ENB Region 2 Completed Applications 05/03/2006

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The facility is applying for a Title V permit renewal. The facility provides heat and hot water to an apartment complex consisting of 172 buildings with 12,271 apartments using four dual fuel boilers that discharge through one common stack. The applicant is capping out of the requirements of 40 CFR 52-A.21, PSD; the facility is subject to 6 NYCRR 227-1, 227-2.4(b), 227-2.6(a)(3), and 227-2.6(c); and 66 NYCRR 617.7 in order to prevent the reoccurrence of boiler contamination incidents.

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 facility which is subject to Title V requirements supplies domestic hot water, chilled water and electricity to the 8,000 residents of the affiliated Amalgamated Warbasse Housing complex. The applicant proposes to install and operate one high-pressure steam boiler of 141.7 mmBtu/hr; and the immediate permanent shutdown of three natural gas and distillate-fired combustion turbines. The new boiler will be subject to New Source Performance Standard requirements of 40 CFR 60 Subpart Db, 6 NYCRR Parts 225, 227-1 and 227-2..This modification will reduce NOx from the previous cap of 95 tpy to 55.86 tpy. The PTE emissions of contaminants SO2, PM, VOC and CO in tons per year will also be reduced. The facility also has proposed to limit the NOx emissions at emission unit UFAC01 to 24 typ and emission unit UFC02 to 29.6 tpy. 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 secondary wastewater treatment plant currently permitted to treat 275 mgd average dry weather flow and 550 mgd wet weather flow. The ongoing upgrading construction will also involve modification of existing aeration tanks. The facility is currently permitted under a Part 201 Title V permit; NYCDEP has determined that an Air State Facility Permit is adequate for the plant's operational needs and will accept a 22.5 tpy cap on plant-wide potential to emit NOx, VOC and HAPs in order not to trigger Part 201 Title V permit requirements. 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 operates a waste paper recycling facility capable of recycling 365,000 tons of 100% recycled waste paper per year. The facility consists of a paper machine that processes pulp into sheets of paper and includes the application of various dyes, one existing 248 mmbtu/hr boiler using natural gas as the primary fuel and No. 2 fuel oil as back up and three existing 14 mmbtu/hr natural gas fired space heaters. The facility is capping out of 6 NYCRR Part 201-6 Title V requirements by limiting Nox, VOC and HAPs below the major size thresholds. The facility is subject to  6 NYCRR 201-5, 6 NYCRR 201-7, 6 NYCRR 227, 6 NYCRR 211, and  40 CFR 60, NSPS. 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 applicant proposes to subdivide currently improved property and construct two new one-family detached houses including decks and parking pads. The project site is located within the adjacent area of NYSDEC regulated Class I Freshwater Wetland NA-7 (South Beach). The proposed houses will be located approximately 60 feet from the wetlands boundary line. A 30 foot wide vegetated deed restricted buffer area is proposed to be established between the developed area and the wetland. The project site is located at 393 father Capodanno Boulevard, Staten island, Block 3491 - Lot 9.

The applicant proposes to subdivide an existing lot containing an existing house and construct a new one-family house with commercial offices on the first floor. The existing house will remain. A portion of the project site is located within the adjacent area of NYSDEC regulated Class I Freshwater Wetland NA-7 (South Beach). The project  site is located at 23 Lansing Street, Staten Island. Block 3400 - Lot 20.

The applicant proposes to construct structural improvements to the outer tunnel walls of eight subway tunnels where they cross under the East and Bronx Rivers.  Where such improvements disturb the riverbeds, the applicant has proposed to perform compensatory mitigation to offset any habitat impacts.