Public Notice

Notice of Determination to Issue Prevention of Significant Deterioration (PSD) Permit

Applicant: Southern Energy Bowline L.L.C., 400 Rella Boulevard, Suite 157, Suffern, New York 10901

Application Number: DEC # 3-3922-00003
PSC Case # 99-F-1164

Project Description: The Applicant, Southern Energy Bowline, L.L.C., has applied for a Prevention of Significant Deterioration pre-construction permit pursuant to 40 CFR 52.21 and for a Certificate of Environmental Compatibility and Public Need under Article X of the NYS Public Service Law so that it may construct and operate Bowline Unit #3, a combined cycle electric generating facility consisting of three General Electric Steam and Gas (STAG) 107F system combustion turbine generators (CTG), three heat recovery steam generators (HRSG), one steam turbine generator (STG) and associated balance-of-plant systems and facilities. The primary fuel will be natural gas and low (0.05 percent) sulfur fuel oil will be used for back-up. The nominal electric generating capacity of the proposed Facility will be approximately 750 megawatts (MW). The New York State Department of Environmental Conservation (NYSDEC) has conducted the Prevention of Significant Deterioration (PSD) review contained in 40 CFR 52.21 and 124.

Public Notice: The New York State Department of Environmental Conservation (NYSDEC) has made a tentative determination that the proposed construction of a 750MW natural gas-fired combined cycle combustion turbine generating plant by Southern Energy Bowline, LLC is subject to and satisfies the federal requirements for the Prevention of Significant Deterioration (PSD) contained in 40 CFR 52.21. The air emissions will result from the turbines and generators and will be vented through a single 286-foot high exhaust stack.

The following PSD affected air pollutants will be controlled with the Best Available Control Technology (BACT): nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), particulate matter (PM & PM10) and sulfuric acid mist (H2SO4). The DEC Staff has also verified that the emissions of these PSD affected air pollutants will not cause or significantly contribute to an exceedence of any national primary or secondary ambient air quality standards, and will not consume more than the allowable PSD air quality increment where one exists. In fact, the projected maximum concentrations of the PSD affected criteria pollutants are below EPA defined significance levels. The facility is also affected by federal New Source Performance Standards (NSPS) at 40CFR Part 60. In addition to the operating restrictions and emission limitations proposed by Southern Energy for Unit 3, which have been incorporated as special permit conditions, DEC staff have imposed limitations on the draft PSD permit to assure compliance with CO BACT requirements and reductions in ammonia emissions, as provided in the “fact sheet” in the administrative record and as summarized below.

Project Location: The Energy Facility would be located adjacent to two existing power facilities, Bowline Units 1 and 2, off of Samsondale Avenue in the Town of Haverstraw, Rockland County, New York, on part of a 257 acre parcel owned by the applicant. The entire project area is zoned Planned Industrial Office. The project site is bounded on the east by Bowline Point Park and the Hudson River, on the west by a public park (Peck’s Pond), on the south by combined residential and light industry properties, and on the north by Keahon Auto Wreckers. In addition, vacant land comprising approximately 97 acres of the total 257 acres also occupies the northern portion of the overall Bowline Generating Station property.

NYS Public Service Law: This project is subject to review pursuant to Article X of the New York State Public Service Law (Siting of Major Electric Generating Facilities) and requires a Certificate of Environmental Compatibility and Public Need (Certificate) to construct and operate a 750 megawatt natural gas-fired combined cycle combustion turbine generating facility. The Article X application was filed on March 20, 2000. To date, it has been subject to a public hearing held on September 12, 2000, at Haverstraw Town Hall.

Other Regulatory Provisions: In addition to the specific regulations cited above, the entire Article X application is being processed by the NYS Department of Environmental Conservation (NYSDEC) 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 6 NYCRR Part 201 (Permits and Registrations) and 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). A separate notice will be issued for comment on the 6 NYCRR Part 201 and SPDES draft permits.

SEQRA Status: The NYS Department of Environmental Conservation (NYSDEC) has determined that the proposed action is a Type II action [617.5(c)(35)], and is not subject to review pursuant to the State Environmental Quality Review Act (SEQRA) (ECL Article 8) and 6NYCRR Part 617. A comprehensive environmental review is being conducted pursuant to PSL Article X.

Tentative DEC Staff Position: NYS DEC staff have reviewed the PSD permit application and determined it is complete pursuant to 6 NYCRR Part 621. Staff have determined that all statutory and regulatory criteria can be met through the imposition of special conditions. A draft PSD determination and permit is thus being made available for comment.

