ENB Region 2 Completed Applications 04/04/2007

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The facility is a public zoo owned by the city and operated by the Wildlife Conservation Society. The facility operates a cogeneration plant, two small on-site incinerators and numerous exempt sources, such as small boilers, emergency generators, and maintenance, laboratory and graphics operations. In accordance with 231-1.5, the applicant has permanently secured Emission Reduction Credit (ERC) for its Oxides of Nitrogen (NOx) emissions of 171.2 tons per year (tpy) from the following sources: 1. Keyspan (DEC ID 1-2822-00481), 78.36 tpy of NOx; 2. Oceanside (DEC ID 1-2820-02479), 15.86 tpy of NOx; 3. Old Bethpage Landfill Gas Recovery (DEC ED 1-2824-00077), 15.06 tpy of NOx; 4. Smithtown (DEC ID 1-4734-00169), 12.82 tpy of NOx; 5. Ramapo (DEC ID 2-6301-00006, (Con Ed, Astoria) 49-10 tpy of NOx. The Department has accepted this in full satisfaction of the requirement to obtain offset to account for the construction of engine 4.

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 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.

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 decision to approve a total of 8.28 tons of emission reduction credits (ERCs) for past emission reductions of volatile organic compounds (VOCs) at the Kenner Printing facility located at 418 W. 25 St. The reductions are a result of closing the facility and surrendering their registration. Since Kenner Printing is not a major facility they are not subject to 25% retainage by the Department. The 8.28 tons of VOC ERCs will be available to Tansybert to sell or otherwise use. The application and supporting documentation are available for review at the NYSDEC Region 2 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.