ENB - REGION 4 NOTICES

Notice of Complete Application and Draft Permit

Applicant: Athens Generating Company, L.P., 111 Washington Avenue, Albany, NY 12208

Application Number: DEC # 4-1922-00055/00001
PSC Case # 97-F-1563

Project Description: The applicant, Athens Generating Company, L.P., has applied for a New York State air pollution control permit so that it may construct and operate a state-of-the-art, high efficiency, combined cycle Energy Facility consisting of three Westinghouse 501 G (or equivalent) advanced combustion turbine generators (CTG), three heat recovery steam generators (HRSG), three steam turbine generators (STG) and associated balance-of-plant systems and facilities. The nominal electric generating capacity of the Energy Facility will be approximately 1,080 megawatts (MW). The primary fuel will be natural gas, and very low sulfur (0.05 percent) fuel oil will be used for back-up. The air emissions will be released through 180-foot high exhaust stacks, one stack for each of the units.

Project Location: The Energy Facility will be located approximately 2 miles west of the Village of Athens, in a rural area of the Town of Athens, Greene County, New York, in an area zoned for light industrial use. It is located on approximately 250 acres situated between County Route 74 (Leeds-Athens Road) to the south, U.S. Route 9W to the west, County Route 28 (Schoharie Turnpike) to the north, and the Conrail railroad tracks to the east. An access road will be constructed from Route 9W.

Public Notice: The New York State Department of Environmental Conservation (NYSDEC) hereby notices a complete application and draft preconstruction permit and an associated set of permit conditions for the Athens Generating Company's facility, pursuant to the requirements of 6 NYCRR Part 201 (Permits and Registrations) and 6 NYCRR Part 231(New Source review and nonattainment areas), subpart 231-2. The draft preconstruction permit authorizes the construction and operation of the Athens facility in accordance with all applicable State air pollution regulations and Federal requirements on enforceable permit conditions. A set of such conditions have been previously incorporated into the Article X hearing record for the Athens Project. In addition, NYSDEC issued a Notice of a Final PSD Permit determination on January 26, 2000.

The NYSDEC has determined that the project will control the emissions of all affected air pollutants with Lowest Achievable Emission Rate (LAER) and Best Available Control Technology (BACT) and that the emissions of these 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 increments. To assure compliance with these determinations, a set of conditions have been incorporated into a preconstruction permit for the Athens facility pursuant to the requirement at 6 NYCRR, Subpart 201-6.1 to allow the construction and operation of the facility prior to the submission and granting of a federal Title V permit for the facility.

Regulatory Provisions:

1) NYS Public Service Law: This project was subject to review pursuant to Article X of the New York State Public Service Law (Siting of Major Electric Generating Facilities) and must obtain a Certificate of Environmental Compatibility and Public Need to Construct and Operate the proposed 1,080 megawatt natural gas-fired combined cycle combustion turbine generating facility. It has been subject to the following notices, hearings and conferences: Notice of Pre-Hearing Conference, issued on September 28, 1998, Notice of Public Statement Hearings, issued on October 22, 1998, Notice of Change of Pre-Hearing Conference, issued on October 28, 1998 and Notice of Evidentiary Hearing, issued on February 11, 1999. A Pre-Hearing Conference, held on November 9, 1998, commencing at 10:00 A.M., at the Athens Community Center and Public Statement Hearings held on November 9, 1998, commencing at 1:00 P.M. and 7:00 P.M., at the Athens Community Center. Evidentiary Hearings commenced on March 15, 1999 at 1:00 P.M., at the NYS Public Service Commission's Albany office, Empire State Plaza and continued through March 29, 1999. Additional hearings were held from April 13 to April 15, 1999, June 15, 1999, and on January 26 and 27, 2000.

The conditions contained in the draft permit identified in this notice were previously incorporated into the Article X hearing record for the Athens Generating Project and were subject to review therein. The entire Article X record that exists to date is hereby incorporated by reference into the record for this proceeding.

2) Environmental Conservation Law and Associated Regulations: Pursuant to the requirements at 6 NYCRR Part 231-2, a notice of Use of Emission Reduction Credits (ERC's) was issued by NYSDEC in the Environmental Notice Bulletin (ENB) on October 7, 1999 for the specific sources of NOx and VOC emissions offsets obtained by the Athens Generating Company. A set of public comments were received and were responded to in NYSDEC's final determination letter to Athens Generating Company, dated February 2, 2000 indicating that the Athens Generating Company has complied with Part 231-2 requirements.

In addition to the specific regulations cited above, the subject application was processed by the Department of Environmental Conservation pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions), ECL Article 19 (Air Pollution Control), 6 NYCRR Part 621 (Uniform Procedures).

Document Availability/Public Comments: A copy of the final draft preconstruction permit can be obtained from the NYS Department of Environmental Conservation offices, Region 4 Headquarters at 1130 North Westcott Road, Schenectady, NY 12306, between 9:00 AM and 4:00 PM, Monday through Friday or by calling Michael Higgins, Project Manager at (518) 357-2069.

Written comments are invited on the content of the specific conditions associated with the preconstruction permit identified in this notice for the Athens Generating Company proposal. Comments should be submitted to the NYSDEC Region 4 address noted above and must be received by no later than April 7, 2000.

