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Freeport, Village of (Supplemental Legislative Hearing)

March 12, 2003

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF SUPPLEMENTAL LEGISLATIVE PUBLIC HEARING
AND ISSUES CONFERENCE ON MODIFIED DRAFT PERMIT

PERMITTEE:

Village of Freeport
46 North Ocean Avenue
Freeport, New York 11520-3023

DEC Facility ID No. 1-2820-00358/00002 - Title V Air Permit

PROJECT LOCATION:

Village of Freeport Power Plant #2
289 Buffalo Avenue
Freeport, New York 11520

PROJECT DESCRIPTION: Pursuant to 6 NYCRR Part 621 (Uniform Procedures) the New York State Department of Environmental Conservation (Department), by Notice dated February 3, 2003, provided notice that it intends to modify the existing Title V air pollution control permit for the Village of Freeport Power Plant #2 pursuant to Subpart 201-6 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR 201-6) and the Environmental Conservation Law ("ECL") Article 19 (Air Pollution Control). The Permittee, Village of Freeport ("Village"), pursuant to 6 NYCRR §621.14(d) has requested a hearing on the Department's notice to modify the Title V permit and pursuant to 6 NYCRR §621.14(e) and §624 (Permit Hearing Procedures) a supplemental legislative hearing and issues conference will be held in response to that request. An adjudicatory hearing may be held as well.

PERMIT HISTORY: The initial Title V permit for this facility was issued on November 12, 1998. An opportunity for public comment was provided at the time of initial permit issuance. The Department initiated a modification of the Title V permit in July 2001. A combined notice of public comment period, draft permit and legislative hearing was published on August 6, 2001. A legislative hearing was held on October 22, 2001, where unsworn statements regarding the proposed modification were received. The Department received numerous comments from the permittee, the public and interested parties which necessitated the Department's rescission of the July 2001 Department-initiated modification.

The draft modified Title V permit that was noticed on February 3, 2003 included the following new conditions: 1) a requirement to shut down the existing two Fiat diesel engines on the date the Village commences commercial operation of the proposed LM6000 turbine or November 30, 2003, whichever occurs first; 2) a requirement that, until such time as the diesels are taken out of service, the diesels shall not operate except in an emergency or consistent with the terms of an agreement between the Long Island Power Authority; 3) a requirement to conduct stack tests of the existing combustion turbine; 4) a required reduction of the allowable fuel sulfur content for all units at the facility covered by the Title V permit from 0.37% to 0.20%; and 5) a limit on the hours of operation for the existing Curtiss-Wright turbine to 130 hours per year. The modified permit conditions were included in the Title V permit in order to make the permit consistent with applicable federal and state law. The modified permit, for example, strictly limits when the diesels may be operated and requires the shutdown of the diesels as a means of bringing the diesels into compliance with the modified permit conditions.

SEQR STATUS: This action is not subject to SEQR because it is a Type II action.

RELATED PROJECT: The Village of Freeport proposes to construct and operate a new gas turbine facility at Freeport Power Plant #2. The new facility will be constructed immediately adjacent to the existing structure and will consist of a new General Electric (GE) LM6000 Sprint simple cycle combustion turbine. The new combustion turbine generator will have a nominal electrical power output of less than 50 MW. A public hearing was held on this permit application on March 12, 2003.

DOCUMENT AVAILABILITY: The 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 are available for review at the following locations during normal business hours between 9:00 AM and 4:00 PM, Monday through Friday:

  • NYS DEC Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY 12233-1550, at (518) 402-9003;
  • NYS DEC Division of Environmental Permits, Department of Environmental Conservation,625 Broadway, Albany, New York 12233-1750. Contact Christopher Hogan, Project Manager, at (518) 402-9151; and,
  • NYS DEC Region 1 Office, SUNY Campus, Loop Road, Building 40, Stony Brook, New York, 11790. At the DEC Region 1 Office, contact John Pavacic at (631) 444-0371.
  • Freeport Memorial Library, 144 West Merrick Road, Freeport, New York.

PRIOR LEGISLATIVE PUBLIC HEARING HELD ON MARCH 12, 2003: Pursuant to notice dated February 3, 2003, a Legislative hearing to receive unsworn statements from the public on the draft modified permit was held on March 12, 2003. As provided in the notice of February 3, 2003, written comments were accepted until March 14, 2003.

NOTICE OF SUPPLEMENTAL LEGISLATIVE PUBLIC HEARING AND ADOPTION OF PRIOR PROCEEDING: In accordance with the provisions of 6 NYCRR Parts 621 and 624, a supplemental legislative public hearing will be held before Administrative Law Judge Molly T. McBride to receive additional unsworn statements from the public on the draft modified permit on Wednesday, May 7, 2003 at 7:00 p.m. at

Freeport High School
50 South Brookside Avenue
Freeport, New York

All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the May 7, 2003 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 (SAPA).

Please be advised that the proceedings of the legislative public hearing held on March 12, 2003, and all written comments submitted thereto through March 14, 2003, will be adopted and made part of the record of the supplemental legislative public hearing to be held on May 7, 2003. Accordingly, if you spoke at the hearing held on March12, 2003, or submitted written comments with respect thereto, it is not necessary that you speak at the supplemental hearing to be held on May 7, 2003 or submit any further written comments.

All public comments on the draft modified Title V permit will be reviewed by DEC Staff in furtherance of the processing of the modification. Specific comments must be supported by full documentation and references should be limited to readily available information. Pursuant to 6 NYCRR Section 201-6.5(i)(3), comments on a reopened Title V permit are limited to those parts of the Title V permit that are being modified.

WRITTEN COMMENTS: Written comments may be made to the Department to NYS DEC Division of Environmental Permits, Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, New York 12233-1750, Attn: Christopher M. Hogan, Project Manager . Written comments must be received by May 7, 2003 to be considered.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on Thursday May 8, 2003 at 9:00 a.m. at the Village of Freeport Village Hall, 40 North Ocean Avenue, Freeport, New York and will continue on succeeding days 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 purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the draft modified permit which may be raised. Participation at the issues conference will be limited to the Department Staff, the Applicant and those persons requesting party status pursuant to 6 NYCRR §§ 624.4 and 624.5 in advance of the issues conference.

IT IS EXTREMELY IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED. An adjudicatory hearing will, if necessary, be scheduled following the issues conference.

FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate at the issues conference, 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 revocation or major modification of the proposed modified draft permit. 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 and other 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, as required by 6 NYCRR 624.5(b)(3).

Persons having similar interests of concern are encouraged to file as a consolidated party. The hearing provisions can be found at www.dec.state.ny.us, Hearings & Mediation, Guide to Permit Hearings.

All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by 4:00 P.M. on May 1, 2003. Such filings must be submitted to the following: Molly T. McBride, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550; Franz Litz, Esq., Office of Counsel, NYS DEC, 14th floor, Albany, New York 12233-1500; and the attorney for the permittee, Paul Casowitz, Esq., Sive, Paget & Riesel P.C., 460 Park Avenue, New York, New York 10022-1906. Electronic filings and service by fax will NOT be accepted.

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

JAMES T. MCCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE

March 12, 2003
Albany, New York

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