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New York Power Authority - Astoria (Correction)

April 30, 2001

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

Applicant: New York Power Authority, 123 Main Street, White Plains, New York 10601

Application Number: DEC # 2-6301-00084/00016, DPS Case # 99-F-1627, SPDES #NY 0267503

MAY 16, 2001 CORRECTION OF PREVIOUSLY PUBLISHED NOTICE: THE COMBINED HEARING NOTICE FOR THIS PROJECT APPEARED IN THE MAY 2, 2001 ENVIRONMENTAL NOTICE BULLETIN. RECENTLY, IT HAS BEEN BROUGHT TO OUR ATTENTION THAT THE NEW YORK POWER AUTHORITY PROVIDED AN INCOMPLETE ADDRESS FOR THE LEGISLATIVE HEARING LOCATION IN THAT NOTICE. THE INCOMPLETE STREET ADDRESS APPEARED AS 21 DITMARS BOULEVARD, BUT THE FULL STREET ADDRESS IS 21-21 DITMARS BOULEVARD. THE FULL ADDRESS OF THE LEGISLATIVE HEARING LOCATION IS: NEW YORK CITY PUBLIC SCHOOL 122, 21-21 DITMARS BOULEVARD, LONG ISLAND CITY, NEW YORK. THE LEGISLATIVE HEARING WILL BE HELD ON JUNE 4, 2001, BEGINNING AT 6:30 PM.

Project Description: The applicant, New York Power Authority (NYPA or the Applicant), proposes to construct and operate a combined cycle electric generation facility (the NYPA Combined Cycle Astoria Project or the NYPA Astoria Project), consisting of two General Electric 7FA combustion turbine generators (CTG), two heat recovery steam generators (HRSG), one steam turbine generator (STG), two diesel engines for emergency equipment and associated balance-of-plant systems and facilities. The primary fuel will be natural gas. Kerosene (with low 0.04% sulfur content) will be used for back-up, not to exceed 30 days per year. The nominal electric generating capacity of the proposed facility will be approximately 500 megawatts (MW). The Applicant also proposes to install a carbon monoxide (CO) catalyst to reduce CO and volatile organic compounds (VOCs), and a 'dry low oxides of nitrogen (NOx) burner' and Selective Catalytic Reduction (SCR) to reduce NOx. The air emissions will result from the turbines and generators and will be vented through two co-located, 250-foot high, Good Engineering Practice (GEP) exhaust stacks. The facility will not require the intake of cooling water from the East River since it will use an air-cooled condenser.

The facility would be located on a seven-acre undeveloped parcel of land adjacent to NYPA's existing Charles Poletti Power Project, on 31-03 20th Avenue, Astoria, Queens County, New York, on part of an approximately 47-acre parcel owned by the Applicant. The entire project area is zoned for heavy industrial use (M3-1). The 47-acre NYPA property is part of a 291-acre parcel formerly shared with Consolidated Edison. The property has been used since 1905 for the generation of electricity. The existing Charles Poletti Power Project began commercial operation in 1977, burning fuel oil or natural gas. The proposed NYPA Astoria Project is bounded on the north by the existing oil storage tanks and the East River, on the east by the NRG Astoria Gas Turbine complex, on the south by the Astoria West substation, on the southwest by the existing NYPA Charles Poletti Power Facility and on the west by an open area and the Sintering Building.

State Pollutant Discharge Elimination System (SPDES) Permit Application

SPDES Permit: Pursuant to Environmental Conservation Law (ECL) § 17-0823, the applicant has filed an application with the New York State Department of Environmental Conservation (DEC) for a 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 August 18, 2000 and supplemented on January 22, 2001 and April 24, 2001, and is consistent with the requirements of § 402 of the Federal Clean Water Act for discharges from new steam electric generating facilities.

The applicant seeks approval to discharge wastewater to a collection system and then to the East River. Storm water runoff will be discharged to existing onsite drainage areas during the construction and operation of the proposed facility. Sanitary wastewater will be routed to the New York City sewer system.

