ENB - REGION 2 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice To Extend Final Prevention Of Significant Deterioration Permit

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Applicant: Astoria Generating Company, L.P.
225 Greenfield Parkway
Suite 201
Liverpool, New York 13088

DEC Number: 2-6301-00185/00016

Project Description and Location: Astoria Generating Company, L.P., a subsidiary of Reliant 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 February 2001 to repower the existing Astoria Generating Station (AGS) . The repowering will include the installation of six new combustion turbines, retirement of four existing boilers and reuse of existing equipment and infrastructure including two steam turbine generators. The repowering will increase AGS’s electric generating capacity from 1,254 MW to 1,816 MW.

The AGS facility is located at 18-01 20th Avenue in Astoria, Queens and is located within a larger complex known as the Consolidated Edison (ConEd) site. The ConEd site is bounded on the north and west by the East River, the east by Luyster Creek (Steinway Creek) and 37th Street, and the south by 20th Avenue.

Prior Public Notices

The Department of Environmental Conservation ("DEC" or "the Department") published a Notice of Determination to Issue Prevention of Significant Deterioration Permit in the January 2, 2002 edition of the Environmental Notice Bulletin and in local newspapers. The notice stated that DEC had made a tentative determination that the proposed repowering of the existing Astoria Generating Station was subject to and satisfied federal requirements for PSD contained in 40 §52.21 and §124. The public comment period was open through February 15, 2002. Due to project changes the Department issued a Renotice of Determination to Issue a Prevention of Significant Deterioration on January 8, 2003. The Department accepted comments on the renoticed PSD permit until February 14, 2003. The Department responded to comments on the PSD permit in May 2003. The Department published a Notice of Final Decision on the PSD permit in the May 7, 2003 Environmental Notice Bulletin. The final permit became effective June 9, 2003.

The Department determined that the project will control emissions of PSD-affected air pollutants with the Best Available Control Technology (BACT) for particulate matter (PM & PM10), and H2SO4, the only PSD-affected air pollutants. The DEC staff verified that emissions of PM/PM10 will not cause or significantly contribute to an exceedance of the national primary ambient air quality standards, and consume less than the allowable PSD air quality increments. The projected maximum concentrations of PM10, as well as other 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 Astoria Generating Company, L.P. 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 December 9, 2004. However, Astoria Generating submitted a request on July 1, 2004 for an extension of the PSD permit. In July and again in October 2004, Astoria Generating provided information on its ongoing efforts to obtain a Power Purchase Agreement that will support financing of the project. In addition, Astoria Generating provided a showing that the previous BACT determinations and the showing of minimal facility impacts have not changed since the final permit was issued.

To assure that the PSD permit will remain in force, DEC staff have made a tentative decision to grant the PSD permit extension. Based on the existence of the ongoing efforts to obtain a power contract for the construction of the facility and Astoria Generating’s showing of no change to the project’s BACT or impacts, 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 information submitted by Astoria Generating Company, L.P. 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 determinations for the subject facility’s particulate/PM10 and H2SO4 emissions were determined to be the burning of clean fuel (natural gas) with good combustion practices and low sulfur oil (0.04 percent) for the backup oil. The Department concurs with Astoria Generating’s conclusion after its review of the EPA BACT/LAER Clearinghouse that the BACT determinations remain 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 Generating 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 December 10, 2004.

Department Contact

Comments or requests for file documents or other information should be sent to:
Christopher Hogan, Project Manager
Division of Environmental Permits
New York State Department of Environmental Conservation
625 Broadway, Albany, NY 12233-1750
Phone: (518) 402-9151


Negative Declaration

New York City (Brooklyn) County - The NYC Department of Environmental Protection, as lead agency, has determined that the proposed Coney Island Water Pollution Control Plant - Upgrade of Main Electrical Substation will not have a significant adverse environmental impact. Public comment period ends December 1, 2004. A Negative Declaration was issued on November 6, 1996 to amend the Coney Island Water Pollution Control Plants’ (WPCP) existing State Pollutant Discharge Elimination System (SPDES) permit. The intent was to re-rate the SPDES flow limit from an annual average dry weather flow of 100 million gallons per day (mgd) to 110 mgd. To re-rate the plant, various minor modifications and upgrades of the plant were required. These modifications and upgrades were reviewed for potential significant adverse environmental impacts and the environmental review determined that the proposed project would result in no potential significant adverse impacts on water quality resulting from the proposed increase in the permitted SPDES flow limit and that the project’s upgrades, repairs and odor control system would not result in potential significant adverse environmental impacts.

