ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice To Extend Final Prevention Of Significant Deterioration Permit

New York State Department Of Environmental Conservation

Applicant: Astoria Energy LLC a/k/a SCS Astoria
85 Main Street
Concord, Massachusetts

DEC Number: 2-6301-00072/00014

Project Description and Location

Astoria Energy applied for a Prevention of Significant Deterioration (PSD) pre-construction permit from the New York State Department of Environmental Conservation (DEC) pursuant to 40 Code of Federal Regulations (CFR) § 52.21 in June 2000 to construct and operate a combined cycle electric generating facility that will produce 1,000 megawatts (MW). The facility will use natural gas as its primary source of fuel; low sulfur distillate fuel oil will serve as a backup for a maximum of 720 hours annually. The facility will consist of two General Electric Frame 7F series combustion turbines, two heat recovery steam generators and one steam turbine. The facility will utilize air-cooled condensers to condense the steam turbine exhaust and will have an exhaust stack height of 269 feet.

The project site is located at 17-10 Steinway Street, Astoria, Queens. The site is currently a fuel oil storage distribution terminal operated by Castle Astoria Terminals, Inc., and is zoned M3-1 Heavy Manufacturing under the New York City Zoning Resolution. The project site currently contains several large fuel oil tanks, two of which will be will be refurbished and used to store approximately 12.6 million gallons of backup low sulfur distillate fuel oil. The remaining tanks will be removed from the site.

Prior Public Notices

The Department of Environmental Conservation ("DEC" or "the Department") published a Notice of Intent to Issue Prevention of Significant Deterioration Conditions in the February 28, 2001 edition of the Environmental Notice Bulletin and in local newspapers. The notice stated that DEC had made a tentative determination that the proposed construction and operation of a 1,000 megawatts combined-cycle electric generating facility was subject to and satisfied federal requirements for PSD contained in 40 §52.21 and §124. The public comment period was open through April 19, 2001. The Department responded to comment on the PSD notice in a document titled Responsiveness Summary to Public Comment on the Astoria Energy LLC Draft PSD Conditions. The Department published a Notice of Final Decision on the PSD permit in the October 31, 2001 Environmental Notice Bulletin. The final permit became effective December 5, 2002.

The Department determined that the project will control emissions of PSD-affected air pollutants with the Best Available Control Technology (BACT) for the following PSD-affected air pollutants: sulfur dioxide (SO2), nitrogen dioxide (NO2), particulate matter (PM & PM10) and sulfuric acid mist (H2SO4). The DEC staff has verified that 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 consume less than the allowable PSD air quality increment, where one exists. The projected maximum concentrations of the PSD-affected criteria pollutants are below U.S. Environmental Protection Agency (EPA) defined significance levels.

Purpose of Current Notice

Pursuant to 40 CFR 52.21(r)(2) and condition II.E of the final PSD permit, the permit granted to SCS Astoria would become invalid after 18 months of the final determination if the project had not commenced construction or is not granted an extension of the permit. The 18 month period ends on June 5, 2003. However, SCS Astoria submitted a request on May 14, 2003 for a determination that they have met the definition of "commence construction" under 40 CFR 52.21(b)(9)(ii) and, in the alternative, a request for an extension of the PSD permit. SCS Astoria provided details on binding agreements on construction and power purchase to support it’s claim of having initiated construction.

To assure that the PSD permit will remain in force, DEC staff, with EPA Region II concurrence, have made a tentative decision to grant the PSD permit extension. Based on the existence of the binding agreements and SCS Astoria’s showing of no change to the project’s BACT or impact analysis, DEC staff conclude that the extension is justified, in accord with 40 CFR 52.21(r)(2). The extension of the PSD permit is for an 18-month period. Until a final decision is made on this extension request the PSD permit approval to construct shall remain valid.

