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Freeport, Village of (Permit Modification)

February 3, 2003



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

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


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


Existing Facility:

Pursuant to 6 NYCRR Part 621 (Uniform Procedures) the New York State Department of Environmental Conservation (Department) is providing notice that it intends to modify the existing Title V air pollution control permit for the Village of Freeport Power Plant #2. The facility is a municipally-owned electric power generating plant consisting of two diesel engines, one combustion turbine and one package boiler. The capacity of the facility is approximately 34 MW of electric power during normal business operation.

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 appeared in the Environmental Notice Bulletin on August 6, 2001 and Newsday on August 1, 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 necessitates the Department's rescission of the July 2001 Department-initiated modification.

After extensive discussions with the Village of Freeport and the staff of the United States Environmental Protection Agency over a period of months, the Department has decided to issue this new Notice of Intent to Modify and Notice of Public Comment Period and Legislative Hearing on Modified Draft Permit. The draft modified Title V permit being noticed will include 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. These modified permit conditions have been 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.

The Department's modified Title V permit shall take effect on the date a final modified Title V permit is issued pursuant to the regulations at 6 NYCRR Subpart 201-6 (Title V regulations) and Part 621 (uniform permit procedures).


Existing Facility:

Modified Air Title V Permit. The Department is proposing to modify the Village of Freeport's Title V air pollution control permit issued 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).

Air State Facility Pre-Construction Permit for the Proposed New Gas Combustion Turbine.This new Notice is being issued simultaneously with the Department's issuance of a draft permit and notice of public comment period for the Village's proposed new combustion turbine at Power Plant #2. The new facility will be constructed immediately adjacent to the existing structure containing the two diesel engines. The proposed facility will consist of a new General Electric (GE) LM6000 Sprint simple cycle combustion turbine. The total new electrical power from this combustion turbine generator will have a nominal electrical power output of less than 50 MW.

The draft permit for the new combustion turbine also requires the shut-down and permanent decommissioning of the old Fiat diesel generators upon commercial operation of the new combustion turbine. A legislative hearing on the draft permit for the new turbine is to be held simultaneously with the hearing on the revised draft Title V permit.

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

Tentative DEC Staff Position and Document Availability: The Department is proposing to modify the Village of Freeport's Title V air pollution control permit issued 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) and is making a draft modified Title V permit available for public comment. In accordance with 6 NYCRR Part 621.6(d)(9) and Part 201-6.4(c), the Administrator of the US 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 the applicable requirements of the Clean Air Act or 6 NYCRR Part 201.

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.

Written Comments: All written comments about the draft modified Title V permit must be postmarked no later than March 14, 2003, with the 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.

All public comments on the draft modified Title V permit will be reviewed by DEC Staff 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. 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.

Public Hearings Session

Legislative Public Hearing: A legislative hearing session to receive unsworn statements from the public on the applications and the draft permits, described above, will be held before Administrative Law Judge Molly McBride, on March 12, 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 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 Administrative Law Judge (ALJ) at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

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).

Assistant Commissioner for
Hearings and Mediation Services

February 3, 2003
Albany, New York

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