However, the implementation of these upgrades would result in the WPCP exceeding the 5000 kVA limit for electrical service established by Con Edison. Con Edison reviewed the existing four 26.4 kVA feeders and determined that they had a limited remaining capacity and could not be reconstructed to accommodate the electrical load projected after completion of the plant upgrades. Therefore, an upgrade of the power service would be required to operate the existing and upgraded plant systems. The installation of a fifth Con Edison 26.4 kVA service feeder would be essential to provide adequate electrical power to enable the upgraded plant to accommodate the current, increased load demand of between 7500 kVA and 10,000 kVA.

The proposed project would involve the construction of a new one-story 5,160 square foot indoor electrical substation to house the current outdoor switchgear and a new outdoor transformer yard for the existing four service feeders and the new switchgear and transformer required for the fifth feeder. The proposed project and construction staging area would be located within the existing footprint of the WPCP. The proposed substation would partially overlap the footprint of the existing substation and a portion would extend southward into an existing parking lot. At project completion, the parking lot temporarily displaced during construction would be repaved and parking spaces restored.

Also included in the proposed project is the installation of a comprehensive lightning protection system to provide protection for all plant buildings from both direct lightning strikes and secondary flashovers. The design would incorporate the use of lightning aerials connected to copper conductors generally installed on high points of buildings and tanks and provide down comer copper conductors which terminate at grounded steel building columns and/or new ground electrodes.

The project is located at 2591 Knapp Street, Brooklyn, NY.

Contact: Lisa Fuerst, Project Manager, 59-17 Junction Blvd, Flushing, NY 11373, phone: (718) 595-4407, fax: (718) 595-4479.


New York City County - The NYC Board of Standards & Appeals, as lead agency, has determined that the proposed New York Health & Racquet Club - BSA Cal. No. 238-04-BZ - BSA Cal. No. 238-04-BZ - CEQR No. 04-BSA-220M will not have a significant adverse environmental impact. The action involves an application for BSA Special Permit pursuant to section §73-36 of the Zoning Resolution to permit in an M1-5B zoning district located within NYCLPC designated NoHo Historic District , the placement of a physical cultural establishment in a portion of an existing 12 story mixed use building , at 62 Cooper Square, which requires a Special Permit from the Board of Standards & Appeals . The Board of Standards and Appeals submitted a copy of the application, EAS and drawings to the Landmarks Preservation Commission (LPC) for its evaluation and comment. On September 13, 2004 , the LPC issued its disposition. The project site is within the NoHo Historic District, LPC designated and S/NR listed. Application to the LPC preservation department for a permit is required for any type of exterior or interior work. The project is located at 62 Cooper Square, Manhattan.

Contact: Rory Levy, Board of Standards & Appeals, 40 Rector Street, 9th Floor, New York, NY 10006-1705, phone: (212) 788-8749, fax: (212) 788-8769, E-mail:rlevy@dcas.nyc.gov.


New York City (Queens) County - The City Planning Commission, as lead agency, has determined that the proposed Bayside Rezoning - CEQR No. 05DCP030Y-ULURP Nos. N050148ZRY and 050149ZMQ will not have a significant adverse environmental impact. The action involves The New York City Department of City Planning (DCP) proposing Zoning Map amendments for all or portions of 346 blocks in the northeastern Queens neighborhood of Bayside, Community District 11. The rezoning area is generally bounded by 26th and 24th Avenues to the north, the Cross Island Expressway to the east, Francis Lewis Boulevard and the Clearview Expressway and 207th Street to the west, and 48th Avenue and the Long Island Expressway to the south. In addition, DCP is proposing a text amendment to the Zoning Resolution (ZR). The goal of DCP’s proposed actions is to preserve the area’s low density character and ensure that new development is of an appropriate scale and density in keeping with the surrounding neighborhood.

