Completed Applications Consolidated SPDES Renewals

Public Notice

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

Applicant: KeySpan Energy, 175 East Old Country Road, Hicksville, NY 11801

Application Number: DEC # 2-6304-000024/00004
PSC Article X Case #99-F-1625

Prior Public Notices: On January 23, 2001 the Department of Environmental Conservation (DEC) issued a Notice of Complete Application and Notice of Public Comment Period (which was published in the January 24, 2001 Environmental Notice Bulletin and local newspapers) stating that DEC had made a tentative determination that the proposed construction of a 250MW natural gas-fired, combined cycle co-generating combustion turbine generating plant, by KeySpan Energy was subject to and satisfied the federal requirements for the Prevention of Significant Deterioration (PSD) contained in 40 CFR 52. The public comment period was held open through February 28, 2001. Timely comments were received from KeySpan on February 16, 2001, mainly on the draft 6 NYCRR Subpart 201-6 Title V permit, some of which related to PSD permit aspects. Although comments were submitted by Queens Borough President and Coalition Helping for a Kleaner Environment (CHOKE) on March 26, 2001 after the close of the public comment period, DEC has chosen to respond to the PSD aspects of the comments. A responsiveness summary of PSD issues has been generated by DEC staff and is being made available with this notice.

Final Determination: DEC has determined that the project will be controlling the emissions of PSD affected air pollutants with the Best Available Control Technology (BACT): DEC has also verified that the emissions of these PSD affected air pollutants will not cause or significantly contribute to the exceedance of National Primary or Secondary Ambient Air Quality Standards, and will not consume more than the allowable PSD air quality increment where one exists. Accordingly, a final PSD permit is being issued by DEC in accordance with 40 CFR Part 124 requirements. Pursuant to 40 CFR 124.15 the permit will become effective 33 days from the issuance of the Department’s final decision, barring any appeals.

Appeal Procedure: Pursuant to the Consolidated Permit Regulations found at 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 date.

For a copy of the final permit decision or additional information on the appeals procedure contact: Orest Lewinter, Project Manager, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1750, (518) 402-9162.

Negative Declaration

New York City (Manhattan County) - The New York City Department of Housing Preservation and Development, as lead agency, has determined that the proposed 1644 St. Johns Place will not have a significant adverse environmental impact. The action involves the rehabilitation of an existing city-owned building for the provision of 2,460 sq.ft. of program/office space to serve the adjacent St. Johns Place Familty Center. The project is located on Block 1387, Lot 35, Brooklyn Community District #8.

Contact: Beverly Reith, Department of Housing Preservation, Office of Planning and Intergovernmental Affairs, 100 Gold Street, New York, New York 10038.

New York City (Manhattan County) - The NYC Department of Environmental Protection, as lead agency, has determined that the proposed New Chapter 24 of Title 15 of the Rules of the City of New York Governing Placement and Removal of an (E) Designation on a Tax Lot will not have a significant adverse environmental impact. The action involves the adoption of a new Chapter 24 within the Title 15 of the Rules of the City of New York. The Rules would contain practices and standards for determining when an (E) designation, as delineated in Section 11-15 of the New York City Zoning Resolution, shall be imposed and removed on any tax lot subject to a proposed zoning map amendment. The proposed rules are designed to codify the procedures that have evolved since the adoption of Section 11-15. The project is located Citywide.

Contact: Joseph W. Ketas, 59-17 Junction Boulevard, Corona, NY 11368, phone: (718) 595-4416, fax: (718) 595-4479.