ENB Region 2 Completed Applications 06/14/2006

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a previously permitted Title V General Permit facility. This new Title V Permit is for a residential apartment complex with three boilers for heating. The modification is to replace the 21.7 mmbtu/hr boiler with a 40.2 mmbtu/hr boiler. The other two boilers are rated at 32.8 mmbtu/hr. One boiler (B0003) of 21.7 mmbtu/hr is being decommissioned which fired only #6 oil. The new boiler B0004 rated at 40l.2 mmbtu/hr will be inserted in its place and will fire both natural gas and #6 oil. There are no other changes and no change in potential to emit levels. The emission unit's maximum annual potential (MAP) of NOx is capped at the same level as before. 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 made a tentative determination to approve an application for emission reduction credits (ERCs)  for the past emission reductions of oxides of nitrogen (NOx) and volatile organic compounds (VOCs) which were the result of the shutdown of the Arrow Lock Mfg. Co. As requested in their February 14, 2006 applications, the amount of ERCs that are proposed to be certified is 3.8 tons of NOx, and 9.2 tons of VOC ERCs for the shut down of emission units U-C0001, 2, 3 and U-1000 1 and 3. Since these credits could be certified as a result of the shutdown of a major facility located in a severe ozone non-attainment area, the NYSDEC will retain 25% of the NOx and VOC ERCs as set forth at 6 NYCRR 231-2.6(a)(6). The application and supporting documentation are available for review at the Region 2 NYSDEC office.

The Department has made a tentative determination to approve this Department and permittee initiated EBPS modification of an existing permit for an existing discharge of treated and untreated stormwater into Jamaica Bay (Class SB), Bergen Basin, Thurston Bay, Head of Bay and an unnamed tidal basin (Class I) and the existing discharge of treated wastewater from the JFK Cogeneration Facility into Jamaica Bay (Class SB).

Compared to the existing permit that this modification will replace, the following significant changes are proposed:

Eliminate outfalls 10A, 10B, 10C, 10D, 018, and 025.

Add outfalls 04A, 04B, 05A, 05B, 017A, and 017B.

Add Action Level and monitoring requirement for CBOD₅ at outfalls 006, 101, 015, and 022.

Change Action Levels to Effluent Limits for Benzene, Ethylbenzene, Toluene, and Xylenes at outfall 004 .

Add Effluent Limit for MTBE at outfall 004.

Add monitoring requirement for Nitrogen at outfalls 004, 006, 101, 015, and 022.

Add monitoring requirement for Glycols at outfalls 006, 010, 015, and 022.

Add  monitoring requirements for Chromium, Copper, Nickel, Zinc, and Free Available Chlorine at outfall 010.

Add Effluent Limit for Total Suspended Solids at outfalls KP1, KP2, KP4, and KP5.

Change Action Levels to Effluent Limits for Chromium, Copper, and Nickel at outfall KP3.

Change Action Level to Effluent Limit for Nickel at outfall KP4 and KP5.

Reduce Effluent Limit for Copper at outfalls KP4 and KP5.

A draft permit and fact sheet are available for inspection and comment at the regional office.