The amendments to the Zoning Map are as follows:

The purpose of the rezoning is to maintain the current character of the neighborhood, which is primarily comprised of detached- and semi-detached homes. Due to increasing pressures in Bayside to redevelop underutilized lots in the rezoning area, there is an incentive to demolish existing housing stock to make way for out-of-scale attached or multifamily structures. The proposed action will limit new developments to single and two-family semi-detached and detached housing which most accurately reflects the neighborhood’s existing pattern of development. Existing semi-detached, attached, and multifamily buildings would become legally non-conforming uses in the rezoning area. The proposed zoning would not significantly alter land use nor would it affect the amount of future development.

In addition to the aforementioned zoning map amendments, DCP is proposing a zoning text amendment to ZR Section 11-12 establishing the R2A Zoning Designation, to be mapped in Queens, Community District 11. The proposed amendment to ZR Section 11-12 would create a new Zoning District, R2A, that would achieve the goal of preserving the established residential character and prevent future, out-of-scale development, while maintaining much of the existing R2 framework governing use, density, building type, and lot configuration.

Contact: Robert Dobruskin, City Planning Commission, 22 Reade Street, New York, NY 10007, phone: (212) 720-3423.


New York City (Queens) County - The City Planning Commission, as lead agency, has determined that the proposed Kew Gardens - Richmond Hill Rezoning will not have a significant adverse environmental impact. Should you have any questions pertaining to this Negative Declaration, you may contact Katherine Bucke at (212) 720-3493. The action involves the applicant, the New York City Department of City Planning, proposing amendments to the zoning map for 139 blocks in the Kew Gardens and Richmond Hills section of Queens Community District 9. The proposed zoning map amendments are as follows:

The Kew Gardens - Richmond Hill rezoning proposal would reinforce established neighborhood character and prevent out-of-character development by assigning new zoning designations that correlate with existing patterns of residential development. The proposed rezoning also addresses the need for new housing opportunities by mapping higher density residential districts along the Jamaica Avenue corridor and on the wide streets near the subway station in the southeast corner of the study area. The proposed contextual R6A district along Jamaica Avenue would unify the character of development on the commercial corridor.

Sites expected to be developed as a result of the proposed action include six projected development sites. There are twenty-one potential development sites that are considered less likely to be developed. Under existing zoning approximately 73,100 square feet of commercial floor area and no dwelling units would be developed by 2014. Under the proposed action, it is projected that when compared to the development that could occur in the future without the proposed action, an increase of approximately 148 dwelling units and a reduction of approximately 3,260 square feet of commercial floor area would be developed by 2014.

To avoid the potential for impacts related to air quality, the proposed rezoning includes (E) designations for air quality on two potential development sites. Accordingly, (E) designations will be mapped on the following parcels:

Block 9249, Lot 50
Block 9282, Lot 2

The text of the (E) designation for air quality for the above properties is as follows:

Any new residential and/or commercial development on the above-referenced properties must use natural gas as the type of fuel for space heating and hot water (HVAC) systems.

To avoid the potential for impacts related to noise, the proposed rezoning includes (E) designations for noise on the following potential development site. Accordingly, (E) designations will be mapped on the following parcel:

Block 9281, Lot 44

The text of the (E) designation for noise for the above properties is as follows:

In order to ensure an acceptable interior noise environment, future residential/commercial uses must provide a closed window condition with a minimum of 45 dB(A) window/wall attenuation in order to maintain an interior noise level of 45 dB(A). In order to maintain a closed-window condition, an alternate means of ventilation must also be provided. Alternate means of ventilation includes, but is not limited to, central air conditioning or air conditioning sleeves containing air conditioners or HUD-approved fans.

To avoid the potential for impacts related to noise, the proposed rezoning includes (E) designations for noise on one projected and five potential development sites. Accordingly, (E) designations will be mapped on the following parcels:

Accordingly, (E) designations will be mapped on the following parcels:
Block 9249, Lot 65
Block 9281, Lots 9, 11, 16, 21, and 118
Block 9283, Lots 25, 26, 27, and 28
Block 9331, Lot 1 and 8
Block 9333, Lot 73

The text of the (E) designation for noise for the above properties is as follows:

In order to ensure an acceptable interior noise environment, future residential/commercial uses must provide a closed window condition with a minimum of 35 dB(A) window/wall attenuation in order to maintain an interior noise level of 45 dB(A). In order to maintain a closed-window condition, an alternate means of ventilation must also be provided. Alternate means of ventilation includes, but is not limited to, central air conditioning or air conditioning sleeves containing air conditioners or HUD-approved fans.