The emissions limits and special permit conditions imposed on the Bowline Unit 3 construction and operations reflect those proposed and analyzed by Southern Energy in their PSD permit application (Appendix 5B of the March, 2000 Article X application). In addition, DEC staff have determined and EPA Region II staff have concurred that the CO emission limits originally proposed by Southern Energy for both gas and oil firing were not BACT. Thus, the draft permit reflects lower limits which have been determined by DEC staff to constitute BACT and which are further specified to be achieved by the imposition of a CO catalyst. This determination is supported by the “fact sheet” for the project, including the determination that the CO catalyst also results in Lowest Achievable Emission Limit (LAER) for Volatile Organic Compounds (VOCs), as required by 6 NYCRR SubPart 231-2, which in itself redefines CO BACT. Furthermore, DEC staff have established an emission limit for ammonia “slip” at half that proposed by the applicant based on permitted levels in the Northeast states.

Public Comments/Appeal Procedure: NYSDEC invites public comment regarding this tentative determination. NYSDEC’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 PM-10), and sulfuric acid mist (H2SO4). The public comment period will run from the date of publication of this public notice until December 14, 2000. The final determination may be appealed administratively within 30 days of Southern Energy LLC’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 NYS 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.

Any petition for EPA review must be made within thirty (30) days of the service of notice of the final decision. 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 of the final EPA decision.

Document Availability: All filed application materials and the preliminary PSD determination are open for public inspection at the following NYS Department of Environmental Conservation offices between 9:00 AM and 4:00 PM, Monday through Friday: (A) NYS DEC Division of Environmental Permits, Department of Environmental Conservation, 50 Wolf Road, Room 538, Albany, New York 12233-1750. Contact Robert L. Ewing, Project Manager, at (518) 457-9219; and, (B) NYS DEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, New York 12561-1696. At the DEC Region 3 Office, contact the Environmental Permits Division, at (845) 256-3054.

Negative Declaration

Ulster County - The Town of Gardiner Town Board, as lead agency, has determined that the proposed Carl Lane - timber harvesting permit will not have a significant adverse environmental impact. The action involves a timber harvesting special permit for removal of timber on a 84 acre parcel. The project is located on Route 299 and Yankee Folly Road, Town of Gardiner.

Contact: Councilman Alexander, Town of Gardiner Town Board.

Westchester County - The Village of Pleasantville Board of Trustees, as lead agency, has determined that the proposed adoption of Local Laws Amending Chapter 148, Signs and Outdoor Display Structures, and Chapter 98, Fire Prevention and Building Construction will not have a significant adverse environmental impact. The proposed action is the adoption of two local laws by the Board of Trustees of the Village of Pleasantville. One local law will repeal the village's existing regulations on signage and enact new regulations on signage. The other local law will establish regulations concerning the permitted project of selected signs over the street line.

Contact: Linda E. David, Village Administrator, Village of Pleasantville, Village Hall, 80 Wheeler Avenue, Pleasantvill, NY 10570, phone: (914) 769-1975.

Westchester County - The Village of Briarcliff Manor Board of Trustees, as lead agency, has determined that the proposed modification of the previous purchase of United Water of New Rochelle (UWNR) Pocantico Division Assets and Intermunicipal Agreement between the Village of Sleepy Hollow and Briarcliff Manor will not have a significant adverse environmental impact.

The action involves modification of prior action which consisted of: the purchase of UWNR assets consisting of approximately 4.5 miles of existing water main located in the Village of Sleepy Hollow, the Town of Mount Pleasant and the Village of Briarcliff Manor and a water tank site; the construction of 900 feet of new pipeline and a new 150 sq. ft. pump station to provide an emergency source of water for the Village; and, removal of an existing pump station and storage tanks. Modifications of the action include: 1) additional ownership by Briarcliff Manor of approximately 4.7 miles of dual water mains from Beekman Avenue in Sleepy Hollow to the Dobbs Ferry/Irvington border; 2) provision by UWNR to Briarcliff Manor of a backup rather than primary emergency supply of water; 3) installation of new water main valves and a connecting line between the 16 inch and 10 inch diameter water mains at the Dobbs Ferry/Irvington border to shut off the UWNR emergency supply of water when not needed; and 4) under a proposed separate intermunicipal agreement between Briarcliff Manor and Sleepy Hollow, and as reflected in the amended agreement between UWNR and Briarcliff Manor: Briarcliff Manor will lease and then convey approximately 1.7 miles 12 inch diameter water main from Sleepy Hollow Road to the IBM facility on Route 9. Sleepy Hollow will use its best efforts to deliver an emergency supply of water up to a maximum of 600 gpm to Briarcliff Manor; and Sleepy Hollow will supply the customers of the Pocantico division with Lower Catskill Aqueduct water.

Contact: Thomas A. Ferguson, Jr., Village Manager, Village Hall, Village of Briarcliff Manor, 1111 Pleasantville Road, Briarcliff Manor, New York 10510, phone: (914) 941-4800, fax: (914) 941-4837.