Tentative DEC Staff Position

DEC staff has reviewed the material submitted by SCS Astoria to support it’s request for an extension. Staff’s tentative approval to grant the extension is based, in part, on a review of the following factors provided in EPA policy guidance 1) BACT Review: An extension is justified if the BACT determination(s) for the facility covered by the PSD permit remains appropriate. The previous BACT determination for the subject facility’s particulate/PM10, SO2 and sulfuric acid emissions was determined to be the burning of clean fuel (natural gas) with good combustion practices. The Department concurs with Astoria Energy’s conclusion after its review of the EPA BACT/LAER Clearinghouse that the BACT determination remains current for this gas-burning power plant. 2) Additional PSD Requirements: As provided in EPA guidance, no revised increment analysis or air quality impact modeling is necessary in order to grant the extension since Astoria Energy has not changed the project and the project impacts remain insignificant.

Public Comments

DEC invites public comment regarding this tentative determination. DEC’s final determination will be made only after full consideration of all public comment. Statements are to be limited to the specific issue of the PSD permit extension and must be in writing, and must be accompanied with adequate supporting information. The final determination may be appealed administratively within 30 days of SCS Astoria Energy’s receipt of the final DEC 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.

Department Contact

Comments or requests for file documents or other information should be sent to:

John J. Ferguson, Project Manager
Division of Environmental Permits
New York State Department of Environmental Conservation
625 Broadway, Albany, NY 12233-1750
518/402-9167


PUBLIC NOTICE

The New York State Trails Council Meeting has been rescheduled for June 28th at Peebles Island State Park.

New York Trails Council Meeting
11:00 am - 3:00 pm
Conference Room
Peebles Island State Park
Delaware Avenue off Ontario St.
Cohoes, NY

Contact:
Robert W. Reinhardt
Director of Planning
State Trails Coordinator
518-474-0415


DRINKING WATER STATE REVOLVING FUND
New York State Department of Health
Bureau of Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216
and
New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

Draft Amendment # 4 to the Drinking Water State Revolving Fund Intended Use Plan issued September 26, 2002.
MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS
New York State Drinking Water State Revolving Fund Intended Use Plan

The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC)propose to amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 26, 2002, to adjust the estimated project cost for one DWSRF project listed on the Project Readiness List. A project description and explanation of the reason for the cost increase are included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
Niagara Falls Public Water Authority Niagara Acquisition of the City of Niagara Falls Water System 17101 $41,727,063 $53,000,000 The cost increase is the result of the inclusion of required credit insurance, debt service reserve fund, and refined project costs.

The Department has determined that the project cost increase is necessary, reasonable and consistent with the original project concept. In addition, the scope of the project has not changed, nor have we altered the project priority rankings in any way. This project cost increase will not adversely affect any other project on the IUP Project Readiness List above the funding line. A portion of the proposed IUP cost increase for the Niagara Falls Public Water Authority project is related to required borrower debt service reserve funds that do not receive subsidy from the DWSRF. Except for the above-noted change, there is no other change to projects listed on the Project Readiness List or to the project priority rankings.

Written statements or comments on the above DWSRF project cost increase will be accepted by fax or mail until close of business on June 19, 2003 and should be filed with:

Mr. Michael E. Burke, P.E.
Director
Bureau of Water Supply Protection
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Fax Number: (518) 402-7659

The revised Project Readiness List may be obtained by calling DOH's toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.


DRINKING WATER STATE REVOLVING FUND
New York State Department of Health
Bureau of Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216
and
New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