To avoid the potential for impacts related to noise, the proposed rezoning includes (E) designations for noise on three potential development sites. Accordingly, (E) designations will be mapped on the following parcels:

Block 9332, Lots 30, 58 and 59
Block 9355, Lots 47 and 49

The text of the (E) designation for noise for the above properties is as follows:

In order to ensure an acceptable interior noise environment, future residential/commercial uses must provide a closed window condition with a minimum of 30 dB(A) window/wall attenuation in order to maintain an interior noise level of 45 dB(A). In order to maintain a closed-window condition, an alternate means of ventilation must also be provided. Alternate means of ventilation includes, but is not limited to, central air conditioning or air conditioning sleeves containing air conditioners or HUD-approved fans.

To avoid the potential for impacts related to hazardous materials, the proposed rezoning includes (E) designations for hazardous materials on two of the projected development sites and five of the potential development sites. Accordingly, (E) designations will be mapped on the following parcels:

Block 9249, Lot 50
Block 9250, Lots 45, 49, and 54
Block 9252, Lot 28
Block 9275, Lots 58 and 65
Block 9281, Lots 9, 11, 16, 21, 44 and 118
Block 9282, Lot 2
Block 9283, Lots 25, 26, 27, and 28
Block 9284, Lot 50
Block 9285, Lot 40
Block 9299, Lot 76
Block 9301, Lot 5
Block 9302, Lot 6
Block 9303, Lot 6
Block 9331, Lots 1 and 8
Block 9333, Lot 73
Block 9621, Lot 28
Block 9622, Lot 26 and 32

The potential for contamination sites receiving (E) designation for hazardous materials can be classified as petroleum based, non-petroleum based, or both. The NYCDEP has developed protocols for both petroleum and non-petroleum based (E) designated sites that are required to be followed in order to address possible contamination. The placement of the (E) designation on the zoning map would eliminate the potential for significant adverse impacts from hazardous materials and would ensure that appropriate testing and remediation, if needed, would be undertaken. The text of the (E) designation is as follows:

Due to the possible presence of hazardous materials on the aforementioned designated site there is potential for contamination of the soil and groundwater. To determine if contamination exists and preform and appropriate remediation, the following tasks must be undertaken by the fee owners(s) of the lot restricted by this (E) designation prior to any demolition or disturbance of soil on the lot.

Task 1

The fee owner(s) of the lot restricted by this (E) designation will be required to prepare a scope of work for any soil, gas, or groundwater sampling and testing needed to determine if contamination exists, the extent of the contamination, and to what extent remediation may be required. The scope of work will include all relevant supporting documentation, including site plans and sampling locations. This scope of work will be submitted to DEP for review and approval prior to implementation. It will be reviewed to ensure that an adequate number of samples will be collected and that appropriate parameters are selected for laboratory analysis.

No sampling program may begin until written approval of a work plan and sampling protocol is received from DEP. The number and location of sample sites should be selected to adequately characterize the type and extent of the contamination, and the condition of the remainder of the site. The characterization should be complete enough to determine what remediation strategy (if any) is necessary after review of the sampling data. Guidelines and criteria for choosing sampling sites and performing sampling will be provided by DEP upon request.

Task 2

A written report with findings and a summary of the data must be presented to DEP after completion of the testing phase and laboratory analysis for review and approval. After receiving such test results, a determination will be provided by DEP if the results indicate that remediation is necessary.

If DEP determines that no remediation is necessary, written notice shall be given by DEP.

If remediation is necessary according to test results, a proposed remediation plan must be submitted to DEP for review and approval. The fee owner(s) of the lot restricted by this (E) designation must perform such remediation as determined necessary by DEP. After completing the remediation, the fee owner(s) of the lot restricted by this (E) designation should provide proof that the work has been satisfactorily completed.

