ENB - REGION 2 NOTICES

        
Completed Applications Consolidated SPDES Renewals
Public Notice

Notice of Availability for Public Comment:
An Order-On-Consent for Upgrades at Five (5) Wastewater Treatment Plants in NYC

The New York State Department of Environmental Conservation, in conjunction with the Office of the New York State Attorney General, and the City of New York Department of Environmental Protection (DEP) propose to enter into an administrative order-on-consent (the Long Island Sound/Jamaica Bay Order) to improve water quality in Long Island Sound and Jamaica Bay. The order, which DEC and DEP enter into in the context of resolving ongoing litigation between the State and City, requires DEP to upgrade the City’s four Upper East River Water Pollution Control Plants ("WPCPs") – Hunts Point, Wards Island, Tallman Island, and Bowery Bay – that discharge to Long Island Sound, by installing the latest nitrogen removing technology, known as Step-Feed Biological Nitrogen Removal ("BNR"). These upgrades are designed to make the WPCPs capable of achieving the nitrogen removal requirements of the Total Maximum Daily Load ("TMDL") for nitrogen in Long Island Sound, which became effective in April of 2001. DEC intends to impose nitrogen limits reflecting the TMDL on all dischargers to Long Island Sound in New York State, including the City of New York, through the SPDES permit process. Introduction of nitrogen to coastal waters such as Long Island Sound can cause or contribute to periodic hypoxic (low oxygen) conditions that can kill or drive off marine life.

The order additionally requires DEP to upgrade its 26th Ward WPCP, which discharges to Jamaica Bay, to BNR, to enhance nitrogen removal from effluent entering Jamaica Bay. Like Long Island Sound, Jamaica Bay is detrimentally affected by nitrogen introduction. Under the order DEP will also perform certain studies to determine how best to address nitrogen-related water quality problems in Jamaica Bay in the long term.

The cost of the BNR upgrades required under the order is approximately $1.4 billion.

Three additional proposed orders-on-consent are referenced in the Long Island Sound/Jamaica Bay Order which address other litigation concerning the City’s WPCPs. These proposed orders are summarized below and are available for review in conjunction with the Long Island Sound/Jamaica Bay Order.

Newtown Creek Second Modified Judicial Order on Consent: This Order on Consent will modify an existing Order on Consent before State Supreme Court for Kings County. Like the existing Newtown Creek Order, the modified Newtown Creek Order will require the City to upgrade the Newtown Creek WPCP to meet secondary treatment, as required by the Federal Clean Water Act. However, the existing order requires the City to achieve secondary treatment by 2010 and the proposed amended order will require the City to achieve secondary treatment by the end of 2007. The cost of the proposed upgrade is approximately $1.7 billion, which is approximately $600 million lower than the estimated cost of the upgrade currently required by the existing Newtown Creek Order. The shorter construction period will result in reduced construction impacts to the surrounding community.

Long Island Sound/Jamaica Bay State Court Settlement: This Order on Consent will be entered before State Supreme Court for New York County, and will settle the State’s claims against the City for violations of the nitrogen limits and other parameters set forth in the City’s SPDES permits for the Jamaica Bay and Upper East River WPCPs. The Supreme Court has found the City liable for most of these violations, but has not ruled on appropriate penalties. These violations occurred over the period from January, 1996 through early 2000. The Order requires the City to pay a $500,000 civil penalty, and $500,000 in environmental benefit projects to be administered by the State and the Hudson River Foundation.

Federal Clean Water Act Consent Order: This Consent Order will be entered before the Federal District Court for the Eastern District of New York. The Order will settle claims made by a number of citizens groups and individuals represented by the Pace Law School Environmental Litigation Clinic, the State of Connecticut, and the State of New York against the City for violations of the nitrogen limits and other parameters set forth in the City’s SPDES permits for the Jamaica Bay and Upper East River WPCPs. (These claims parallel those to be resolved in the Long Island Sound/Jamaica Bay State Court Settlement.) This order requires payment by the City of $4 million for the performance of environmental benefit projects to be determined by a committee made up by the State of New York, the State of Connecticut, the City, and two of the citizens group plaintiffs.

This notice affords the opportunity to provide written comments on the LIS/Jamaica Bay Order prior to finalizing the agreement among the involved parties. Full copies of the LIS/Jamaica Bay Order and the associated referenced orders can be obtained on the Departments website at: http://www.dec.state.ny.us/website/dow/index.html and are also available in hard copy at the following offices of the Department: Office of the Director of the Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233. Comments on the order may be provided in writing addressed to Mr. Philip Degaetano, NYS DEC, Division of Water, at the above address, or may be provided over the Internet at: pmdegaetano@gw.dec.state.ny.us Comments must be provided by February 19, 2002. DEC will consider all relevant comments received for incorporation into the document.

Negative Declaration

New York City (Manhattan County) - The New York City Planning Commission, as lead agency, has determined that the proposed ZR Section 99-052 Zoning Text Amendment will not have a significant adverse environmental impact. The applicant, Tamarkin Co., is seeking an amendment to the Zoning Resolution to modify Section 99-052(a) (3) of the Special Madison Avenue Preservation District. The proposed text amendment would eliminate building streetwall recess requirements for zoning lots that have a frontage of between 50 feet and 100 feet along Madison Avenue and that are exclusively in an historic district as designated by the Landmarks Preservation Commission (LPC). The proposed text amendment would continue to require streetwall recesses for zoning lots with more than 50 feet of frontage that are not in an historic district.