Final Amendment # 3 to the Drinking Water State Revolving Fund Intended Use Plan issued September 26, 2002.
MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS
New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #3 to the Drinking Water State Revolving Fund Intended Use Plan issued September 26, 2002 was published in the May 7, 2003 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #3 closed on May 22, 2003. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC)amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 26, 2002, to adjust the estimated project costs for six DWSRF projects listed in the Project Readiness List. A project description and explanation of the reason for the cost increases are included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
Village of Sherburne Chenango New groundwater source, new transmission, upgrade storage, upgrade distribution 15237 $2,000,000 $4,000,000 Amendment is required to allow the DWSRF program to pre-finance the Rural Development grant/loan portion of the project. After the project is completed and the Rural Development Loan/Grant is issued, the proceeds will used to pay down the DWSRF portion that was pre-financed.
Town of Greenville Greene Phase 2 #16688 (upgrade GW source, upgrade and extend distribution system, new system consolidation) 17157 $101,700 $125,000 The cost increase is the result of the engineer updating the original project estimate as plans and specifications were prepared.
Erie County Water Authority Erie Harris Hill pump station and transmission main, new transmission, new pump station 17080 $5,109,860 $5,623,890 The cost increase is the result of the engineer updating the original project estimate as plans and specifications were prepared.
City of Olean Cattaraugus Construct pre-stressed concrete tanks to replace uncovered finished water storage facilities, new storage 15212 $3,503,339 $4,700,000 The cost increase is the result of the engineer updating the original project estimate from 1997 as plans and specifications were prepared.
Town of Evans Erie Remediate inadequate pressures, new storage, upgrade distribution system 16890 $847,500 $863,000 The cost increase is the result of the engineer updating the original project estimate as plans and specifications were prepared.
Village of Stamford Delaware Phase 2 #15027 (new water treatment plant) 16797 $36,715 $46,735 The cost increase is the result of the engineer updating the original project estimate as plans and specifications were prepared.

The Department has determined that the project cost increases are necessary, reasonable and consistent with the original project concept. In addition, the scope of the projects has not changed, nor have we altered the project priority rankings in any way. These project cost increases will not adversely affect any other project on the IUP Project Readiness List above the funding line. A portion of the proposed IUP cost increase for the Erie County Water Authority project is related to required borrower debt service reserve funds that do not receive subsidy from the DWSRF. Except for the above-noted changes, there are no other change to projects listed on the Project Readiness List or to the project priority rankings.

The revised Project Readiness List may be obtained by calling DOH's toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.


FINAL LIST
WATER QUALITY IMPROVEMENT PROJECTS UNDER THE
CLEAN WATER/CLEAN AIR BOND ACT OF 1996

The New York State Department of Environmental Conservation ("NYSDEC"), as authorized by Title 3, Section 56-0303 of the Environmental Conservation Law, known as the 1996 Clean Water/Clean Air Bond Act, has compiled a final project list for the Peconic and South Shore Estuaries using the project eligibility and ranking guidelines. This list was subject to a forty-five-day review and comment period by the appropriate management conference, advisory committee or advisory council prior to finalizing such list of projects. There were no recommended changes to the list of projects originally proposed.

The NYSDEC, in cooperation with the New York State Departments of State and Agriculture and Markets, selected the Water Quality Improvement Projects listed in the charts below to be funded with 2001-02 State capital appropriations under Title 3, Section 56-0303 of the Clean Water/Clean Air Bond Act of 1996.

The following types of Water Quality Improvement Projects were considered for funding: (1) wastewater treatment improvement projects; (2) agricultural and nonagricultural nonpoint source abatement and control projects; (3) aquatic habitat restoration projects.

Projects eligible to be funded are Water Quality Improvement Projects to implement management plans for the Peconic and South Shore Estuaries.

The NYSDEC reviewed more than 700 Water Quality Improvement Project applications submitted statewide by municipalities, Soil and Water Conservation Districts, and State agencies. The proposed list of projects to be funded have all of the characteristics listed below. The projects:

During the comment period DEC shared the proposed list of projects for each Management Plan area with the appropriate committee coordinating the implementation for that Management Plan area. There were no recommended changes to the lists of projects originally proposed.

Management Plan: Peconic Estuary

The Peconic Estuary Management Plan identifies four high priorities: improvements to the Riverhead Wastewater Treatment Plant, storm water abatement, aquatic habitat restoration and mitigation brown tide projects.

