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Consolidated Edison Company of New York, Inc. (East River)

December 15, 2000

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ANNOUNCEMENT OF PUBLIC COMMENT PERIOD, and
COMBINED NOTICE OF COMPLETE APPLICATION,
PUBLIC HEARING and ISSUES CONFERENCE

Applicant: Consolidated Edison Company of New York, Inc. 4 Irving Place, N.Y., N.Y. 10003

Application Number: DEC # 2-6206-00012/000021; SPDES # NY-0005126; PSC Case # 99-F-1314

Project Description: Consolidated Edison proposes to construct and operate two dual fuel General Electric combustion turbine generators (CTGs) and two heat recovery steam generators (HRSGs) to produce an estimated 3,000,000 pounds per hour of steam and a nominal electric generation capacity of 360 MW (megawatts). Fuel use will be non-interruptible natural gas with distillate oil use limited to emergency situations. The project will utilize City water supplied by the New York City Department of Environmental Protection, Bureau of Water and Sewer Operations to meet water needs for steam production and other uses. The proposed facility will be located at the existing East River Complex located in Manhattan between East 13th and East 15th Streets from the FDR Drive to Avenue C.

State Pollutant Discharge Elimination System (SPDES) Permit Application

SPDES Permit: Pursuant to ECL §17-0823, the Applicant has filed an application with the DEC for a State Pollutant Discharge Elimination System (SPDES) wastewater discharge permit, and a request for certification that its discharges will comply with the applicable provisions of §§301, 302, 303, 306 and 307 of the Federal Clean Water Act. The application was filed on February 23, 2000, and is consistent with the requirements of §402 of the Federal Clean Water Act for discharges from new steam electric generating facilities. Modifications are required to the existing SPDES permits for the East River Repowering Project, to accommodate additional wastewater streams from the proposed project.

The discharges covered under the draft SPDES permit are described as follows: Reverse Osmosis (RO) reject, multimedia filter backwash, Heat Recovery Steam Generator (HRSG) blowdown, chemical feed/sampling water, and service water from operation and maintenance (O&M) activities.

Air Permit Applications

Preconstruction (Air) Permit and Certificate to Operate: Title V of the federal Clean Air Act requires applicants to obtain preconstruction air permits. Pursuant to 6 NYCRR Part 201, Consolidated Edison has applied for a preconstruction permit authorizing the construction and operation of the proposed facility pursuant to 6 NYCRR Subpart 201-6.1. Pursuant to the requirements of ECL Article 19, and 6 NYCRR Part 201 (Permits and Registrations) and 6 NYCRR Subpart 231-2 (Requirements for Emission Sources Subject to §§172 and 173 of the Clean Air Act, 42 USC §7502 and §7503 on or after November 15, 1992), Con Edison has filed a complete application with the DEC for this preconstruction air emissions permit and the NYSDEC hereby notices a complete application and draft preconstruction permit and certificate to operate, and an associated set of permit conditions for the proposed East River Repowering Project. The conditions in NYSDEC's draft preconstruction permit authorize the construction and operation of the proposed facility pursuant to 6 NYCRR Subpart 201-6.1, and assure conformance of the East River Repowering Project with requirements of 6 NYCRR Parts 201, 225, 227, 231, and 257. The draft preconstruction permit authorizes the construction and operation of the East River Repowering Project in accordance with all other applicable State air pollution regulations and Federal requirements on enforceable permit conditions.

In addition to the Part 201-6.1 preconstruction permit and certificate to operate, NYSDEC is issuing, concurrent with the date of this public notice, a Notice of a Determination to Issue a Prevention of Significant Deterioration (PSD) Permit.

Additional Regulatory Provisions

NYS Public Service Law (PSL): This project requires a Certificate of Environmental Compatibility and Public Need (Certificate) to construct and operate, and is subject to review pursuant to Article X of the New York State Public Service Law (Siting of Major Electric Generating Facilities). To date, the following PSL Article X notices, hearings and conferences have been held: (1) a Notice of Pre-Hearing Conference was issued on August 2, 2000, and (2) Notices of Public Statement Hearings were issued on August 2 and September 8, 2000. As noticed, a Pre-Hearing Conference convened on August 22, 200 at One Penn Plaza in Manhattan, New York. In addition, Public Statement Hearings were held on August 22, 2000 at One Penn Plaza offices of the Public Service Commission in Manhattan, New York City, and on October 5, 2000 at Public School No. 34 at 730 East 12th Street, near Avenue D in Manhattan.

The conditions contained in the NYSDEC draft permits identified in this notice will be incorporated into the Article X hearing record for the East River Repowering Project. The entire Article X record that exists to date is also hereby incorporated, by reference, into the record for this proceeding.

