ENB Region 2 Completed Applications 02/21/2007

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. This is for a Title V Facility permit renewal for a bulk storage and terminal facility with a truck loading rack to load gasoline, distillates, denatured ethanol and additives into truck tanks.The permit was modified in 2005 to allow an increase in the gasoline annual throughput from 383,250,000 to 724,160,000 gallons; however the facility is capping at 526,900,000 gallons; the facility will remain below New Source Review threshold emissions. As of 1/1/04 the terminal has discontinued the use of MTBE as a gasoline oxygenate additive per NY ECL 19-031(3)(b). The facility is subject to the requirement of Title V for sulfur dioxide, fuel composition and use- sulfur limitations, 6NYCRR 225; also 6NYCRR 230, 40 CFR 60 Subparts A and XX, NSPS.

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.

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 made a tentative determination to approve an application for an existing facility that operates combustion installation consisting of two natural gas engine powered electric generators and two diesel powered electric generators. The facility NOx emissions are capped at 22.5 tpy. The facility is subject to the provisions of 6NYCRR 201-7.2. The application, draft permit, relevant supporting materials and regulations are available for review during normal business hours at the DEC office provided in this notice. Comments of support or objection may be made by filing a written statement by the deadline date indicated. DEC may schedule a public hearing based upon an evaluation of the nature and scope of any written objections raised. Hearing notices will contain instructions on filing for party status and submitting comments.

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.