2001 WQI COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
5073 Suffolk Purchase of Combination Vacuum-Jetter Machine to Enhance Stormwater Abatement Town of Southampton $125,000 $62,500
5080P Suffolk Stormwater Abatement Activities Town of Southampton $14,000 $7,000
5167 Suffolk Stormwater Remediation to Peconic River at Peconic Avenue Suffolk County $190,000 $95,000
5169 Suffolk Stormwater Remediation to Peconic River at Center Drive Suffolk County $240,000 $120,000

Management Plan: South Shore Estuary

The South Shore Estuary Plan identifies three high priorities: Nonpoint source pollution (particularly stormwater runoff) abatement and control, habitat restoration and protection and wastewater treatment improvement wherever wastewater treatment systems are causing documented water quality problems in the South Shore Estuary.

2001 WQI COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
5080S Suffolk Stormwater Abatement Activities Suffolk County $664,794 $332,397
5315 Suffolk Fletchman Farm Runoff Management Suffolk County Soil & Water Conservation District $78,052 $59,000
5173 Suffolk Beaverdam Creek Tidal Wetlands Restoration Project Phase I Town of Brookhaven $80,000 $40,000
5174 Suffolk Beaverdam Creek Tidal Wetlands Restoration Project Phase II Town of Brookhaven $360,000 $180,000
5075 Nassau Continuous Deflective Separation (CDS) Installation at Woodmere Country Club Nassau County $150,000 $75,000
5079 Suffolk Johnson Avenue Drainage Improvements - Stormwater Mitigation Village of Islandia $151,000 $75,500
5164 Suffolk Orchard Neck Creek, Center Moriches Stormwater Mitigation Town of Brookhaven $132,000 $66,000
5266 Suffolk Installation of Leaching Basins Village of Lindenhurst $210,000 $105,000
5177 Suffolk Great South Bay - Restoration of Hard Clam Breeding Habitat Town of Brookhaven $50,000 $25,000
4298 Suffolk Connetquot Creek Stormwater Project - Phase II Town of Islip $1,375,000 $687,500
5311 Suffolk Beaverdam Creek Farm Agricultural Nonpoint Source Project Suffolk County Soil & Water Conservation District $30,222 $23,822

Notice for the Tenth Annual NYS Governor's Award for Pollution Prevention

Applications are now available for the New York State Tenth Annual Governor's Award for Pollution Prevention. The awards program was established to recognize pollution prevention efforts by NYS organizations.

Applicants can compete in one of the following three categories:

1) facilities generating waste and pollution: this category is for industrial, commercial or institutional facilities; federal, state and local governments; and educational institutions that generate waste and pollution; small (100 or fewer employees), mid-size (more than 100 and fewer than 500 employees), large (more than 500 employees)

2) technical assistance providers: this category is for environmental, community and civic organizations; trade associations or other business/industry groups; federal, state and local governments, and educational institutions; and other public or private entities; and

3) organizations committed to continuous improvement: this category is for organizations that demonstrate a longer term commitment to pollution prevention and continue to develop and implement pollution prevention programs and achieve results.

Nominations for awards will be made to Governor Pataki by the Department of Environmental Conservation based on recommendations from a selection committee.

Criteria to be considered for the applicants include: waste volume/toxicity reduction, overall environmental benefits, environmental justice, overall economic benefits, improvement in worker safety, innovations in technology, process or education program, level of management commitment, and transferability.

IMPORTANT NOTICE: Presentation of the awards are scheduled to be presented at the NYS Recycling and Pollution Prevention Conference to be held in October, 2003 in Albany. The winners will be notified a week prior to the presentation of the awards. The deadline to apply for the awards is June 30, 2003. The application package is available through the DEC’s website: www.dec.state.ny.us/website/ppu/p2gov.html

Anyone interested in obtaining more information regarding the application and criteria for the awards should contact Mr. Carlos Montes at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone (518) 402-9476, Fax (518) 402-9168, email clmontes@gw.dec.state.ny.us