Notice of Final Determination


Applicant: Athens Generating Company, L.P., (PG&E Generating) One Bowdoin Square, Boston, Massachusetts 02114-2090

Application Number: DEC # 4-1922-00055/00001

PSC Case # 97-F-1563

Prior Public Notices: On September 11, 1999 the Department of Environmental Conservation (Department) issued a Notice of Complete Application and Notice of Public Comment Period indicating that it had made a tentative determination that the proposed construction of a 1080MW natural gas-fired, combined cycle combustion turbine generating plant, by the Athens Generating Company, L.P. was subject to and satisfied the federal requirements for the Prevention of Significant Deterioration (PSD) contained in 40 CFR 52. This notice was a revised notice for a previous Notice of Complete Application and Public Hearing and Announcement of Public Comment Period which was published on March 10, 1999. Both notices were published in the Environmental Notice Bulletin (ENB) and in 3 local newspapers. In addition, a legislative public hearing was also held before Administrative Law Judge Daniel P. O'Connell on April 19, 1999 and a public comment period was held from March 10, 1999 through April 19, 1999.

Final Determination: The Department has determined that the project will be controlling the emissions of PSD affected air pollutants with the Best Available Control Technology (BACT): NYSDEC has also verified that the emissions of these PSD affected air pollutants will not cause or significantly contribute to the exceedence of National Primary or Secondary Ambient Air Quality Standards, and will not consume more than the allowable PSD air quality increment where one exists. A LAER (Lowest Achievable Emission Reduction) determination for NOx will be made independently pursuant to the Department's authority under 6 NYCRR Part 231 which may result in more stringent NOx emission limits than those contained in this permit. Comments were received from the United States Environmental Protection Agency (EPA) and were incorporated into this final decision; EPA therefore concurs with this final decision.

Accordingly a final PSD permit decision will be issued. Pursuant to 40 CFR 124.15 the permit will become effective 30 days from the issuance of the Department's final decision. A Department response to comments received has been prepared and will be sent to persons and parties who previously commented.

Appeal Procedure: Pursuant to the Consolidated Permit Regulations 40 CFR 124.19 any persons or parties who filed comments on the draft PSD permit or participated in the public hearing may petition the United States Environmental Protection Agency (EPA), Environmental Appeals Board to review any condition of the permit decision. Any person who failed to file comments or failed to participate in the public hearing on the draft permit may petition for administrative review only to the extent of the changes from the draft to the final permit decision. Any such petition for review must be made within 30 days of the service of notice of the final decision and 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). All pleadings filed by mail must be addressed to the Environmental Appeals Board, MC 1103B, U.S. EPA, 401 M Street, S.W., Washington, D.C. 20460. The Board's telephone number is (202) 501-7060. The Board's fax number is (202) 501-7580.

Upon completion of any administrative review process by the Environmental Appeals Board the final decision will become the final agency action and will be published in the Federal Register. In addition, those who appeal for administrative review may further petition for judicial review within 60 days of the Federal Register data.

For a copy of the final permit decision or additional information on the appeals procedure contact: Michael Higgins, Project Manager, NYSDEC, Region 4 Headquarters, 1130 North Westcott Road, Schenectady, NY 12306, (518) 357-2069.

A Combined Notice of Complete Application, Public Hearing and Issues Conference for the NY State Pollutant Discharge Elimination System (SPDES) Permit for this same project is posted at www.dec.state.ny.us/website/ohms/notices/athens2.htm.