The proposed text amendment would affect an area of approximately 46 blockfronts along Madison Avenue, extending from East 61st Street to East 96th Street in Manhattan Community Districts 8 and 11. The area is zoned C5-1 and R10/C1-5 and includes portions of the Upper East Side Historic District, Metropolitan Museum Historic District, and Expanded Carnegie Hill Historic District.

The proposed action would facilitate a proposal by the applicant to develop a new 45,519 square feet residential building at 47 East 91st Street (Block 1503, Lot 22) in an R10/C1-5 zoning district within the Expanded Carnegie Hill Historic District. The proposed building would contain 9 stories plus a penthouse, include an existing bank at the ground floor and approximately 9 dwelling units above. Absent the proposed action, the proposed building would include a streetwall recess along Madison Avenue. With the proposed action, the proposed building’s streetwall would not include a recess.

The proposed building has received a Certificate of Appropriateness from the LPC.

The proposed text could affect the articulation of the streetwalls of other future developments on zoning lots with 50 to 100 feet of frontage along Madison Avenue within the affected area by allowing developments without recesses. As with the building proposed by the applicant, any such developments would require a Certificate of Appropriateness from LPC.

Contact: Robert Dobruskin, Director, EARD, Department of City Planning, 22 Reade Street Room 4E, New York, New York 10007-1216, phone: (212) 720-3420, e-mail: mgarcia@planning.nyc.gov

Notice of Acceptance of Final EIS

Bronx, Kings, Queens, Richmond and Suffolk Counties - The New York Power Authority, as lead agency, has accepted a Final Environmental Impact Statement on the proposed In-City Generation Project: Construction and Operation of Eleven Natural Gas Turbine Generators in New York City and Suffolk County. The New York Power Authority has sited, constructed and operates eleven new simple cycle natural gas combustion turbine generators in the New York City metropolitan area (the “Facilities”). Ten of these nominal 47 megawatt GE LM6000 gas turbine units are located at various locations within the City of New York and one is located in Suffolk County.

Harlem River Yards Site: This project site is located on land within the Harlem River Yards railroad property, in the Port Morris section of the Bronx, in Community Board 1. The site is bordered by East 132nd Street to the north, the Bronx Kill to the south, and the Triborough Bridge to the west. Two natural gas turbine generators, producing an aggregate up to 79.9 MW, have been constructed on this site.

North 1st and Grand Streets Site: This project site is located in the Williamsburg section of Brooklyn, in Community Board 1. The site is located along the East River, fronting on River Street between North 1st and Grand Streets. One natural gas turbine generator, producing up to 47 MW, has been constructed on this site.

23rd Street and 3rd Avenue Site: This project site is located in the Sunset Park section of Brooklyn, in Community Board 7. The site is located along the East River and is bordered by the 23rd Street extension on the north and 3rd Avenue to the east. Two natural gas turbine generators, producing an aggregate up to 79.9 MW, have been constructed on this site.

Vernon Boulevard Site: This project site is located in the Long Island City section of Queens, in Community Board 2. The site is bordered by Vernon Boulevard to the east, the Queensboro Bridge to the north, an unbuilt section of West 43rd Avenue to the south, and the East River to the west. Two natural gas turbine generators, producing an aggregate up to 79.9 MW, have been constructed on this site.

Pouch Terminal Site: This project site is located in the Rosebank section of Staten Island, in Community District 1. The site is bordered by Edgewater Street to the east, Bay Street to the west, and Lynhurst Avenue to the north. One natural gas turbine generator, producing up to 47 MW, has been constructed on this site.

Brentwood Site: This project site is located on the grounds of the Pilgrim State Hospital in the Brentwood area of the Town of Islip. The project is located on the west portion of the hospital property and is surrounded on all sides by lands associated with the Pilgrim State Hospital. One natural gas turbine generator, producing up to 47 MW, has been constructed on this site.

Contact: William V. Slade, Director, Environmental Division, New York Power Authority, 123 Main Street, White Plains, New York 10601, phone: (914) 681-6405, fax: (914) 287-3294.

Notice of Acceptance of Final Supplemental EIS

Queens County - The New York Power Authority, as lead agency, has accepted a Final Supplemental Environmental Impact Statement on the proposed construction and operation of Two Natural Gas Turbine Generators at 42-20 Vernon Boulevard, Long Island City. The New York Power Authority has sited, constructed and operates two new simple cycle natural gas combustion turbine generators at 42-20 to 42-28 Vernon Boulevard, Long Island City, Queens, New York (the “Facility”). This Facility operates at a maximum combined capacity of 79.9 megawatts. An air quality permit for this Facility has been issued by the New York State Department of Environmental Conservation pursuant to 6NYCRR Part 201. Pursuant to the direction of the court in Silvercup Studios, Inc. et al. v. Power Authority of the State of New York, 285 A.D.2d 598 (2d Dep’t 2001), the New York Power Authority issued a positive declaration, prepared and accepted a Draft Supplemental Environmental Impact Statement (DSEIS) (which addressed, at the direction of the court, visual resources; historic and archeological resources; hazardous materials; and neighborhood character), and conducted public hearings to receive comments on the DSEIS. This project site is located in the Long Island City section of Queens in Community Board 2. The site is bordered by Vernon Boulevard to the east, the Queensboro Bridge to the north, an unbuilt section of West 43rd Avenue to the south, and the East River to the west. Two natural gas turbine generators, producing an aggregate up to 79.9 MW, have been constructed on this site.

Contact: William V. Slade, Director, Environmental Division, New York Power Authority, 123 Main Street, White Plains, New York 10601, phone: (914) 681-6405, fax: (914) 287-3294.