2000 kW emergency trailer mounted internal combustion engine generator that will be utilized to supply back-up power  should both the two existing emergency turbine generators not be available in a power emergency situation. 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 for submitting comments.  

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The application is for a Title V Renewal for the facility, a 1,835-unit cooperative apartment complex where an Integral Total Energy Plant isoperated. The plant provides heat, air conditioning, hot water and electricity for the entire apartment complex. The facility is subject to Subparts 201-6, Title V Permits, 227-2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx). Under a NOx RACT variance the annual emissions from all engines are limited to 240 tons per year.

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.