ENB Region 2 Completed Applications 05/31/2006

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a Title V Permit renewal. This facility operates two boilers, three IC engines, one turbine, one duct burner, four ethylene oxide sterilizers, two abators, eight emergency generators, fuel oil storage tanks and fume hoods. The current Title V permit expires on 7/9/06. 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.  The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

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 applicant proposes to construct two new two-family houses to the left and right of an existing house including detached one-car garages within the adjacent area of NYSDEC regulated Class Freshwater II Freshwater Wetland AR-36 (Kingdon Avenue). The project site is located at 1018 Huguenot Avenue, Staten Island, Block 6583 Lots 45, 47 and 49.

The applicant proposes to apply the biological larvicide Vectolex WSP (EPA Reg. No. 73049-20) Bacillus sphaericus 7.5% to control Culex pipens mosquito larve found to contain West Nile Virus, as directed by the New York City Department of Health. The larvicide will be applied to approximately forty four catch basins, manholes, pipes and culverts located within the right of way of the State Island Rapid Transit that may drain into NYSDEC regulated Freshwater Wetlands or Freshwater Wetlands adjacent areas. The larvicide will not be applied directly into any Freshwater Wetlands.