TransGas Energy Systems, LLC
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF DETERMINATION TO ISSUE
PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT
Applicant: TransGas Energy Systems, LLC, One North 12th Street, Brooklyn, New York 11201.
Application Number: DEC # 2-6101-00149/00014 [SPDES # NY0006301] (State Siting Board Case # 01-F-1276)
Project Description and location: The Applicant, TransGas Energy Systems, LLC, proposes to construct and operate a new 1,100 megawatt combined-cycle cogeneration energy facility on the East River waterfront between the Greenpoint and Williamsburg's North Side sections of Brooklyn (the Project). The facility will be fueled primarily by natural gas, with very low-sulfur distillate as a backup fuel. Heat recovery and delivery infrastructure for potential steam sales are included.
The proposed facility will be located on an approximately eight-acre site at the existing Bayside Oil Terminal at North 12th Street and Kent Avenue, in Brooklyn, New York. Combined-cycle cogeneration technology uses waste heat from the combustion turbine thermodynamic cycle to serve as the heat input to a conventional steam turbine thermodynamic cycle. Cogeneration refers to the use of steam for direct heating and cooling via the district heating network. The proposed facility will be configured with two power blocks. Each block will consist of two Siemens Westinghouse W501F combustion turbine generators (CTG), two heat recovery steam generators (HRSG), one steam turbine generator (STG) and associated balance-of-plant systems and facilities. Each gas turbine will burn natural gas and will be coupled to its HRSG, which will produce steam to operate the steam turbine and for steam export. To provide flexibility for steam export and help serve the Facility's thermal needs, two auxiliary boilers have also been incorporated into the design.
Public Notice: Department of Environmental Conservation (DEC) Staff has made a tentative determination that the proposed construction of the TransGas Energy's 1,100 megawatt combined-cycle cogeneration energy facility is subject to and satisfies the federal requirements for the prevention of significant deterioration (PSD) contained in 40 CFR §52.21 and §124. The following PSD-affected air pollutants will be controlled with the Best Available Control Technology (BACT): particulate matter (PM & PM10), carbon monoxide (CO), nitrogen oxides (NOx), sulfur dioxide (SO2) and sulfuric acid mist (H2SO4). The air emissions resulting from the turbines, two auxiliary boilers, the emergency generator and emergency backup fire pump will be vented through a 325-foot Good Engineering Practice (GEP) exhaust stack. The DEC Staff has also verified that the emissions of these PSD- affected air pollutants will not cause, or significantly contribute to, an exceedance of any national primary or secondary ambient air quality standards, and will not consume more than the allowable PSD air quality increments. The facility is also affected by federal New Source Performance Standards (NSPS) at 40 CFR Part 60. The operating restrictions and emission limitations proposed in the Application and its Supplement of March 2003 have been incorporated as special permit conditions in the draft PSD permit. The details are provided in the "fact sheet" in the administrative record.
NYS Public Service Law: This project is subject to review pursuant to New York State Public Service Law (PSL) Article X (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 to construct and operate a 1100 MW natural gas-fired combined cycle cogeneration facility. The Article X application was filed on December 24, 2002 and supplemented in March 2003 (State Siting Board Case # 01-F-1276).
Other Regulatory Provisions: In addition to the specific regulations cited above, the Article X application is being processed by DEC Staff pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 19 (Air Pollution Control), and Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR) Part 201 (Air Permits and Registrations), 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) and Part 621 (Uniform Procedures).
SEQRA Status: The NYSDEC 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 required pursuant to PSL Article X.
Tentative DEC Staff Position: DEC Staff has reviewed the PSD application and determined it is complete pursuant to 6 NYCRR Part 621 and 40 CFR Part 124. Staff has determined that all statutory and regulatory criteria can be met through the imposition of special conditions. A draft PSD determination and conditions are being made available for public comment. The emissions limits and special permit conditions imposed on the TransGas facility will result in insignificant impacts of criteria pollutants on the surrounding community and will not exceed PSD increments. A draft PSD determination and fact sheets are available for review.
Public Comments/Appeal Procedure: DEC invites public comment regarding this tentative determination. DEC's final determination will be made only after full consideration of all public comment received. Comments are to be limited to PSD concerns and must be in writing, and must be accompanied with adequate supporting information. The PSD aspects, as noted above, address the proposed emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), particulate matter (PM and PM10), and sulfuric acid mist (H2SO4). The public comment period will run from the date of publication of this public notice until July 23, 2003. Written comments about DEC Staff's tentative PSD determination must be filed with the DEC project manager at the address provided below.
The final determination may be appealed administratively within 30 days of TransGas Energy's receipt of the final PSD permit determination. Only those persons who file comments on this PSD preliminary determination may petition the EPA Environmental Appeals Board for administrative review of the PSD determination. Persons who fail to file comments may petition for review only to the extent of any changes from the draft to the final permit decision regarding PSD issues. If no comments are received and DEC makes no changes to the PSD determination from the draft to the final decision, no opportunity for further review or appeal will be available.
The procedures for administrative review are defined in the Consolidated Permit Regulations at 40 CFR Part 124. Any such petition for review shall include a statement of the reasons supporting that review and shall adhere to the standards outlined in 40 CFR §§ 124.19(a)(1) and (2). Upon completion of the administrative review process (if applicable), the final decision will become the final agency action and will be published in the Federal Register. Those who appealed for administrative review may petition for judicial review within 60 days following the final EPA decision.
Document Availability: All filed application materials and the preliminary PSD determination are available for public inspection at the following DEC offices between 9:00 AM and 4:00 PM, Monday through Friday:
- NYSDEC Office of Hearings and Mediation Services, NYSDEC, Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550.
- NYSDEC Division of Environmental Permits, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1750. Contact John Cole, Project Manager, at (518) 402-9150.
- NYSDEC Region 2 Headquarters, One Hunter's Point Plaza, 47-40 21st Street, Long Island City, New York 11101-5401. At the NYSDEC Region 2 Office, contact the Division of Environmental Permits, at (718) 482 - 4976.
- Brooklyn Public Library, Central Library, Grand Army Plaza, Brooklyn, NY 11238 [Tel: (718) 230-2100].
- Brooklyn Public Library, Greenpoint Branch, 107 Norman Ave at Leonard St., Brooklyn N.Y. 11222 [Tel: (718) 349-8504].
- Brooklyn Public Library, Leonard Branch, 81 Devoe Street (at Leonard Street), Brooklyn, N.Y. 11221 [Tel: (718) 486-3365].
- Steven Foster Director of Government, Library Services/Relations, Jay Katlan, Director of Public Programs, Business Library, 280 Cadman Plaza West, Brooklyn, N.Y. 11217 [Tel: (718) 623-7000].
- New York Public Library, Kips Bay Branch, 446 Third Avenue, New York, N.Y. 10016 [Contact Pat Pardo, Librarian, at (212) 683-2520].
- Queens Borough Public Library, Sunnyside Branch, 43-06 Greenpoint Avenue, Sunnyside, N.Y. 11104 [Tel: (718) 784-3033].
- Community Board One, 435 Graham Avenue, Brooklyn, New York 11211 [Tel: (718) 389-0009].
Written Comments: All written comments about the draft PSD preconstruction permit must be filed with the NYSDEC Division of Environmental Permits, Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1750, attn: John Cole, Project Manager. Written comments must be postmarked no later than July 23, 2003. Specific comments must be supported by full documentation and references should be limited to readily available information.