Completed Applications Consolidated SPDES Renewals
Notice of Final Determination to Issue Prevention of Significant Determination (PSD) Permit

Applicant: PSEG Power New York, Inc.
80 Park Plaza, T16
Newark, NJ 07102

Facility: Bethlehem Energy Center, Glenmont, NY

Application Number: DEC #4-0122-00044/00021
PSC Article X Case # 97-F-2162

Prior Public Notice
The Department of Environmental Conservation ("DEC" or "the Department") published a Notice of Intent to Issue Prevention of Significant Deterioration Conditions in the September 5, 2001 edition of the Environmental Notice Bulletin (and in local newspapers) stating that DEC had made a tentative determination that the proposed construction and operation of a 750 megawatt combined-cycle electric generating facility was subject to and satisfied federal requirements for Prevention of Significant Deterioration (PSD) contained in 40 CFR Part 52.21. The public comment period was open through October 22, 2001. Comments were received only from the applicant. The Department has incorporated some of the comments in the permit conditions and has prepared responses to public comment on the PSD notice, entitled Responsiveness Summary to Public Comment on the Draft Prevention of Significant Deterioration (PSD) permit for PSEG Power New York Inc.’s Bethlehem Energy Center (Responsiveness Summary), which is available upon request pursuant to this notice. The applicant will receive copies of the Permit and Responsiveness Summary.

Final Determination

The Department has revised the draft PSD permit as detailed in the Responsiveness Summary. The Department determined that the project will control emissions of PSD-affected air pollutants, in this instance only particulate matter, with the Best Available Control Technology (BACT). The Department 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 increments. 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 this notice of the Department’s final decision, barring any appeals.

Appeal Procedure

Pursuant to the Consolidated Permit Regulations found at 40CFR §124.19, any persons or parties who filed comments on the draft PSD permit may petition the United States Environmental Protection Agency (USEPA) Environmental Appeals Board to review any condition of the permit decision. Any person who failed to file comments on the draft permit may petition for administrative review only on changes made from the draft to the final decision. Any such petition for review must be made within 30 days of 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, United States Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460.

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:

Kevin Kispert, Project Manager
Division of Environmental Permits
New York State Department of Environmental Conservation
625 Broadway, Albany, NY 12233-1750

Draft Negative Declaration

Rensselaer County - The City of Troy, Department of Public Utilities, as lead agency, has determined that the proposed 101st Street Sewer Separation Project will not have a significant adverse environmental impact. The action involves the construction of approximately 2,200 LF of new sanitary sewer lines to separate the combined sewer system and eliminate the discharge of untreated sewage entering the Hudson River at the 101st Street Storm Sewer Outfall, located just North of the Troy Dam. The project is located at 101st Street, City of Troy, New York.

Contact:Neil R. Bonesteel, Department of Public Utilities, 25 Water Plant Road, Troy, New York 12182, phone: (518) 237-0319.