ENB Region 2 Completed Applications 07/19/2006

The Department has made a tentative determination to approve an application for an existing facility which is an inspection, maintenance and repair facility of the subway car fleets which service the Metropolitan Transportation Authority New York City Transit Interborough Rapid Transit (IRT) Division. This proposed upgrade to the existing heating capabilities of the facility will include construction of new combustion emission sources. The applicant proposes to cap NOx emissions from the combustion sources of the upgrade project at 22.5 tons per year. The facility is subject to the provisions of State facility specified under 6NYCRR Part 201-7.2. 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 for an existing Title V permit. The renewal is for a facility that produces electricity and steam. It operates three very large boilers rated at 836 MMBtu/hr each, six large boilers rated at 180 MMBtu/hr each and two combustion turbines rated at 223 MMBtu/hr each. The particulate emissions and opacity are regulated by 6NYCRR Subpart 227-1. Con Edison has submitted a NOx RACT compliance and operating plan acceptable to the Department and has elected to comply with NOx emission standards on a system-wide averaging basis. Currently, Con Edison is under a consent order to comply with the opacity standards of New York State

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.