ENB Region 4 Completed Applications 03/07/2007

The applicant has applied for a renewal of an existing Mined Land Reclamation permit for a 37.7 acre sand and gravel mine, located on Tayer Road in the town of Stephentown. As part of the renewal, the Department has made a tentative determination to approve an application for a State Pollutant Discharge Elimination System (SPDES) permit to discharge treated stormwater to tributary 20A of Kinderhook Creek, from the existing on-site ponds.  The tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify Department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project.  A draft permit is available for inspection and comment at the Region 4 office.

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 proposed an Air State Facility Permit for the application that was received for the General Electric Turbine Plant facility located on 1 River Road, City of Schenectady, County of Schenectady, owned by General Electric Co., 3135 Easton Turnpike, Fairfield, Connecticut.  The facility is engaged in the manufacture of steam turbines and generators.  The application that was submitted is for the construction of two 245 mmBtu/hr boilers firing natural gas.  The applicant has proposed restricting the potential to emit through enforceable permit conditions which will limit or cap emissions from the project, the installation of the two new boilers, at a level which is less than 40 tons per year for oxides of nitrogen which is less than the significant emission rate threshold for 6 NYCRR Part 231-2 and 40 CFR 52, Subpart A.  The significant emission rate is the difference between future potential and prior actual emissions.  By accepting these state and federally enforceable limits, the facility will not be subject to these regulations.  The applicant has agreed to permit conditions which will limit emissions of oxides of nitrogen by restricting the natural gas usage and oxides of nitrogen emission rate of the boilers.  The facility will be required to maintain records and report this data to verify compliance with permit conditions and limits.

Persons wishing to inspect the subject Air State Facility 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 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 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 exists.  A copy of the Department’s permit hearing procedures is available upon request or on the Department’s web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

The Air State Facility Permit, ID number 4-4215-00054/00179 MOD 3, is available for review at the Region 4 office.  The contact person is James J. Eldred, NYSDEC, 1130 North Westcott Road, Schenectady, NY 12306, telephone (518)357-2445.  Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft Air State Facility Permit.

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.