ENB Region 2 Completed Applications 07/05/2006

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The application is for renewal of their current Title V and Title IV permits. Title IV to control Acid Rain, in accordance with 40 CFR 72, allows in Lb/mmBtu the following: 2000 - 2009 Allowance: Boiler 10/3,136; Boiler 20/2,656; Boiler 30/4,950. Allowance for  2010 and after: Boiler 10/3,160; Boiler 20/2,673; Boiler 30/4,962. The Title V renewal application is for an existing electric generating facility consisting of three steam boiler turbine/generator sets and seventeen simple cycle combustion turbines.  

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.

The Department has made a tentative determination to approve this application for a new permit for proposed withdrawal and discharge of up to 24,000,000 gallons per day of treated groundwater from four proposed temporary outfalls into Hook Creek (Class I) and Head of Bay (Class SB) from a treatment system consisting of settling tanks at each outfall at the site located in the neighborhoods of  Meadowmere and Warnerville in Queens where the applicant has proposed the construction of sanitary sewers, a force main and related appurtenances.  The two areas are not currently sewered.   

Portions of this project require permitting pursuant to Article 25, the Tidal Wetlands program, including: temporary dewatering discharges in tidal wetlands; staging and construction of pumphouse in tidal wetland adjacent area; and a temporary bypass road and drill point staging in tidal wetlands and tidal wetlands adjacent area. The applicant proposes the restoration of wetlands to mitigate the impacts associated with the proposed activities.