A DEP-approved construction-related health and safety plan would be implemented during excavation and construction activities to protect workers and the community from potentially significant adverse impacts associated with contaminated soil and/or groundwater. This Plan would be submitted to DEP for review and approval prior to implementation.

Contact: Robert Dobruskin, City Planning Commission, 22 Reade Street, New York, NY 10007, phone: (212) 720-3423.


Notice Of Acceptance Of Final Generic EIS

New York City County - The New York City Planning Commission (CPC) and the Metropolitan Transportation Authority (MTA), as lead agencies have accepted a Final Generic Environmental Impact Statement on the proposed No. 7 Subway Extension - Hudson Yards Rezoning & Development Program, CEQR No. 03DCP031M - ULURP Nos., C 040499 ZMM, C 040499(A) ZMM - N 040500 ZRM, and N 040500(A) ZRM. The New York City Department of City Planning (DCP) and the MTA propose to promote the transit-oriented redevelopment of the Hudson Yards area (generally encompassing the area bounded by West 43rd Street on the north, Hudson River Park on the west, West 28th and West 30th Streets on the south, and Seventh and Eighth Avenues on the east) through: (1) zoning and related land use actions, under the New York City Uniform Land Use Review Procedure (ULURP), by the City Planning Commission that would allow approximately 28 million square feet of commercial development, 12,600 residential units, a new Midblock Park and Boulevard System between Tenth and Eleventh Avenues and other significant open spaces (a description of ULURP Applications are available on the DCP website at www.nyc.gov.html/hyards/proposal.html.); and (2) the extension by the MTA of the No. 7 Subway Line from Times Square to a new terminus at Eleventh Avenue and West 34th Street. The Proposed Action also includes: (3) the expansion by the Convention Center Development Corporation (CCDC) of the Jacob K. Javits Convention Center north to 42nd Street, including construction of a new Convention Center Hotel; and (4) development by the New York State Urban Development Corporation d/b/a Empire State Development Corporation (ESDC) and/or CCDC of a new Multi-Use Facility for sports, entertainment, and exposition uses on a platform to be constructed over the John D. Caemmerer West Side Yard between Eleventh and Twelfth Avenues from West 30th to West 33rd Streets.

The FGEIS identifies the potential for significant adverse impacts to: community facilities and services; shadows; architectural resources; archaeological resources; traffic; transit and pedestrians; noise; and construction period traffic, noise, and air quality. Many impacts would be mitigated, in whole or in part; others would remain unmitigated. During construction (expected to peak in 2006), there would be unmitigated noise and historic resource impacts. After construction is complete, the Proposed Action would have some unmitigated traffic, transit, pedestrian, archaeological and historic resource impacts. The FGEIS also examines a range of zoning, transportation, planning, and individual facility alternatives.

A public hearing on the DGEIS was held on September 23, 2004, after which written comments on the DGEIS were received by the Co-lead agencies through October 4, 2004. Copies of such comments, together with the transcript of the September 23 public hearing, are included in the FGEIS. The FGEIS summarizes and responds to all such written and oral comments in a new Chapter 29 “Responses to Comments”. Where appropriate, the FGEIS also includes refined and expanded analysis in response to such comments, incorporates updated information concerning the Hudson Yards and adjacent areas, and, as promised in the DGEIS, identifies additional measures to further mitigate environmental impacts from the Proposed Action. The FGEIS also includes three new alternatives to the Proposed Action (in addition to the alternatives discussed in the DGEIS), including a new “Alternative S” developed by the Department of City Planning in response to public comments during the environmental and land use reviews of the Proposed Action.

Availability of FGEIS: The FGEIS is available at the DCP website at www.nyc.gov/html/dcp/html/hyards/hymain.html or may be accessed via link from the MTA website www.mta.info (click on Capital Construction and then No. 7 Subway Extension). The FGEIS is also available at the following locations for review:

MTA Headquarters
347 Madison Avenue
9th Floor Law Library
New York, NY 10017
(Call 212-878-7192 for an appointment)
City of New York City Planning Commission
22 Reade Street, 4E
New York, NY 10007
New York City Office of Environmental Coordination
100 Gold Street , 2d Floor
New York, NY 10038
New York Public Library Muhlenberg Branch
209 West 23rd Street
New York, NY 10011