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Consolidated Edison Company of New York (Hudson Avenue)

April 3, 2002

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

APPLICANT/PERMITTEE: Consolidated Edison Co. of NY Inc., 4 Irving Place - Rm 828, New York, NY 10003-3502. Facility: Con Edison - Hudson Ave Station, 1-11 Hudson Avenue, Brooklyn, NY 11201. (DEC Permit No. 2-6101-00042/00011)

PERMIT APPLICATION: The Staff of the New York State Department of Environmental Conservation (DEC Staff) are re-noticing this Title V permit application for the above-referenced facility to include the previously-permitted Boiler 100 (Air State Facility Permit DEC ID No. 2-6101-00042/00027). This notice establishes a new 30 day comment period and announces that a Public Hearing will be held to receive comments from the public.

This notice is being published in the Environmental Notice Bulletin (ENB), the New York Daily News and El Diario. Previously, the Notice of Complete Application on the Title V permit application (excluding Boiler 100) was published in the ENB on January 23, 2002 and in the New York Daily News on January 28, 2002.

The permit application for the restart of Boiler 100 was undertaken in 2001 through the State Facility Permit process, including public notices and a public hearing, notices of which were published as follows: The Notice of Complete Application to modify the facility permit to generate the Emissions Reductions Credits (ERCs) was published in the ENB on March 21, 2001 and the New York Daily News on March 23, 2001; the Notice of Complete Application for the State Facility Permit to restart Boiler 100 was published in the ENB on April 4, 2001, and the New York Daily News on April 11, 2001; Notice of Extension of the Comment Period and the Notice of Legislative Hearing were published in the ENB and the New York Daily News on May 9, 2001 and in El Diario on May 17, 2001.

The Department has prepared a draft permit and has made a tentative determination to approve this application. The existing Con Edison facility produces electricity and steam and consists of five boilers (one rated at 644 MMBtu/hr, three rated at 688 MMBtu/hr, and one rated at 1,956 MMBtu/hr). The boilers combust residual oil. The facility also includes three combustion turbines each rated at 235 MMBtu/hr. The turbines combust distillate oil. One combustion turbine is equipped with a diesel starter engine.

The five boilers are divided into two emission points. Boilers 71, 72, 81 and 82 comprise Emission Unit # H-A0001. Boiler 100, which is rated at 1,956 MMBTU/hr, comprises Emission Unit # H-A0002. Boiler 100 will be shut down on October 1, 2004. The other four (4) boilers are permitted to operate during the entire term of this permit.

The facility emissions exceed the major facility threshold levels for NOx, SO2, CO, particulates and VOCs. In accordance with Title 6 of the Official Compilation of Codes, Rules and Regulations ( 6 NYCRR ) Parts 621.5(d)(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 6 NYCRR Part 201.

DEC has evaluated previous public comments on the Title V permit application and has determined that a significant degree of public interest exists to warrant a legislative public hearing. The applicant and all persons who have filed comments on the previously noticed draft Title V permit are being notified by mail of the public hearing. Comments should be in writing and addressed to the Department representative listed below, unless they are made in person (or submitted in writing) at the legislative public hearing. Comments must be postmarked on or before May 16, 2002.

PERMIT: Title V Facility Permit (Air Pollution Control) pursuant to 6 NYCRR Subpart 201-6 and Environmental Conservation Law ("ECL") Article 19 (Air Pollution Control).

SEQRA STATUS: Pursuant to the State Environmental Quality Review Act ("SEQRA," ECL Article 8 and 6 NYCRR Part 617), DEC Staff determined that the proposed project is a Type II action and consequently no further review is required under SEQRA.

SHPA DETERMINATION: The proposed activity is not subject to review in accordance with the State Historic Preservation Act ("SHPA"). The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

COASTAL MANAGEMENT: This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

PUBLIC HEARING AND OPPORTUNITY TO COMMENT: A legislative hearing for the receipt of public comments on the application will begin at 2:00PM, with a second session beginning at 7:00PM, on Thursday, May 16, 2002, at the following location:

Brooklyn Marriott
333 Adams Street
Brooklyn, NY 11215

All persons organizations, corporations or government agencies which may be affected by the proposed permit are invited to attend the hearing and to submit oral or written comments on the permit. It is not necessary to file a written request in advance to speak in this portion of the hearing. Equal weight will be given to both oral and written statements. Written statements may be filed with the Contact Person below. Staff will determine if the comments raise matters for further consideration. The public comment period closes on May 16, 2002, and all comments not made at the public hearing must be delivered or postmarked on or before that date.

The hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to deaf persons, at no charge, upon written request to Administrative Law Judge Kevin Casutto, NYSDEC, 625 Broadway, Albany, NY 12233-1550, at least five business days prior to the date of the hearing

DOCUMENT AVAILABILITY: 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 two 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.

Contact Person: Elizabeth A. Clarke
NYSDEC Region 2 Headquarters
47-40 21St Street
Long Island City, NY 11101
(718)482-4997
eaclarke@gw.dec.state.ny.us

STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (State Environmental Quality Review); Article 19 (Air Pollution Control); Article 70 (Uniform Procedures); and 6 NYCRR Parts 200, 201, 202, 211, 215, 225, 227, and 257 (Air Resources); Part 617 (SEQRA); Part 621 (Uniform Procedures) and Part 624 (Permit Hearing Procedures); and Title 40 of the Code of Federal Regulations (CFR) Part 82, Subpart F.

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
April 3, 2002

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