The discharges covered under the draft SPDES permit are described as follows:

The following additional low volume waste streams will be directed to a new discharge pipe (Outfall 001), which discharges to the East River:

Outfall #01A - Boiler blowdown, oil/water separator effluent, Freon chiller/auxiliary cooling system blowdown, reverse osmosis reject water and settled granular filter backwash.

Outfall #01B - Stormwater.

Air Permit Applications

Title V Permit: Title V of the federal Clean Air Act requires applicants of major sources of air pollutants to obtain preconstruction air permits. As allowed by Part 201 of Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR), NYPA has opted to obtain a Title V permit authorizing the construction and operation of the proposed NYPA Astoria, pursuant to 6 NYCRR Subpart 201-6.1. Pursuant to the requirements of ECL Article 19, 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), NYPA has filed a complete application with DEC for this Title V permit.

DEC hereby notices a complete application and draft permit for the purpose of issuing a Title V Permit, along with a set of permit conditions for the facility. Pursuant to the Phase II requirements of Title IV of the Clean Air Act and 40 CFR § 72.6(a)(3), the DEC Staff also has reviewed NYPA's Acid Rain Permit Application included in the PSD application and has found it approvable. DEC Staff has determined that federal Maximum Achievable Control Technology (MACT) requirements of 40 CFR Part 63, Subpart B, are not applicable to the project. The conditions in DEC's draft permit authorize the construction and operation of the proposed facility pursuant to 6 NYCRR Subpart 201-6.1 and assure conformance of the NYPA Astoria Project with requirements of 6 NYCRR Parts 201, 204, 225, 227, 231, and 257, as well as all other applicable state air pollution regulations and federal requirements on enforceable permit conditions. 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 federal Clean Air Act or 6 NYCRR Part 201.

In addition to the Part 201-6.1 Title V Draft Permit, DEC Staff concurrently is issuing for public comment a Notice of Determination to Issue Prevention of Significant Deterioration (PSD) conditions pursuant to 40 CFR §§ 52.21 and 124.

NYPA also is required to obtain emissions offsets for NOx and VOCs in the form of Emission Reduction Credits (ERCs). Pursuant to 6 NYCRR Subpart 231-2 and Section 231-2.10, within the presently advertised DEC permit hearing, NYPA will be providing a list of NOx and VOC emission offset sources that subsequently will be the subject of a public notice for a separate public comment period. The DEC air permit application hearing record advertised by the present public notice must be held open to allow for review of ERCs within this DEC permit hearing process. Therefore, the air permits can not be issued absent a full review of ERCs within this DEC permit hearing.

Additional Regulatory Provisions

NYS Public Service Law (PSL): This project is subject to review pursuant to Article X of the New York State Public Service Law (Siting of Major Electric Generating Facilities) and requires a Certificate of Environmental Compatibility and Public Need (Certificate) from the New York State Board on Electric Generation Siting and the Environment (Siting Board) to construct and operate a 500 MW (megawatt) natural gas-fired combined cycle facility. The Article X application was filed on August 18, 2000 and was supplemented on January 22, 2001 and April 24, 2001. The conditions contained in the draft permits identified in this notice will be incorporated into the Article X hearing record for the NYPA Astoria Project.

THE DEC PUBLIC HEARING NOTICED BELOW IS BEING HELD CONTEMPORANEOUSLY AND ON A JOINT RECORD WITH THE RELATED PUBLIC SERVICE LAW ARTICLE X PROCEEDINGS CONCERNING NYPA'S APPLICATION FOR A CERTIFICATE (SITING BOARD CASE 99-F-1627). FOR ADDITIONAL INFORMATION CONCERNING THE PSL ARTICLE X APPLICATION AND RELATED HEARINGS GO TO THE DEPARTMENT OF PUBLIC SERVICE INTERNET SITE AT: www.dps.state.ny.us.

NYS Environmental Conservation Law and implementing regulations: In addition to the specific regulations cited above, the subject SPDES and Title V permit applications are being processed by the DEC Staff pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 19 (Air Pollution Control), 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), Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures) and 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 DEC staff has reviewed the application materials and supporting documentation and have determined that they are complete pursuant to 6 NYCRR Part 621. A tentative determination has been made to approve this application and prepare draft permits. Staff has determined that all statutory and regulatory criteria can be met through the imposition of special permit conditions. For the 201-6 Title V draft air permit, DEC staff has incorporated control technologies and emission limits proposed by the applicant and has independently established a set of additional draft permit conditions. These conditions are necessary to achieve Lowest Achievable Emission Rate (LAER) for NOx and further reductions in CO and ammonia emissions.

