ENB - REGION 4 NOTICES

        
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Public Notice

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

Applicant: Glenville Energy Park, L.L.C., 165 Freemans Bridge Road, Scotia, NY 12302.

Application Number: DEC # 4-4222-00193/0001; PSC Case # 99-F-1835

Project Description: Glenville Energy Park, LLC, (Applicant) is proposing to construct and operate a gas-fired combined cycle electric power generation facility consisting of two General Electric (GE) model 7FA combustion turbine generators (CTGs), two heat recovery steam generators (HRSGs) with duct firing and inlet air foggers and a common steam turbine-generator. Control technologies include dry low-NOx and selective catalytic reduction (SRC) system for Nitrogen Oxides (NOx) emissions and an oxidation catalyst for Carbon Monoxide (CO) and Volatile Organic Compound (VOC) emissions. The facility will be fueled exclusively with natural gas. The nominal electric generating capacity of the proposed facility will be approximately 520 megawatts (MW). The facility will include two mechanical draft plume abated evaporative cooling towers. The air emissions resulting from the turbines and generators will be vented through two 262 ' GEP (Good Engineering Practice) stacks (one for each HRSG) and one 160' emission stack for the auxiliary boiler and emergency generator.

Public Notice: Department of Environmental Conservation (Department) staff has made a tentative determination that the proposed construction of a 520 MW natural gas-fired combined cycle facility by Glenville Energy Park, LLC, is subject to and satisfies the federal requirements for the prevention of significant deterioration (PSD) contained in 40 CFR 52.21. The following PSD-affected air pollutants will be controlled with the Best Available Control Technology (BACT): particulate matter (PM & PM10), carbon monoxide (CO) and nitrogen oxides (NOx). Emissions of Sulfur Dioxide (SO2), lead and sulfuric acid mist (H2SO4) are below PSD significant emission levels. The air emissions resulting from the turbines and generators will be vented through two 262 ' GEP (Good Engineering Practice) exhaust stacks. The Department staff has also verified that the emissions of these PSD- affected air pollutants will not cause, or significantly contribute to, an exceedance of any national primary or secondary ambient air quality standards, and will not consume more than the allowable PSD air quality increments. The projected maximum concentrations of the criteria pollutants are below U.S. Environmental Protection Agency (EPA)-defined significance levels.

The facility is also affected by federal New Source Performance Standards (NSPS) at 40 CFR Part 60. Department staff have incorporated operating restrictions and emission limitations proposed by the Applicant, and verified as appropriate, special permit conditions in the PSD permit. The details are provided in the "fact sheet" in the administrative record.

Project Location: The project site is located on a 21 acre parcel in the "300" block in the Scotia-Glenville Industrial Park, on the north side of NYS Route 5, in the Town of Glenville, Schenectady County.

NYS Public Service Law: This project is subject to review pursuant to New York State Public Service Law (PSL) Article X (Siting of Major Electric Generating Facilities) and requires a Certificate of Environmental Compatibility and Public Need (Certificate) from the New York State Board on Electric Generation Siting and the Environment to construct and operate a 520 MW natural gas-fired combined cycle facility. The Article X application was filed on January 31, 2002.

Other Regulatory Provisions: In addition to the specific regulations cited above, the Article X application is being processed by Department staff pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions), ECL Article 19 (Air Pollution Control), and Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR) Part 201 (Air Permits and Registrations), 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) and Part 621(Uniform Procedures). A separate notice separate notice will be issued concurrently, which will provide an opportunity for the public to comment on the 6 NYCRR Part 201-6.1 Title V Air Permit and Title IV Acid Rain Permit.

SEQRA Status: DEC has determined that the proposed action is a Type II action 6 NYCRR 617.5(c)(35). A comprehensive environmental review is being conducted pursuant to PSL Article X.

Tentative DEC Staff Position: DEC Staff has reviewed the PSD application and determined it is complete pursuant to 6 NYCRR Part 621. Staff has determined that all statutory and regulatory criteria can be met through the imposition of special conditions. A draft PSD determination and conditions and fact sheet are being made available for public comment. The emissions limits and special permit conditions imposed on the Glenville Energy Park construction and operations reflect those proposed by Glenville Energy in its PSD application (Exhibit I, Appendix II of the Title V Permit Application Forms, dated January 2002).

Public Comments/Appeal Procedure: DEC invites public comment regarding this tentative determination. DEC'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 include the Best Available Control Technology (BACT) determinations and compliance with ambient standards and PSD increments from the emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), particulate matter (PM and PM10), and sulfuric acid mist (H2SO4). The public comment period will run from the date of publication of this public notice until June 14, 2002. Written comments about DEC Staff's tentative PSD determination must be submitted to Michael Higgins, DEC Project Manager, NYS Department of Environmental Conservation, 1130 North Westcott Road, Schenectady, New York 12306.

The final determination may be appealed administratively within 30 days of Glenville Energy Park'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 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.

