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New York Power Authority (23rd and 3rd Avenues, Brooklyn)

July 16, 2003

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF COMPLETE APPLICATION AND
LEGISLATIVE PUBLIC HEARING PURSUANT TO 6 NYCRR PART 621

APPLICANT: New York Power Authority ("NYPA") 123 Main Street, White Plains, New York 10601

APPLICATION No. 2-6102-00482/00006

PROJECT LOCATION: 23rd and 3rd Avenues, Brooklyn, New York

FACILITY: NYPA operates a gas turbine facility producing 79.9 megawatts of power at the above location. The facility consists of two General Electric LM6000 gas turbines which utilize a selective catalytic reduction unit to minimize emissions of oxides of nitrogen. The gas turbine operates as a simple cycle unit, employing a spray inter-cooling system to optimize power output. Other on-site equipment includes gas and air compressors, a cooling tower lube oil cooling system, water treatment and storage system, ammonia storage and injection system, raw water storage, and auxiliary electrical systems. There is a facility stack approximately 107 feet tall.

REGULATORY HISTORY: In January 2001 the Department issued NYPA a State Facility air pollution control permit allowing the construction and initial operation of the subject facility. The Department subsequently issued NYPA a permit pursuant to Title IV (Acid Rain) of the Clean Air Act Amendments of 1990 ("CAA"). Pursuant to Section 201-6.1(a)(4) and 201-6.3(a)(2) of Title 6 of the New York Codes, Rules and Regulations ("6 NYCRR"), NYPA is required to apply to DEC for a federal operating permit under Title V of the CAA within one year of commencing commercial operation of the facility, which began in July 2001. This notice announces issuance of the draft Title V permit for public comment.

PERMITS: In accordance with 6 NYCRR Section 201-6.1(b)(1), NYPA filed an application for a Title V operating permit for this facility on July 19, 2002. As required by a January 22, 2003 consent order between the Department and NYPA, NYPA amended its Title V application on March 3, 2003 to request the addition of new emissions limits applicable during start-up and shut-down of the units. Department Staff has reviewed the amended application and has determined that the application is technically complete and meets all air pollution control requirements of Environmental Conservation Law ("ECL") Article 19 and 6 NYCRR Part 201, and has prepared a draft permit for public review and comment. The draft permit seeks to assure the facility's conformance with requirements of 6 NYCRR Parts 201, 225, 227, 231, and 257, and all other applicable State air pollution regulations and all Federal requirements for enforceable permit conditions. It is the position of Department Staff that the draft permit imposes the strictest possible emissions limits on the facility's operations in start-up and shut-down modes. The requirements are consistent with those being imposed on similar facilities across the State.

In accordance with 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.

SEQRA: Pursuant to the State Environmental Quality Review Act ("SEQR"), ECL Article 8 and 6 NYCRR Part 617), NYPA, as lead agency, has prepared a final environmental impact statement that addresses the facility. As lead agency, NYPA has determined that no further environmental reviews are required under SEQR for the Title V permit application and issuance of the Title V operating permit.

PUBLIC HEARING: A legislative hearing for receipt of public comments on the application will be held at 7:00 PM on September 23, 2003 at the following location:

MS-88 The Peter Rouget School
544 Seventh Ave. @ 18th Street
Brooklyn, NY 11215
718-788-4482

All persons, organizations, corporations, or government agencies who may be affected by issuance of the permit are invited to attend the hearing and to submit oral or written comments on the application. 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 may limit the time for oral comments to ensure that all have an opportunity to be heard. The hearing site is reasonably accessible to the mobility impaired.

DOCUMENT AVAILABILITY: Persons wishing to inspect the application, draft permit and relevant documents should contact the DEC representative listed below for review during business hours (Monday through Friday, 8:30 am - 4:45 pm). An appointment is recommended to assure file documents are available. DEC will make a reasonable effort to make the files available within two business days. The documents are available at the following locations:

1. Community Board # 7, Jeremy Laufer, District Manager, 4201 4th Avenue, Brooklyn, New York 11232, 718-854-0003

2. Office of the Brooklyn Borough President, The Honorable Marty Markowitz, 209 Joralemon Street, Brooklyn, New York 11201, 718-802-3700

3. NYSDEC Division of Environmental Permits, 625 Broadway, Albany, New York 12233-7235. ATTN: John J. Ferguson. Telephone number 518-402-9167.

WRITTEN COMMENTS: Written comments must be sent to Mr. Ferguson at the address identified above, and must be received no later than September 26, 2003.

STATUTORY and REGULATORY PROVISIONS: The air permit application is being reviewed pursuant to ECL Article 8 (SEQR), ECL Article 19 (Air Pollution Control) and ECL Article 70 (Uniform Procedures Act); and 6 NYCRR Part 201 (General Provisions - Air Pollution Control); Part 617 (SEQR); and Part 621 (Uniform Procedures).

Albany, New York
July 16, 2003

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