ENB Region 3 Completed Applications 11/01/2006

The applicant proposes to construct a new retaining wall, approximately 250 foot length, to prevent further erosion and bank destabilization on the shore of Swinging Bridge Reservoir, NYS Waters Index # D-10-P 108a. The wall is to be constructed using 2 foot high by 2 foot wide by 6 foot long pre-cast concrete blocks, to be set no more than 18 inches lake-ward of the mean high water elevation and extending no higher than 10 feet above grade.  The wall is proposed to be backfilled with sand and pea gravel.  All work below mean high water is proposed to occur in dry conditions, prior to the refilling of the lake.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

    The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Applicant’s facility located in Peekskill, New York.

    The Wheelabrator Westchester, L.P ( formerly named Charles Point Resource Recovery Facility)  is an existing waste to energy facility located in Peekskill, NY. Wheelabrator Westchester , L.P.  operates the facility on a property owned by the City of Peekskill Industrial Development Agency (IDA) and leased by the City IDA to Westchester County Industrial Development Agency (WCIDA).  The WCIDA leases the facility to Wheelabrator Westchester, L.P.

    The facility began operations in 1984 and was retrofitted with updated emissions control equipment in 1998 and 1999.  The facility can process up to 2250 tons per day of municipal solid waste, using three mass burn municipal waste combustors (MWCs). Each of the three MWCs are designed for a maximum heat input of 325 MMBtu/hr.  The hot gasses produced by the combustion process pass through a waterwall boiler with a maximum continuous rating of 192,100 pounds per hour of steam at 900 psig/830 degrees F.  The steam is piped to a steam turbine generator to produce electrical power for distribution to the local electrical grid.  The three MWC trains combined produce a nominal 60 megawatts of electrical power.

    Each of the MWC process trains has dedicated emission control equipment, continuous emissions monitors and a separate stack flue.  Each unit is equipped with a spray dryer absorber, fabric filter, selective non-catalytic reduction system and powdered activated carbon injection system for air emissions control.  The three stack flues are contained within a single 195 foot tall stack.

    By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

    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.

    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.   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 two (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.    

    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.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.