Region 4 SEQR and Other Notices Region 4 SPDES Renewals

ENB Region 4 Completed Applications 01/24/2007

Albany County

Applicant: State University of New York
State University Plaza
Albany, NY 12246
Facility: SUNY at Albany
1400 Washington Ave
Albany, NY 12222
Application ID: 4-0101-00153/00005
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Albany, Albany County
Project Description:
The Department has received an application from SUNY at Albany, 1400 Washington Avenue, in Albany, NY to renew the facility's current Title V permit.  The facility owner is SUNY at the State University Plaza, in Albany, NY.

The permit covers the operation of the facility's four boilers.  The applicant has proposed restricting the potential to emit from these emission sources through enforceable permit conditions which will limit or cap emissions at the following levels:

1)  For emissions, less than 250 tons per year for Sulfur Dioxide (SO2), Particulate Matter (PM) and Carbon Monoxide (CO) - the applicability threshold of 40 CFR 52.21, Subpart A - Prevention of Significant Deterioration of Air Quality (PSD);

2)  For emissions, less than 100 tons per year for NOx - the applicability threshold of a) 40 CFR 52.21 A; b) 6 NYCRR 231-2  - New Source Review in Nonattainment Areas; and c) 6 NYCRR 227-2 - Reasonably Available Control Technology (RACT) for NOx;

3)  For emissions, less than 50 tons per year for Volatile Organic Compounds (VOC) - the applicability threshold of 6 NYCRR 231-2;

4)  For heat input, less than 250 million BTU per hour - the applicability threshold of 6 NYCRR 225-1.7 - Sulfur Emission Monitoring, and 6 NYCRR 227-1.4 - Opacity Stack Monitoring for Stationary Combustion Installations.

By accepting these state and federally enforceable limits, the facility will not be subject to these particular regulations.  The permittee will be required to maintain records and report this data, including fuel usage to verify compliance with permit conditions and limits.  

Persons wishing to inspect the permit renewal 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 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 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:

In accordance with NYCRR Parts 621.5 (d) 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 the applicable requirements of the Clean Air Act or NYCRR Part 201.
Availability of Application Documents:
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.
State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Feb 23, 2007.
Contact: Angelo A Marcuccio
NYSDEC Region 4 Headquarters
1130 North Westcott Rd
Schenectady, NY 12306

Region 4 SEQR and Other Notices Region 4 SPDES Renewals