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 following the final EPA decision.

Document Availability: All filed application materials and the preliminary PSD determination are available for public inspection at the DEC Region 4 Headquarters, Division of Environmental Permits, 1130 North Westcott Road, Schenectady, NY 12306; contact: Michael Higgins, Project Manager at (518) 357-2069; and at the following libraries: 1) Scotia Branch of Schenectady County Public Library, 14 Mohawk Avenue, Scotia, NY; 2) Glenville Branch of the Schenectady County Public Library, 20 Glenridge Road, Glenville, NY; 3) Rotterdam Branch of the Schenectady County Public Library, 1100 North Westcott Road, Rotterdam, NY; 4) Schenectady County Public Library, 99 Clinton Street, Schenectady, NY and 5) Town of Ballston Community Library, 2 Lawmar Road, Burnt Hills, NY.


Amendments of the Final Freshwater Wetlands Maps for Albany County:

Region 4 - Subsequent to the promulgation of the final Freshwater Wetlands Maps for Albany County on February 27, 1985, DEC Region 4 Staff found an inaccuracy on Map 13 of 18. Staff determined that Wetland D-6 did not meet the jurisdictional definition of wetland. Upon review of Staff's findings and recommendations relative to this matter, the Commissioner was satisfied that Staff's recommendations were consistent with the requirements of the Freshwater Wetlands Act and supported by the record. The Commissioner ordered Wetland D-6 be removed from Map 13 of 18 for Albany County, effective May 22, 2002. A copy of the amended wetland map and classification sheets will be filed with the office of the clerk of each affected local government and in the Department's Region 4 office.

Contact: Karl E. Parker, Sr., Wildlife Biologist, NYSDEC, 1150 Westcott Avenue, Schenectady, NY 12306-2016, (518) 357-2066.

Negative Declaration

Albany County - The Town of Bethlehem Industrial Development Agency, as lead agency, has determined that the proposed Pittsfield News Co., Inc. will not have a significant adverse environmental impact. The action involves financial assistance to Pittsfield News Co., Inc., in the form of a straight lease transaction in connection with the acquisition, construction and development and equipping of the following project consisting of: (A)(i) the acquisition of a certain leasehold interest in a certain approximately 3.43 acre parcel of real property located on the southerly side of Hamilton Lane at its cul-de-sac terminus, Town of Bethlehem, (ii) construction of land of an approximately 20,736 sq. ft. distribution/warehouse/office facility, and (iii) the installation and equipping of the Buildings with personal property, machinery and equipment (collectively referred to as the "Project Facility" or the "Project"); (B) the lease or sale of the Project Facility to the Company or such other person as may be designated by the Company and agreed upon by the Agency; and (C) the granting of certain financial assistance with respect to the foregoing, including exemptions for real estate transfer taxes, sales taxes, mortgage taxes, and real estate taxes. The project is located on the southerly side of Hamilton lane at its cul-de-sac terminus, Town of Bethlehem.

Contact: F. Michael Tucker, Town of Bethlehem Industrial Development Agency, 445 Delaware Avenue, Delmar, NY 12054, phone: (518) 439-4955.


Albany County - The Town of Guilderland, as lead agency, has determined that the proposed Phase I and II Water System Improvements will not have a significant adverse environmental impact. The action involves the refinance, by the DWSRF, of Phase I and II Water System Improvements constructed by the Town of Guilderland in 1993 and 1994. The work consisted of additions to the water treatment plant to increase treatment capacity and capability to 5.0 mgd, improvements to the raw water pump station, construction of a new 1.0 million gallon clear well, and improvements to the Town's three wells. In 1992 the Town adopted lead agency status, determined the project to be an Unlisted Action, and made a Negative Declaration. As required by NYS Environmental Facilities Corporation regulations, the Town reaffirms this finding for the proposed refinancing. The projects are located: Water Plant and Clearwell - Northeastern Industrial Park, Guilderland Center, Guilderland, NY Raw Water Pump Station - Watervliet Reservoir, French's Hollow Road, Guilderland, NY Wells - Water District Office, 155 State Farm Road, Guilderland, NY.

Contact: Dennis Feeney, Esq., 116 Great Oaks Boulevard, Albany, NY 12203, phone: (518) 452-3710, fax: (518) 452-3925.


Rensselaer County - The Nassau Town Board, as lead agency, has determined that the proposed Enactment of the Town of Nassau Communication and Broadcast Tower Law will not have a significant adverse environmental impact. The action involves the establishment of two (TO-1 and TO-2) overlay zones in which towers will be permitted, following Site Plan Approval in accordance with local laws. The law provides for a specific procedure to be followed upon application for a tower site and restrictions with regard to size, height, setbacks and design. The project is located in the Town of Nassau.

Contact: Carol Sanford, Town of Nassau Town Board, 29 Church Street, Nassau, NY 12123, phone: (518) 766-3559.