ENB Region 4 Completed Applications 09/13/2006

The Department of Environmental Conservation (DEC) has received an Air State Facility (ASF) permit application from St. Peter’s Hospital to replace two of four existing steam producing boilers with two new boilers.  The boilers will use natural gas and will be capable of using  number 2 fuel oil for emergency operations.  After replacing the boilers the total plant heat input will increase from 80 million BTUs per hour to95 million BTUs per hour.

The applicant has proposed restricting the potential to emit (PTE) of its emission sources through enforceable permit conditions which will limit or cap emissions at a level which is less than 100 tons per year for carbon monoxide (CO), sulfur dioxide (SO2), particulate matter less than 10 microns (PM-10), and for oxides of nitrogen (NOx); and less than 50 tons per year for volatile organic compounds (VOC)--the applicability thresholds for Part 201-6, Title V; 40 CFR 52.21, Attainment New Source Review; and Part 231-2, Non-attainment New Source Review.

By accepting these state and federally enforceable limits, the facility is not subject to these particular regulations.  The permittee is required to maintain records, including the volumes of fuels burned and sulfur content of oil burned, and to report this data to verify compliance with permit conditions and limits.  

Persons wishing to inspect the draft permit and the application files with all relevant supporting materials available to the DEC (the "permitting authority") that are relevant to this permitting decision, should contact the DEC representative at the address 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 two business days of contact, during normal business hours (8:30 a.m. through 4:45 p.m.), unless the requestor wishes to inspect the files at a later date.

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 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’s wed site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

If comments are received which raise significant issues or provide additional relevant information, the Department may modify the Draft ASF Permit.

The Town of Bethlehem has submitted a permit application to renew its SPDES permit for the South Albany Sewer District which involves an existing discharge of 8,500 gallons per day (average) of treated sanitary wastewater from a tertiary biological treatment plant located on Scott Road, to tributary 11a of Coeymans Creek, which is a Class C waterbody.

The department has made a tentative determination to renew the State Pollutant Discharge Elimination System permit (number NY-0191825) under Article 17 of the Environmental Conservation Law.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft permit, or conduct a hearing.  Refer to the application number and SPDES number listed in this notice on all correspondences to the department regarding this application.

A draft permit is available for inspection and comment at the Region 4 office.   Persons wishing to inspect the subject permit 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 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 two (2) business days of contact, during normal business hours (8:30 a.m. through 4:45 p.m.), unless the requestor wishes to inspect the files at a later date.

Reissuance of a prior permit for a realty subdivision for the construction of single family dwellings on 67+/- acres.  The project is located at Jericho Road ( County Route 53), approximately 700+ feet south of Elm Avenue East, Town of Bethlehem, Albany County.

The proposed action includes construction of a new elementary school and its attendant features on a 21.5± acre site, expansion of an existing transportation center facility and the addition of two playing fields.  The site is in the Town of Bethlehem, Albany County, New York.  The proposed project will impact a total of 4.82± acres of wetland and other waters of the U.S.  This includes the following impact acreages for each portion of the project:

          New elementary school - 3.05± acres

    Expansion of existing Transportation Center facility - 0.45 acres

    Addition of two playing fields - 1.32 acres

The purpose of the project is to construct appropriate facilities to meet the needs of the expanding student population on a district-wide basis in accordance with NYS Education Department (SED) requirements.  

The applicant is proposing to subdivide an existing 63.3 acre parcel into 60 single-family residential building lots, to be known as "Glenview Gardens".  The project will include the installation of new drives, public sewer and water and on-site stormwater management structures. The project will cause unavoidable impacts to approximately 0.28 acres of State and Federal wetlands, 2.251 acres of State regulated wetland adjacent area and 367 linear feet of intermittent stream channel.  Wetland impacts are mainly associated with the roadway construction, with wetland adjacent area impacts resulting from lot grading and stormwater management areas.  As mitigation for these impacts , the applicant proposes to permanently preserve, via deed restrictions and an established open space area to be maintained by a home owners association, 26.27 acres of remaining lands on the site, including 8.54 acres of wetland, 17.73 acres of upland buffer and 3,339 linear feet of intermittent stream channel.  The applicant also proposes to enhance and/or create a total of 0.75 wetland acres and 0.37 acres of uplands on the site.  The project site is located along Swaggertown Road, with an entrance to be established at the intersection of Hadel Road, in the Town of Glenville.