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ENB - Region 3 Notices 2/1/2017

Announcement of Public Comment Period, and Combined Notice of Complete Application, Notice of Supplemental Final Environmental Impact Statement


Entergy Nuclear Unit 2, LLC and Entergy Nuclear Unit 3, LLC; Buchanan, NY

Application Number:

3-5522-00011/00004 (SPDES Permit)
3-5522-00011/00030 (Part 401 Water Quality Certificate)

Project Description:

Indian Point Units 2 and 3 are nuclear powered steam electric generating plants owned by Entergy Nuclear Indian Point 2 LLC and Entergy Nuclear Indian Point 3 LLC (Entergy - the permittee), respectively, and operated by Entergy Nuclear Operations, Inc.

The SPDES permit for Indian Point Units 2 and 3 was the subject of a previous Notice of Complete Application that included a proposed Department initiated modification requiring the installation of the Best Technology Available to minimize impacts from the cooling water intake structures for the facilities. That proposed modification was the subject of prior public notice and comment, followed by an adjudicatory hearing pursuant to 6 NYCRR Part 624, resolved by a January 9, 2017 agreement between the permittee, New York State Department of Environmental Conservation (NYS DEC) and other parties that requires the shutdown of both Units by 2021 (subject to the conditions provided therein). This commitment represents the Best Technology Available for the facilities' cooling water intake structures taking into consideration the expected time frame to design, manufacture, and install alternative solutions (e.g. closed-cycle cooling, wedgewire screens).

This permit continues the discharge limits on certain metals, solvents and other industrial pollutants contained in the current permit. In addition, it requires compliance with thermal discharge standards and includes measures to protect aquatic organisms. The permit includes a specified numerical mixing zone that is based on thermal studies conducted by the permittee (required in previous versions of the permit) to limit discharge conditions to meet criteria set forth in 6 NYCRR Part 704, and was the subject of prior public notice and comment.

The Section 401 Water Quality Certificate for Units 2 and 3 was the subject of a Notice of Denial by NYS DEC on April 2, 2010, obviated by the January 9, 2017 agreement including the proposed shutdown of the Units by 2021 (again, subject to the conditions provided therein), which together with the other requirements of the SPDES permit assures compliance with applicable New York State water quality standards and criteria.

Project Location:

The Indian Point facility is located on the east shore of the Hudson River at about River Mile 42, in Buchanan, New York, south of Peekskill, in Westchester County, NY.

Regulatory Provisions

NYS ECL and Implementing Regulations: The subject SPDES permit is being processed by NYS DEC pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures), Parts 750-758 (State Pollutant Discharge Elimination System) and the Clean Water Act Part 401 Water Quality Certification.

SEQRA Status: NYS DEC staff have determined that the proposed project is a Type I action as designated by 6 NYCRR §617.4(b)(6)(i). The proposed facility was the subject of a 1999 Draft Environmental Impact Statement (DEIS) and 2003 Final Environmental Impact Statement as part of the Hudson River Settlement Agreement. NYS DEC has prepared a Supplemental Final Environmental Impact Statement (SFEIS) to address the site-specific Best Technology Available determination for Units 2 and 3.

SHPA Status: The proposed activity is not subject to review in accordance with SHPA. The project involves the continuation of an existing operational activity.

Coastal Zone Management: This project is located in a Coastal Management Area, and NYS DEC has issued a coastal consistency determination that the proposed modification is consistent with all applicable coastal policies.

NYS DEC Staff Position and Document Availability: NYS DEC staff has made a determination to approve the SPDES permit and issue the Section 401 Water Quality Certificate (WQC). It has been determined that all SPDES program statutory and regulatory criteria can be met through the imposition of special permit conditions. The background documentation of this determination is available in the "fact sheets" and the administrative record for the project.

The fact sheets, the SPDES permit, WQC, and SFEIS are available for review at the following locations during normal business hours between 9:00 a.m. and 4:00 p.m., Monday through Friday:

  1. NYS DEC Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. Contact: Christopher Hogan, Project Manager, at (518) 402-9151; and
  2. NYS Department of Environmental Conservation, Region 3 Headquarters, 21 South Putt Corners, New Paltz, New York 12561. Contact: Daniel Whitehead at (845) 256-3801.

The fact sheets, the SPDES permit, WQC, and SFEIS are also available for review on NYS DEC's website at

Written Comments:

All written comments must be postmarked by Monday, March 20, 2017, and sent to: NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. Comments may also be submitted by e-mail, and sent to Christopher Hogan at: or sent by fax to (518) 402-9168. E-mails or comments by fax must be received at NYS DEC by 5:00 p.m. (EDT), on Monday, March 20, 2017.

Contact: Christopher Hogan, NYS DEC - Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail:

Negative Declaration

Putnam County - The Town of Southeast Town Board, as lead agency, has determined that the proposed Local Law to Amend Chapter 138 of the Town Code will not have a significant adverse environmental impact. The action involves the adoption of a local law to amend Chapter 138 "Zoning" of the Town Code. The proposed adoption would amend the definition of "recreation" and "recreation, small scale" to better differentiate the types of recreational uses that are appropriate for residential neighborhoods and those that are more suited to commercial areas. In addition, the proposed adoption is intended to protect community character town-wide by barring those recreational uses that could adversely affect quality of life in terms of light, noise and traffic. The project is located throughout the Town of Southeast, New York.

Contact: Michele Stancati, Town of Southeast, 1360 NYS Route 22, Brewster, NY 10509, Phone: (845) 279-4313, E-mail:

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