The NYSDEC public hearings noticed herein are being held contemporaneously and on a joint record with the related PSL Article X proceedings concerning the application filed by Consolidated Edison for a Certificate (PSC Case #99-F-1314). For additional information concerning the PSL Article X application and related hearings go to the Department of Public Service web page at: http://www.dps.state.ny.us/eastriver.htm

NYS Environmental Conservation Law and implementing regulations: In addition to the specific regulations cited above, the subject SPDES and air emissions preconstruction permit applications are being processed by the NYSDEC Staff pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 19 (Air Pollution Control), 6NYCRR Subpart 201-6 (Permits and Registrations), and 6 NYCRR Subpart 231-2 (Requirements for Emission Sources Subject to §§172 and 173 of the Clean Air Act, 42 USC §7502 and §7503 on or after November 15, 1992), 6NYCRR Part 621 (Uniform Procedures), 6NYCRR Part 624 (Permit Hearing Procedures) and 6NYCRR Parts 750 et seq. (State Pollutant Discharge Elimination System).

SEQRA Status: The DEC Staff has determined that the proposal is a Type II action as specifically designated by 6 NYCRR §617.5(c)(35). A comprehensive environmental review is conducted pursuant to PSL Article X.

Tentative DEC Staff Position and Document Availability: The Department has reviewed the application materials, determined that they are complete pursuant to 6 NYCRR Part 621, made a tentative determination to approve this application and prepared draft permits. It has been determined that all statutory and regulatory criteria can be met through the imposition of special permit conditions. For the 201-6 permit to construct and certificate to operate, the conditions have incorporated control technologies and emission limits proposed by the applicant and found to be appropriate by DEC staff to be necessary to achieve Best Available Control Technology (BACT) for NOx and Lowest Achievable Emission Rate (LAER) for CO, PM10, NOx and VOC. The background documentation of this determination is available in the "fact sheets" and the administrative record for the project.

The application materials, as well as a draft SPDES and Subpart 201-6 permits, and fact sheet are available for review at the following locations during normal business hours between 9:00 A.M. and 4:00 P.M., Monday through Friday:

  1. NYS DEC Office of Hearings and Mediation Services, Room 423, 50 Wolf Road, Albany, NY 12233-1550;
  2. NYS DEC Division of Environmental Permits, Department of Environmental Conservation, Room 538, 50 Wolf Road, Albany, New York 12233-1750. Contact: Richard C. Benas, Project Manager, at (518) 457-5941 and;
  3. NYS DEC Region 2 Headquarters, 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, N.Y. 11101-5407. Contact: Elizabeth Clarke (718) 482-4997.

Questions concerning this application and the hearings should be directed to Administrative Law Judge (ALJ) Daniel O'Connell at (518) 457-3468

Written Comments: All written comments about the draft SPDES and preconstruction (air) permits must be filed with the NYSDEC Office of Hearings and Mediation, Department of Environmental Conservation, Room 423, 50 Wolf Road, Albany, New York 12233-1550, attn: ALJ Daniel O'Connell. Written comments must be postmarked no later than February 2, 2001.

All public comments on the SPDES application and the draft SPDES permit will be reviewed to determine whether they raise substantive and significant issues that warrant further review through adjudication. The draft PSD permit referred to above is not subject to an adjudicatory or evidentiary hearing, pursuant to 40 CFR §124.71(c).

Public Hearings Sessions and Issues Conference

Legislative Public Hearing: Legislative hearing sessions to receive unsworn statements from the public on the applications and the draft permits, described above, will be held before ALJ Daniel P. O'Connell, on January 24, 2001 at 2:00 P.M. and 7:00 P.M. at Public School No. 34 located at730 East 12th Street, near Avenue D in Manhattan. Part of the hearing session will be put aside to receive comments on the draft PSD permit pursuant to 40 CFR §124.12 at which time comments should be limited to the conditions of the PSD permit. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

Issues Conference: A pre-adjudicatory hearing Issues Conference is scheduled to be heldon February 20, 2001 at 11:00 A.M. at One Penn Plaza, 8th Floor (250 West 34th Street between 7th and 8th Avenues), Manhattan, and will continue at that location from day to day as necessary. At the Issues Conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The Issues Conference may be canceled if no filings for party status are received by the deadline listed below. Participation at the Issues Conference will be limited to the NYSDEC Staff, the Applicant and those persons requesting party status pursuant to 6 NYCRR §§624.4 and 624.5 in advance of the Issues Conference.

Filing for Party Status and Proposed Issues: To participate at the Issues Conference concerning the draft permits identified in this Notice (except the PSD permit), parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR §§624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments, any documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues.

All petitions must be received by February 9, 2001. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:

1) Administrative Law Judge Daniel P. O'Connell, NYSDEC Office of Hearings and Mediation Services, Room 423, 50 Wolf Road, Albany, NY 12233-1550,

2) Administrative Law Judge Walter T. Moynihan, NYSDPS, Office of Hearings and Alternative Dispute Resolution, 3 Empire State Plaza, Albany, New York 12223-1350.

3) William Little, Esq., Associate Attorney, Office of General Counsel, NYSDEC 50 Wolf Road, Albany, New York 12233-1500,

4) Kevin Lang, Esq., NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350,

5) Jeffrey L. Riback, Esq., Associate Counsel, Consolidated Edison Company of New York, Inc., 4 Irving Place-Room 1820, New York, N.Y. 10003-3589

Service by fax is NOT authorized.

Daniel E. Louis
Chief Administrative Law Judge

December 15, 2000

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