The application materials, as well as a draft SPDES permit, fact sheet and draft Title V (air) permit (i.e., a draft Air State Facility Permit) and Title IV conditions are available for review at the following locations during normal business hours between 9:00 AM and 4:00 PM, Monday through Friday:

  1. DEC Office of Hearings and Mediation Services (OHMS), 50 Wolf Road, Room 423, Albany, NY 12233-1550. Contact: Administrative Law Judge (ALJ) Kevin J. Casutto at (518) 457-3468.
  2. DEC Division of Environmental Permits, Department of Environmental Conservation, 50 Wolf Road, Road, 538, Albany, New York 12233-1750. Contact: Orest Lewinter, Project Manager at (518) 457-7718.
  3. DEC Region 2 Headquarters, Division of Environmental Permits, One Hunters Point Plaza, 47-40 21st St., Long Island City, NY 11101-5407. Contact: Elizabeth Clarke at (718) 482-4079.
  4. Queens Public Library, Broadway Branch, 40-20 Broadway, Long Island City, NY 11303. Contact Peter Wessley at (718) 721-2462.
  5. Queens Public Library, Ravenswood Branch, 35-32 21st Street, Long Island City, NY 11106. Contact Grace Tang at (718) 784-2112.
  6. Queens Public Library, Steinway Branch, 21-45 31st Street, Long Island City, NY 11105. Contact Janet Tom at (718) 728-1965.

Written Comments: All written comments about the draft SPDES permit and 201-6 air Title V permit must be filed with Orest Lewinter, NYSDEC, Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750. Written comments must be postmarked no later than June 4, 2001.

All public comments on the application and the draft SPDES and Subpart 201-6 permits will be reviewed 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. The draft PSD conditions referred to above are not subject to hearings 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 Kevin J. Casutto, on JUNE 4, 2001, AT 6:30 PM AT NEW YORK CITY PUBLIC SCHOOL 122, 21-21 DITMARS BOULEVARD, LONG ISLAND CITY, 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 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 held ON JUNE 5, 2001 AT 10 AM AT THE N.Y.S. DEPARTMENT OF PUBLIC SERVICE HEARING ROOM, ONE PENN PLAZA [8TH FLOOR], NEW YORK, NEW YORK. The issues conference will continue on successive business days, as necessary. Based upon the Issues Conference record, 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 DEC staff, the applicant and those persons requesting party status pursuant to 6 NYCRR §§ 624.4 and 624.5 in advance of the Issues Conference. The draft PSD conditions, referenced above, are not subject to public hearings, pursuant to 40 CFR §124.

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), persons must file a written petition requesting party status pursuant to 6 NYCRR §§ 624.4(c) and 624.5(b). 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 interest, 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. The NYSDEC Permit Hearing Regulations, 6 NYCRR Part 624, may be accessed via the NYSDEC/OHMS web page at www.dec.state.ny.us (click on "Hearings and Mediations" under "About DEC" and then click on "Guide to Permit Hearings.")

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 petitioner 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 petitioner 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 4:00 PM on May 25, 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 Kevin J. Casutto, DEC Office of Hearings and Mediation Services, 50 Wolf Road, Albany, NY 12233-1550.
  2. Administrative Law Judge William Bouteiller, NYSDPS, Office of Hearings and Alternative Dispute Resolution, 3 Empire State Plaza, Albany, New York 12223-1350.
  3. Franz Litz, Esq., Office of General Counsel, DEC 50 Wolf Road, Albany, New York 12233-1500.
  4. David Drexler, Esq., NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350.
  5. Gerald C. Goldstein, Esq., Assistant General Counsel, New York Power Authority, 123 Main Street, White Plains, New York 12223-1350.

Electronic service of Petitions is not authorized.

Daniel E. Louis
Chief Administrative Law Judge

April 30, 2001

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