ENB Region 2 Completed Applications 11/08/2006

The Department has prepared a draft permit and has made a tentative determination to approved this application. The existing facility will operate combustion installation consisting of two new boilers fueled by #2 fuel oil or natural gas. The applicant proposes to cap NOx emissions from the facility to below 22.5 tpy and is required to conduct stack tests to demonstrate NOx emission factors. The facility is subject to the provisions of State Facility specified under 6NYCRR Part 201-7.2. Persons wishing to inspect the subject files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC 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. A public hearing under 6 NYCRR 621.7(c) may be held if a significant degree of public interest exists.

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 applicant proposes shoreline restoration work at the Lake in Central Park. Proposed work includes excavation of soil deposits and invasive vegetation that has accumulated in coves and inlets at the extreme margins of the Lake and stabilization of eroded shoreline through bolder placement and landscape plantings and the restoration of a small island. Approximately 3,830 cubic yards of soil deposits will be excavated. The project site is located at the Lake in Central Park bounded by 72nd Street cross Drive, the 79th Street transverse road and the East and West Drives.

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 and has made a tentative determination to approve this application for  Title V and Title IV Renewals. The facility runs a steam-electric power plant consisting of one 8,266 mmBtu/hr  and one auxiliary 217 mmBtu/hr boiler. The facility is subject to the provisions of Title V under 6NYCRR Subpart 201-6, 6NYCRR Part 227 and 6NYCRR Part 225-1. The facility must comply with Order on Consent, #R2-19990830-120 and #D2-0023-97-08. The Title IV Renewal  (Phase II Acid Rain) includes SO2 Allowance Allocations 40CFR 73: Allowance 2000-2009, 6385; 2010 and thereafter, 6426.

In accordance with 6NYCRR Parts 621.7(b)(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.

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.