ENB Region 2 Completed Applications 06/07/2006

The applicant proposes to operate a radionuclide pharmacy and processing facility at 2425 Waterbury Avenue, Building No. 2, Bronx, NY 10462.  The applicant will be relocating from and closing its current facility located at 2300 Westchester Avenue, Bronx, NY 10462.  At the facility, the applicant would prepare radiopharmaceuticals in unit-dose form for medical use, and transport them in shielded containers to local hospitals and medical facilities where they would be administered.  Spent units would be transported back to the facility in shielded containers, held for radioactive decay until background levels were reached, then packaged and hauled by a regulated medical waste transporter to a licensed disposal facility.  Maximum facility storage capacity would be 2,000 pounds of regulated medical waste.  Maximum storage time allowable would be two years.  Materials which had not decayed to background levels within the two-year maximum period allowed for decay in storage would be handled as low-level radioactive waste and transported in shielded containers to licensed disposal facilities where they would be destroyed by incineration.  The facility would also be regulated by the New York State Department of Labor because it would handle radioactive materials.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The application is for renewal of a current Air Title V facility. The facility is a 286 megawatt gas-fired power plant consisting of two Siemens V84-2 gas turbines 1,503 mmbtu/hr each equipped with a Heat Recovery Steam Generator and two distillate-fired emergency generators. Emission controls include HR 3 low NOx burners, catalytic reduction for carbon monoxide, selective catalytic for nitrogen oxides, and low sulfur fuels for sulfur dioxides. The facility is subject to the requirements of 6 NYCRR Parts 201, 204, 225, 227, 237 and 238.

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 Department has prepared a Draft Permit and has made a tentative determination to approve this application.