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Berrians 1 Gas Turbine Power, LLC

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF COMPLETE APPLICATIONS AND LEGISLATIVE PUBLIC HEARING

APPLICANT: Berrians 1 Gas Turbine Power LLC, 4401 Victory Boulevard, Staten Island, New York 10314

APPLICATION NOS.: 2-6301-00658/00001 Article 19 - Air Pollution Control, 2-6301-00658/00002 Article 19 - Title IV, Acid Rain Deposition

PROJECT LOCATION: 31-01 20th Avenue, Astoria, NY 11105

PROJECT DESCRIPTION: Berrians 1 Gas Turbine Power, LLC ("Berrians") proposes to install and operate a new gas turbine electric generator to produce peaking power, not to exceed a maximum of 79.9 megawatts (MW) at any time. The unit will consist of a single General Electric Frame 7 EA combustion turbine, fired by natural gas or distillate fuel oil, both of which are currently available at the site. The turbine will operate as a simple cycle unit and will use a dry low NOx combustion technology to control NOx during natural gas firing and a water injection system for control of NOx emissions during distillate oil firing. The project site is the existing Astoria Gas Turbine Power, LLC facility in Queens, NY. Construction will affect a ± 2.5 acre portion of the Astoria power complex. The new unit would be owned by Berrians 1 Gas Turbine Power LLC. Berrians 1 Gas Turbine Power LLC would contract with NRG Energy Inc.'s New York City operations pool to operate and maintain the unit. NRG's New York City operations pool consists of NRG Astoria Operations, Inc., and NRG Arthur Kill Operations, Inc.

PERMITS: Berrians has applied for an air pollution control permit pursuant to Article 19 of the Environmental Conservation Law (ECL) and Part 201 of Title 6 of the New York State Official Compilation of Codes, Rules and Regulations (6 NYCRR), and a Title IV - Phase II Acid Rain permit. DEC has tentatively determined that the applications meet all air pollution control requirements of Article 19 and Part 201.

SEQR STATUS: Pursuant to ECL Article 8, State Environmental Quality Review Act (SEQRA), and 6 NYCRR Part 617, the New York City Department of Environmental Protection ("DEP") has served as lead agency for this environmental impact review, and has determined that the project will not cause, or result in significant adverse environmental impacts. DEP issued a SEQRA Negative Declaration of Significance on August 21, 2002. The project is a Type I action under SEQRA. A cultural resources survey has been completed. The report of the survey is on file. This project is located in a Coastal Management Area and is subject to the Waterfront Revitalization and Coastal Resources Act.

PUBLIC HEARING: A legislative hearing for the receipt of public comments on the applications will be held, beginning at 7:00 p.m. on Tuesday, October 29, 2002, at Riccardo's by the Bridge, 21-01 Twenty-Fourth Avenue, Astoria, Queens 11102, telephone 718-721-7777 (for directions, see www.riccardoscatering.com).

All persons, organizations, corporations, or government agencies who may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments on the applications. It is not necessary to file in advance to speak at the hearing. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. The Administrative Law Judge ("ALJ") may limit the time available for oral comments to 5 minutes per speaker to ensure that all persons have an opportunity to be heard. The hearing facility is reasonably accessible to the mobility impaired.

WRITTEN COMMENTS: Parties may file written comments with the NYS DEC Division of Environmental Permits, Department of Environmental Conservation, 625 Broadway - 4th Floor Albany, New York 12233-1750, attn: Kevin Kispert. Written comments must be postmarked no later than Friday, November 15, 2002. All public comments on the permits will be reviewed to determine whether they raise substantive and significant issues that warrant further review through adjudication. Specific comments must be supported by full documentation and references should be limited to readily available information.

DEC STAFF POSITION AND DOCUMENT AVAILABILITY: The Department has reviewed the application materials, and determined that they are complete pursuant to 6 NYCRR Parts 201 and 621. Staff have made a tentative determination to approve the applications and have prepared draft permits. It has been determined that all statutory and regulatory criteria can be met through the imposition of special permit conditions. The application materials, as well as the draft air permits, are available for review during normal business hours, 9:00 AM - 4:00 PM, Monday through Friday, at the following locations:

  1. NYS DEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550. Contact: Administrative Law Judge Maria E. Villa at (518) 402-9003.
  2. NYS DEC Division of Environmental Permits, 625 Broadway - 4th Floor, Albany, New York 12233-1750. Contact: Kevin Kispert at (518) 402-9161.
  3. NYS DEC Region 2, 47-40 21st Street, Long Island City, NY 11101. Contact: Elizabeth Clarke at (718) 482-4079.
  4. Queens Public Library, Steinway Branch, 21-45 31st Street, Long Island City, New York, 11105; telephone 718-728-1965.
  5. Queens Public Library, Astoria Branch, 14-01 Astoria Boulevard, Long Island City, New York, 11102; telephone 718-728-2220.

STATUTORY and REGULATORY PROVISIONS: The air permit applications are being reviewed pursuant to ECL Article 19 (Air Pollution Control) and 6 NYCRR Part 201 (General Provisions - Air Pollution Control); Part 617 (SEQR); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).

Jo Anne W. Di Stefano
Assistant Commissioner for Hearings and
Acting Chief Administrative Law Judge

September 18, 2002
Albany, New York

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