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New York Power Authority - Astoria (Supplemental)

November 20, 2001

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ANNOUNCEMENT OF SUPPLEMENTAL PUBLIC COMMENT PERIOD, and
SUPPLEMENTAL COMBINED NOTICE OF USE OF EMISSION REDUCTION CREDITS
and ISSUES CONFERENCE

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

Application Number: DEC # 2-6301-00084/0015, PSC Case # 99-F-1627

Permit(s) Issuance Pending for:

Article 19, Air Title V Facility

Article 19, Air IV (Phase II Acid Rain)

Article 17 Title 7 & 8 Industrial State Pollutant Discharge Elimination System (SPDES)

Project Description: The applicant, New York Power Authority (NYPA) proposes to construct and operate a 500 MW gas fired combined cycle electric generation facility (NYPA Astoria Project). The facility will operate 8760 hours/year using natural gas, and 0.04% sulfur kerosene as a back up fuel, not to exceed 720 hours/year. Generating equipment will consist 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. NYPA also proposes to install a carbon monoxide (CO) catalyst to reduce emissions of CO and volatile organic compounds (VOCs). A "dry low oxides of nitrogen (NOx)" burner and Selective Catalytic Reduction (SCR) will be used to reduce emissions of NOx. The facility will utilize an air-cooled condenser and will require no intake of cooling water from the East River. The SPDES permit will authorize a discharge of wastewater to a collection system and then to the East River.

This project was the subject of a public notice issued May 2, 2001. At the time of the first notice, the Emission Reduction Credits (ERCs) had not been identified by NYPA. NYPA now has obtained the necessary credits, consistent with 6 NYCRR 231-2.10.

Emission Reduction Credits

The Department hereby provides notice that NYPA is intending to use ERCs to offset potential emissions from its Astoria Project. The ERCs to be used have been supplied from the following sources:

Pollutant Offsets Required Amount Acquired Source
VOC 41 Tons 41 Tons Minnesota Mining and Manufacturing Company ("3M")
Bristol Township, Bucks County, PA
NOx 217 Tons 217 Tons Wisvest-Connecticut, LLC
Bridgeport, CT

The ERCs for this project were transferred through a "Reciprocity Agreement" between New York, Pennsylvania and Connecticut. All ERCs comply with the "same or greater" than non-attainment class area and "contribution test" requirement of Subpart 231-2 and Air Guide 26, Appendix D.

Written Comments: All written comments about NYPA's intended use of ERCs to offset potential emissions from its proposed Poletti Power Project must be filed with the NYSDEC Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550, attn: Associate Examiner/ALJ Kevin J. Casutto. Written comments must received by December 31, 2001.

Public comments on the ERCs do not constitute evidence but may be used by the Associate Examiner as a basis to inquire further of the parties and potential parties at the supplemental issues conference, as set forth in the Department's Permit Hearing Regulations (6 NYCRR 624.4(a)(4)). Specific comments must be supported by full documentation and references should be limited to readily available information.

Issues Conference

A supplemental pre-adjudicatory Issues Conference will be held on January 3, 2002 at the NYS Department of Public Service Hearing Room, One Penn Plaza, 8th Floor, Board Room, NY, NY, commencing at 10:00 a.m. Participation at the NYSDEC Issues Conference is limited to the NYSDEC Staff, NYPA and those persons who already have received party status or who are requesting party status in the NYSDEC permit hearing. Party status in this proceeding is not automatically conferred upon the parties to the PSL Article X proceeding, other than NYSDEC Staff and NYPA. The purpose of the supplemental Issues Conference is to determine party status for any person who has properly filed a petition regarding the ERCs component of the project, as indicated below, and to define, narrow and if possible, resolve proposed adjudicable issues concerning the ERCs component of the project that have been raised by the Issues Conference participants. Any persons requesting party status pursuant to this supplemental notice, must appear or be represented at the Issues Conference so that all proposed issues may be fully discussed. In the event no petitions for party status are filed, the Issues Conference may be canceled.

If you are not an active party and you plan to attend the Issues Conference at One Penn Plaza, please notify Jan Goorsky (at 212-290-4361) at least two full days business days in advance of the January 3, 2002 hearing. When you arrive for the Issues Conference, please be prepared to show a valid and current photo identification to be admitted into the building. Active parties should follow the instructions they receive from the Administrative Law Judge assigned to the proceeding.

Filing for Party Status and Proposed Issues: To participate at the supplemental NYSDEC Issues Conference concerning the ERCs component of the project, parties must file a written petition requesting party status, including the facts intended for presentation, pursuant to 6 NYCRR §§624.4(b) and 624.5(c). 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 ERC component of the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the ERC component of 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 http://www.dec.state.ny.us/ (click on "Hearings and Mediations" under "About DEC" and then click on "Guide to Permit Hearings.")

One copy of any petition requesting either full party status or amicus status must be filed with the ALJ/Examiners identified below and served upon the following other individuals at the same time and in the same manner:

  1. William Bouteiller, Administrative Law Judge / PSL Art. X Presiding Examiner, NYSDPS, Office of Hearings and Alternative Dispute Resolution, 3 Empire State Plaza, Albany, New York 12223-1350; E-mail: "William_Bouteiller@dps.state.ny.us".
  2. Kevin J. Casutto, Administrative Law Judge / PSL Art. X Associate Examiner, NYSDEC, Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550; E-mail: "kjcasutto@gw.dec.state.ny.us".
  3. Franz T. Litz, Esq., Senior Attorney, Office of General Counsel, NYSDEC 625 Broadway, Albany, New York 12233-1500 "ftlitz@.gw.dec.state.ny.us".
  4. David Drexler, Esq., NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350, E-mail: "David_Drexler@dps.state.ny.us".
  5. Edgar K. Byham, Esq., New York Power Authority, 123 Main Street, White Plains, New York, E-mail: "kim.byham@nypa.gov".

Petitions must be received by the Associate Examiner by December 27, 2001. Electronic filing of petitions is acceptable, but must be followed by a paper copy via first class U.S. Mail, postmarked by December 27, 2001. Filings by E-mail must be transmitted both in Microsoft Word 97 or compatible word processing platform (extension '.doc') and Rich Text Format (extension '.rtf').

Document Availability:

The NYSDEC application materials, including a draft preconstruction (air) permit, fact sheet, ERCs forms and supporting documentation, as well as a draft SPDES permit, are available for review at the following locations between 9:00 AM and 4:00 PM, Monday through Friday:

  1. NYSDEC Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550;
  2. NYSDEC Division of Environmental Permits, Department of Environmental Conservation, 625 Broadway, Road, Albany, New York 12233-1750. Contact: John L. Cole, Project Manager, at (518) 402-9150; and,
  3. NYSDEC Region 2 Headquarters, 47-40 21 State Street, Long Island City, New York 11101. Contact: Elizabeth A. Clarke, Division of Environmental Permits (718) 482-4997.

NYS Environmental Conservation Law and implementing regulations: In addition to the specific regulations cited above, the above referenced SPDES and air preconstruction permit applications are being processed by the NYSDEC Staff pursuant to ECL Article 3, Title 3 (General Functions), 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 SPDES General Permit GP-93-06 (Storm Water Discharges from Construction Activities) and SPDES General Permit GP-98-03 (Storm Water Discharges Associated with Industrial Activity Except Construction Activity), issued pursuant to ECL Article 17, Titles 7 and 8 and ECL Article 70.

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
November 20, 2001

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