ENB Region 3 Completed Applications 01/24/2007

The applicant proposes to construct a portion of a 30 foot by 32 foot addition to the rear of a residential house in an existing lawn within the 100 foot adjacent area of NYS Freshwater Wetland SP-48 (Class II).  The location is on the east side of North Avenue approximately 1/2 mile north of the intersection with Hurley Road, in the Town of Pleasant Valley.  The project also involves the construction of a new subsurface sewage disposal system outside the wetland and 100-foot adjacent area.  The new system will have a design capacity of 1,260 gallons per day and will be authorized under the Department's general SPDES permit for groundwater discharges of sanitary waste between 1,000 and 10,000 gallons per day (GP-0-05-001).

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 Title V Renewal application for the Applicant’s facility located in Westchester County, New York.

    BMR Landmark at Eastview Holdings LLC maintains a property, which consists of five buildings that house multiple tenants in laboratory and office space.  There is approximately 750,000 square feet of space.  The buildings are served by a powerhouse with three steam boilers burning natural gas or No. 6 oil.  Two of the boilers have a maximum heat input of 49.5 million btu/hr each and the third boiler has a heat input of 85 million btu/hr.  There are a number of exempt activities at the site, such as cooling towers, emergency diesels and oil storage tanks. All other air contamination sources located in this facility remain the same.  

    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: 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.  A copy of the Department’s permit hearing procedures is available upon request or on the Department web site at:  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.