ENB - STATEWIDE NOTICES

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Public Notice

Commissioner of Environmental Conservation Erin M. Crotty and Attorney General Eliot Spitzer are seeking public comment on consent decrees settling claims of the State of New York and Commissioner Crotty (the "State") regarding violations of federal and state new source review requirements at the Huntley power plant in Tonawanda, Erie County, and the Dunkirk power plant in Dunkirk, Chautauqua County, New York. The State's claims being settled concern modifications of units 63 through 68 of the Huntley plant and Units 1 through 4 of the Dunkirk plant undertaken by Niagara Mohawk Power Co. ("NMPC") in the 1980s and 1990s. The plants are now owned and operated by NRG Energy, Inc. and its subsidiaries.

The proposed settlements are embodied in two separate proposed consent decrees arising from a single lawsuit. The proposed consent decree in State of New York and Erin M. Crotty v. Niagara Mohawk Power Corporation, NRG Energy, Inc., NRG Dunkirk Operations, Inc., Dunkirk Power, LLC, NRG Huntley Operations, Inc., Huntley Power, LLC, NRG Northeast Generating, LLC, Northeast Generation Holding, LLC, NRG Eastern, LLC, and NRG Operating Services, Inc., No. 02-CV-0024S (Judge Skretny), was filed with the United States District Court for the Western District of New York. In it NRG agrees to permanently discontinue use of Huntley plant units 63 through 66 and to take certain actions to reduce emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) to meet cumulative annual tonnage limitations for NOx and SO2 at both plants. In a separate proposed consent decree in the same lawsuit, NMPC is agreeing to pay a civil penalty of $3,000,000, to expend $3,000,000 on environmental mitigation projects, and to transfer approximately 2800 acres of land in the vicinity of the Salmon River and Salmon River Reservoir in Oswego County, New York to the State.

The details of the proposed settlements are contained in the proposed consent decrees, which are available on the Attorney General's site (www.oag.state.ny.us), or in the following locations:

New York State Department of Law
Statler Towers
107 Delaware Ave.
Buffalo, NY 14202
New York State Department of Environmental Conservation
270 Michigan Ave.
Buffalo, New York 14203-2999
Attn: Larry Sitzman
New York State Department of Environmental Conservation
625 Broadway
Albany, New York 12233-3254
Attn: Robert Sliwinski

The State will take public comment on the proposed settlements until February 22. Comments on the proposed settlements may be submitted to:

Michael J. Myers, Assistant Attorney General
Environmental Protection Bureau
New York State Department of Law
The Capitol
Albany, New York 12224-0341

or to:

Michelle A. Crew, Associate Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th floor
Albany, New York 12233-5500


Public Notice

Commissioner of Environmental Conservation Erin M. Crotty and Attorney General Eliot Spitzer are seeking public comment on a consent decree settling claims of the State of New York and Commissioner Crotty (the "State") regarding violations of federal and state new source review requirements at the Greenidge power plant in Dresden, Yates County, the Westover power plant in Johnson City, Broome County, the Hickling power plant in Corning, Steuben County, and the Jennison power plant in Bainbridge, Chenango County, New York. The State's claims being settled concern modifications of units 3 and 4 of the Greenidge plant and units 7 and 8 of the Westover plant undertaken by New York State Electric and Gas ("NYSEG") in the 1980s and 1990s. The plants are now owned and operated by subsidiaries of AES Corp.

The proposed settlements are embodied in a proposed consent decree in State of New York and Erin M. Crotty v. New York State Electric & Gas Corporation, AES 2, L.L.C., AES Greenidge, L.L.C., AES Westover, L.L.C., AES Hickling, L.L.C., and AES Jennison, L.L.C., which was filed with the United States District Court for the Western District of New York. In the proposed consent decree, AES agrees to take certain actions to reduce emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) at Greenidge plant units 3 and 4, Westover plant units 7 and 8, Hickling plant units 1 and 2, and Jennison plant units 1 and 2. AES further agrees to pay a civil penalty of $700,000 and to expend $1,000,000 on environmental mitigation projects.

The details of the proposed settlements are contained in the proposed consent decrees, which are available on the Attorney General's site (www.oag.state.ny.us), or in the following locations:

New York State Department of Law
Statler Towers
107 Delaware Ave.
Buffalo, NY 14202

New York State Department of Environmental Conservation
615 Erie Boulevard, West
Syracuse, NY 13204-2400
Attn: Reginald Parker

New York State Department of Environmental Conservation
6274 E. Avon-Lima Road
Avon, NY 14414-9519
Attn: Thomas Marriott

New York State Department of Environmental Conservation
625 Broadway
Albany, New York 12233-3254
Attn: Robert Sliwinski

The State will take public comment on the proposed settlements until February 22. Comments on the proposed settlements may be submitted to:

J. Jared Snyder, Assistant Attorney General
Environmental Protection Bureau
New York State Department of Law
The Capitol
Albany, New York 12224-0341

or to:

Michelle A. Crew, Associate Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th floor
Albany, New York 12233-5500


Revised Request Form, Guidelines to Restrict Dissemination of Confidential Information, and Agreement to Maintain Confidentiality

RESEARCHERS USING PESTICIDE REGISTRY OR PESTICIDE APPLICATION INFORMATION
REPORTERS OF PESTICIDE INFORMATION TO THE NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Public Health Law § 2411(1)(d) requires the Health Research Science Board (“Board”) to review requests by researchers engaged in human health related research projects for access to pesticide registry information maintained by the New York State Department of Environmental Conservation pursuant to Environmental Conservation Law (ECL) § 33-1203(1)(b) and pesticide application information maintained by private applicators of pesticides pursuant to ECL § 33-1205(2)(c). Pesticide registry and pesticide application information sought by researchers may include the names, addresses and other information that would identify commercial or private applicators of pesticides and/or persons who receive the services of a commercial applicator (“confidential pesticide registry and pesticide application information”). PHL § 2411(1)(d) provides that the Board “shall establish guidelines to restrict the dissemination by researchers of the name, address or other information that would otherwise identify a commercial applicator or private applicator or any person who receives the services of a commercial applicator.”

In accordance with this statutory mandate, in 1998, the Board developed three documents:

A form to be used by researchers seeking pesticide registry information from the Board or pesticide application information from pesticide applicators (“request form”), guidelines to restrict the dissemination of confidential pesticide registry and pesticide application information by researchers (“confidentiality guidelines”), and a confidentiality agreement between a researcher and the Board, which would require the researcher to maintain the confidentiality of any confidential pesticide registry or pesticide application information obtained by the researcher from the Board or a private applicator (“confidentiality agreement”).

The Board made revisions to the above-mentioned documents and made the draft documents available for public comment on June 2, 2004. The Board approved and finalized the draft revisions at its annual public meeting on December 7, 2004. These revised forms are now available to researchers who wish to gain access to the confidential pesticide registry and pesticide application information.

Copies of the revised request form, confidentiality guidelines, and confidentiality agreement may be obtained by calling the NYS Department of Health toll-free at 1-800-458-1158, extension 2-7820.