ENB - REGION 2 NOTICES

Completed Applications
Consolidated SPDES Renewals

New York State Department of Environmental Conservation
Notice to Extend Final Prevention of Significant Deterioration Permit

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. A Notice to Extend Final Prevention of Significant Deterioration Permit published in the June 4, 2003 Environmental Notice Bulletin mistakenly omitted the date by which public comments were due. A copy of that Notice is located in June 6, 2003 issue.

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, must be accompanied with adequate supporting information, and must be received by the Department at the below address no later than July 11, 2003.

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

Revised Negative Declaration

New York City (Manhattan) - The New York City Department of Housing Preservation and Development, as lead agency, has determined that the proposed Olga Mendez Apartments will not have a significant adverse environmental impact. The action involves the construction of two residential buildings; one 6-story building located on E. 117th Street and Park Avenue and a 5-story building located on E. 116th Street, in East Harlem, Manhattan on city-owned land. The buildings will consist of up to a total of 74 dwelling units. The project is located at 1648-1654 Park Avenue and 93 East 116th Street, Manhattan.

Contact: Walter Roberts, The City of New York, Department of Housing Preservation and Development, Office of Planning and Intergovernmental Affairs, Division of Planning Support Services, 100 Gold Street, New York, New York 10038.


New York City (Manhattan County) - The New York City Department of Housing Preservation and Development, as lead agency, has determined that the proposed 442-444 Manhattan Avenue Project will not have a significant adverse environmental impact. The action involves the development of a residential building. The project will yield 125 residential units in an eight-story elevator building with 32 underground parking spaces. The project is located at 442-444 Manhattan Avenue, between West 118th and 119th Streets, Manhattan, Community District No. 10.

Contact: Walter Roberts, The City of New York, Department of Housing Preservation and Development, Office of Planning and Intergovernmental Affairs, Division of Planning Support Services, 100 Gold Street, New York, New York 10038.

Positive Declaration and Public Scoping Session

New York County - The NYC Economic Development Corporation, as lead agency, has determined that the proposed West-Chambers Street Residential Development may have a significant adverse environmental impact and a Draft EIS must be prepared. A public scoping session will be held on June 26, 2003 at 6:00 p.m. at the NYC Economic Development Corporation, Conference Room 4A/B, 110 William Street, 4th Floor, New York, New York The action involves the development of primarily a residential building of not more than 40 stories and approximately 452,300 zoning square feet (zsf) with up to 543 dwelling units and 14,000 zsf of ground-floor retail, below-ground parking for up to 114 vehicles, 18,000 square feet of community facilities and a public plaza of approximately 11,420 sf. The site is Lot 9 Block 142 in the borough of Manhattan on the west side of Greenwich Street between Chambers and Warren Streets. The street address is 170 West Street.

Contact: Hardy Adasko, Senior Vice President, NYC Economic Development Corporation, 110 William Street, New York, NY 10038, phone: (212) 312-3834, fax: (212) 312-3911.


New York County - The NYS Urban Development Corporation d/b/a/ Empire State Development Corporation (“ESDC”), as lead agency, has determined that the proposed 1 Bryant Park Project may have a significant adverse environmental impact and a Draft EIS must be prepared. A public scoping session will be held on Wednesday, June 18, 2003 at 5:00 p.m. at the New 42nd Street Studios, 3rd Floor, 229 West 42nd Street. The action involves the development of a major new office buildig in Midtown Manhattan's office district. The new building, 1 Bryant Park, would occupy approximately the eastern two thirds of the block between Sixth Avenue and Broadway from West 42nd and 43rd Streets and house the headquarters and trading floors for a major financial services institution, as well as other office and commercial tenants. The proposed building would be approximately 850 feet tall and contain a total of approximately 57 floors. The project is located is located in Manhattan.

Contact: Rachel Shatz, Director, Planning & Environmental Review, Empire State Development, Corporation, 633 Third Avenue, New York, NY 10017, phone: (212) 803-3252.

Notice of Acceptance of a Draft Generic Supplemental EIS and Public Hearing

New York City - The New York State Public Service Commission, as lead agency, has accepted a Draft Generic Supplemental EIS on the proposed Case 01-E-0377 - Joint Petition of Consolidated Edison Company of New York, Inc. And FSM East River Associates LLC for Authority Under Section 70 of The Public Service Law to Transfer Certain Real Property Located at 616 First Avenue, a Portion of 685 First Avenue, 700 First Avenue and 708 First Avenue and for Related Relief. Public statement hearings on the Supplemental DGEIS will be held on Thursday, June 19, 2003, at 1 PM and 7 PM, in the Geraldine Schottenstein Cultural Center, 237-239 East 34th Street (between 2nd-3rd Avenues), New York, NY. Pursuant to procedures established by the building management, anyone planning to attend the hearings must be prepared to show valid photo identification upon arrival. The action involves the proposed transaction between Consolidated Edison Company of New York, Inc. and FSM East River Associates LLC (FSM) for the sale of four properties located on First Avenue in Manhattan (the Properties). Should the Commission approve the transaction, FSM has stated its intention to build high rise office/residential buildings on the Properties. The Properties are located on the east side of the Borough of Manhattan in New York City at 616 First Avenue, 685 First Avenue, 700 First Avenue and 708 First Avenue.

Contact: Peter Seidman, Three Empire State Plaza, Albany, NY 12223-1350, phone: (518) 486-2888, fax: (518) 474-5026, e-mail: Peter_Seidman@dps.state.ny.us

Notice of Acceptance of Final EIS

New York City County - The City Planning Commission, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Hudson Square Rezoning. The action involves DCP is proposing an amendment to the zoning map to change an M1-5 district to a Special Mixed Use M1-5/R7X district for a 5½ block area and from M1-6 and M2-4 districts to a C6-2A district for a 3 block area in the Hudson Square section of Community District 2 in Manhattan. The two areas to be rezoned are non-contiguous and separated by a distance of approximately 5 blocks. DCP is also proposing a text amendment to Zoning Resolution Section 123-90 to create a new Special Mixed Use District, MX-6: Hudson Square.

The proposed action could result in a net increase of approximately 1,018 dwelling units and 92,532 sf of retail space on 12 projected development sites by the build year 2013. In addition, the proposed action could result in a net decrease of approximately 507,696 sf of commercial space (non-retail), 55,128 sf of industrial space, and 334 parking spaces on the projected development sites. Nine potential development sites have also been identified

Contact: Robert Dobruskin, Environmental Assessment and Review Division, New York City Department of City Planning, 22 Reade Street, Rm. 4E, New York, NY 10007, phone: (212) 720-3423, fax: (212) 720-3495.