ENB Region 2 Completed Applications 03/07/2007

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. This is an application to renew the original Title V Permit with an expiration date of 7/29/06.The facility operates six large boilers that combust natural gas as well as distillate oil. The facility's emissions exceed the major source pollutant thresholds listed in 6NYCRR Subpart 201-6 and, as such, the facility is subject to the provisions of Title V. The facility's emissions of nitrogen oxide are averaged with other facilities owned by Consolidated Edison, according to a system-wide averaging plan approved by the Department, to verify compliance with the provisions of 6NYCRR Subpart 227-2. Order on Consent: The facility must comply with all the requirements of the Order on Consent, D2-0003-97-6, dated September 16, 1997, which remains in full force and effect.

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 applicant proposes to construct four one-story commercial buildings with parking lots. The rear of the proposed development is within the adjacent area of NYSDEC regulated Class II Freshwater Wetland AR-14 (Outerbridge Crossing). The proposed development is 60 feet from the wetland boundary. The applicant proposes to establish a 20 foot wide vegetated deed restricted area of no-disturbance between the wetland and the developed area. The project site is located on the northwest corner of Page Avenue at 2025 Richmond Valley Road, Staten Island, Block 7580, Lots 1 & 2.

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.