ENB - REGION 2 NOTICES

        
Completed Applications Consolidated SPDES Renewals
NOTICE OF FINAL DETERMINATION TO ISSUE PREVENTION OF SIGNIFICANT DETERMINATION (PSD) PERMIT

NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Applicant: New York Power Authority
123 Main Street
White Plains, New York
10601-3170

Application Number: DEC # 2-6301-000084/00016
PSC Article X Case #99-F-1627

Facility: NYPA Poletti 500 MW combined Cycle Unit
31-03 20th Avenue
Astoria, Queens, NY 11105

Prior Public Notices: On April 30, 2001 the Department of Environmental Conservation (DEC) issued a Notice of Complete Application and Notice of Public Comment Period. Notices were published in the May 2, 2001 Environmental Notice Bulletin and local newspapers stating that DEC had made a tentative determination that the NYPA proposed construction of a 500MW natural gas-fired, combined cycle electric generating plant, 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 June 4, 2001. Comments were received on the draft PSD permit from the applicant, EPA Region II and New York Public Interest Research Group (NYPIRG). 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:

Environmental Appeals Board, MC 1103B
U.S. EPA, 401 M Street, S.W.
Washington, D.C. 20460. (202) 501-7060. FAX: (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 final EPA decision.

For a copy of the final permit decision or additional information on the appeals procedure contact: John L. Cole, Division of Environmental Permit, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1750, (518) 402-9150.