Comments must be limited to the appropriateness and adequacy of the draft permit conditions for the preconstruction permit pursuant to 6 NYCRR, Subpart Part 201-6 to fulfill the state and federal enforceable condition requirements.

Negative Declarations

Albany County - The State University Construction Fund, as lead agency, has determined that the proposed 01445, Construct Art Facility/Sculpture Studio; 01427, Construct Life Sciences Building 01449, New Entry/Admissions Building: 01453, Replace Boiler No. 2, Uptown Campus, will not have a significant adverse environmental impact. The action involves: 01445, Construct Art Facility/Sculpture Studio; approx. 21,000 GSF; 01427, Construct Life Sciences Building: approx. 170,000 GSF; 01449, New Entry/Admissions Building: approx. 49,000 GSF. These structures vary in story height and total approx. 240,000 SF. Parking for 140 vehicles will be part of these projects. 01453, Replace Boiler No. 2, Uptown Campus: Existing boiler #2 rated for 65 MBTU will be replaced with a 100 MBTU unit. The project is located at the existing State University of New York in the City of Albany.

Contact: Margaret McSorley, P.O. Box 1946, Albany, New York 12201, (518) 443-5711.


Albany County - The New York State Department of Transportation, as lead agency, has determined that the proposed reconstruction of NYS Route 32 will not have a significant adverse environmental impact. The action involves the reconstruction of NYS Route 32 from County Road 301 (Meads Corners) to County Road 308 (Feura Bush Road), a length of 6.2 kilometers (3.9 miles), within the Town of New Scotland in Albany County, New York.

Contact: Mark O. White, 84 Holland Avenue, Albany, New York 12208, (518) 473-6612.


Delaware County - The Town of Roxbury Town Board, as lead agency has determined that the proposed Construction of sewerage collection sewage system within Hamlets of Roxbury and Grand Gorge will not have a significant adverse environmental impact. The action involves a proposal to construct a sewage collection system within a sewer district to be established for the Hamlet of Roxbury, and to construct a 47,000 foot sewage force main from the Hamlet of Roxbury to the Grand Gorge wastewater treatment plant located in the Hamlet of Grand Gorge, Town of Roxbury, New York A sewage pump station and 200,000 gallon aerated concrete emergency storage tank will be installed at the head of the force main. A second building will be constructed at the tail of the force main (at its connection with the Grand Gorge WWTP) to monitor flow and handle odor control. That sewage collection and transfer system is being funded by the City of New York under its New Sewage Infrastructure Program (NSIP) established by the Watershed Memorandum of Agreement. The project is located in the Hamlets of Roxbury and Great Gorge in the Town of Roxbury.

Contact: Thomas Hynes, Supervisor, Town Hall, Main Street, Roxbury, NY 12474 (607) 326-7641.


Greene County - The New York State Department of Transportation, as lead agency, has determined that the proposed reconstruction of NYS Route 23A will not have a significant adverse environmental impact. The action involves the reconstruction of NYS Route 23A from 0.3 km east of the bridge over the Kaaterskill Creek to 0.2 km east of the intersection with NYS Route 32A, a length of 1.6 km, within the Town of Catskill in Greene County, New York. It includes the reconstruction of 0.2 km of Route 32A, south of Route 23A and the reconstruction of 0.2 km of Woodstock Avenue, west of Route 32A, to realign the intersection.

Contact: Mark O. White, 84 Holland Avenue, Albany, New York 12208, (518) 473-6612.


Montgomery County - The Montgomery County Soil and Water Conservation District, as lead agency, has determined that the proposed emergency water management will not have a significant adverse environmental impact. The action involves the planning and constructing of ponds and spring developments for drought relief, fire protection and emergency non-potable water for the residents of Montgomery County. The project is located on Old Sharon Road in the Town of Canajoharie, NYSHWY 162, behind the Rural Grove Firehouse in the Town of Root and on Walts Road in the Town of Minden.

Contact: Corey Nellis, 4001 STHWY 5s, Fultonville, NY 12072, (518) 853-4015.


Otsego County - The State Education Department, as lead agency, has determined that the proposed construction of a new bus garage in the Schenevus Central School District, SED Project No. 47-09-01-04-5-007-001, will not have a significant environmental impact. The action involves 18,000 square feet of new construction. The project is located at 100 Main Street in the Town of Schenevus.

Contact: Carl Thurnau, The State Education Department, Facilities Planning, Rm 1060 EBA, Albany, NY 12234; (578) 474-3906

Notice of Acceptance of Draft EIS and Public Hearing

Albany County - The Albany County Airport Authority and the Federal Aviation Administration
as lead agency have prepared a draft Federal Environmental Assessment/State Environmental Impact Statement on the proposed Airside Safety Improvement Program for the Albany International Airport. The action involves the extension of two runways, relocation of firefighting facilities, new hangar construction and an improved airside access road. A public hearing on the draft EA/EIS will be held on April 11, 2000 from 7:00 PM to 9:00 PM at the Albany International Airport Observation Deck in the Terminal. Comments on this document will be accepted until 5:00 PM April 20, 2000.

This document can be reviewed at the Albany County Airport Authority, ARFF Building, Suite 200, Albany, New York 12211; the Shenendehowa Public Library, 47 Clifton Country Road, Clifton Park, New York 12065; and the Colonie Public Library, 629 Albany-Shaker Road, Loudonville, New York 12211.

Contact: Steve Iachetta, (518) 242-2222