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ENB - Region 3 Notices 5/29/2019

Combined Notice of Complete Application and Determination to Hold a Public Hearing

Applicant:

CPV Valley LLC
3330 Route 6
Middletown, NY 10940

Applications:

Air Title V DEC ID: 3-3356-00136/00010
Title IV Acid Rain Permit DEC ID: 3-3356-00136/00003

Project Description:

CPV Valley Energy LLC (CPV) currently operates the CPV Valley Energy Center (the Facility), a nominal net 680-megawatt (MW) combined-cycle gas turbine electric generating facility, on a site located in Wawayanda, Orange County, New York. The Facility was previously approved (ASF Permit ID: 3-3356-00136/00001) by the New York State Department of Environmental Conservation (NYS DEC).

The initial ASF permit for the Facility was issued on August 1, 2013 and expired on July 31, 2018. NYS DEC denied the renewal of the ASF permit on August 1, 2018 and required the submission of a Title V air permit application. Pursuant to an Order of Albany County Supreme Court issued on August 15, 2018, CPV was allowed to continue operating the Facility under the terms of the ASF permit pending a final determination on the previously denied permit renewal. On August 31, 2018, CPV submitted applications for Title V and Title IV Acid Rain air permits to NYS DEC pursuant to 6 NYCRR Part 201.

The current air permit applications were re-submitted following two Notices of Incomplete Applications, issued by NYS DEC on October 25, 2018 and December 14, 2018, respectively. Pursuant to a subsequent Decision, Order and Judgment of Albany County Supreme Court issued on February 13, 2019, NYS DEC’s August 1, 2018 permit expiration determination was vacated, and CPV was allowed to continue operating pending final administrative resolution of its ASF renewal application or until a final determination on Title V and Title IV air permits. Considering the latest Supreme Court decision, NYS DEC will seek to suspend the current ASF revocation proceeding and process CPV’s Title V and Title IV air permit applications, which will allow the public a full and fair opportunity to review and comment on those applications and draft permits.

The Facility consists of two Siemens F-class combustion turbine generators (CTGs) operating in combined-cycle mode with supplemental firing of the heat recovery steam generators (HRSGs). The Facility includes a natural gas-fired auxiliary boiler and a ULSD-fired emergency fire pump engine. The auxiliary boiler and emergency fire pump engine have the same rating and emissions as those contained in the original ASF permit issued by NYS DEC. In addition to the air emitting equipment, the Facility has two steam turbine generators (STGs), an air cooled condenser (ACC) and associated auxiliary equipment and systems. Each combined cycle generating unit consisting of the CTG, HRSG and STG is exhausted through its own stack.

Air emissions from the Facility primarily consist of products of combustion from the CTGs, HRSG duct burners, and ancillary combustion sources. Orange County is designated as being in attainment with respect to the National Ambient Air Quality Standards for all criteria pollutants with the exception of ozone. Based upon the potential to emit estimates, the Facility is subject to Prevention of Significant Deterioration requirements for emissions of carbon monoxide (CO); nitrogen oxides (NOx); particulate matter (PM) with a diameter equal to or less than 10 microns; greenhouse gases; and sulfuric acid mist. In accordance with the NYS DEC’s Nonattainment New Source Review (NNSR) permitting program, the Facility is also subject to NNSR for emissions of NOx and volatile organic compounds (VOC). The Facility has capped emissions of PM with a diameter equal to or less than 2.5 microns to less than the NNSR applicability threshold.

The Facility is equipped with state-of-the-art emissions control technology, including dry low NOx burners and selective catalytic reduction technology to control emissions of NOx, and an oxidation catalyst to control CO and VOC emissions. A continuous emissions monitoring system is utilized to ensure and document facility compliance with applicable emissions standards. Water use is minimized by the use of ACC.

To authorize the continued operation of the Facility the conditions in the draft Title V and Title IV air permits must assure conformance of the Facility with all applicable State and federal air pollution control regulations, including the requirements of 6 NYCRR Parts 201, 225, 227, 231, 242, 243, 244, 245 and 257, as well as all New Source Performance Standards (NSPS) at 40 Code of Federal Regulations (CFR) Part 60. Information regarding the demonstration of the Lowest Achievable Emission Rate or Best Available Control Technology or both is included within the draft air permits.

As per the requirements of 6 NYCRR Subpart 231-5, the Facility is subject to NNSR review for NOx and VOC. Based on the applicability of NNSR, the Facility has purchased 216 tons per year (tpy) of NOx Emission Reduction Credits (ERCs) and 75 tpy of VOC ERCs to comply with the rule. The sources of these ERCs are as follows, and these have not changed from NYS DEC’s prior ASF permit approval:

NOX
SONY Electronics, Inc. – 216 tpy

VOC
Airbill Industries, Inc. – 17 tpy
S. Walter Packaging Corp. (Uniflex Holdings, Inc.) [DEC ID # 1-2822-00367] – 58 tpy

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.3(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.

DEC has made a determination to hold a public hearing on the air permit applications and draft permits and will provide a notice of the time, date and location in the near future.A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

State Environmental Quality Review (SEQR) Determination:

NYS DEC completed its SEQRA review of the Facility in connection with the issuance of the ASF permit in 2013 (ASF Permit ID: 3-3356-00136/00001) noted above, and, as an involved agency, issued a SEQR Findings Statement on July 25, 2013. The Town of Wawayanda Planning Board served as the SEQR lead agency and accepted a Final Environmental Impact Statement (Final EIS) on February 12, 2012. Inasmuch as the Facility has not changed in any material way since 2013, the findings and determinations in the original Final EIS are still applicable. The Final EIS is available as indicated below.

State Historic Preservation Act (SHPA) Determination:

A cultural resource survey was completed for the Facility. Based on the information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) determined that the project will have "No Effect" on cultural resources.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Environmental Justice:

It has been determined that the proposed action is subject to CP-29.

Document Availability:

NYS DEC has prepared a draft Title V Air Facility permit and a draft Title IV Acid Rain permit for operation of the Facility. In accordance with 6 NYCRR Parts 621.7(b)(9) and 201-6.3(c), the Administrator of the United States Environmental Protection Agency (US EPA) has the authority to bar issuance of any Title V Facility Permit if it is determined by USEPA not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR Part 201.

Persons wishing to inspect the subject Title V and Title IV files, including the applications with all relevant supporting materials, the draft permits, and all other materials available to DEC (the "permitting authority") that are relevant to these permitting decisions should contact the NYS DEC representative listed below. The Draft Title V permit and Permit Review Reports may be viewed and printed from the NYS DEC’s web site at http://www.dec.ny.gov/dardata/boss/afs/draft_atv.html. The draft Title IV Acid Rain permit can be made available upon request.

Principal documents related to the SEQR review for the Facility are available on the CPV Valley website at: http://www.cpv.com/our-projects/cpv-valley/approval-process/.

Written Comments:

All written comments on the draft Title V Air permit and Title IV Acid Rain permit must be submitted to NYS DEC contact listed below by July 12, 2019. Comments sent by regular mail must be postmarked no later than July 12, 2019. Email and Fax comments must be received by 5 p.m. (EDT) on July 12, 2019.

All public comments on these permits will be reviewed by NYS DEC Staff to determine whether they raise substantive and significant issues which warrant further review through administrative adjudication. Specific comments must be supported by full documentation and references should be limited to readily available information.

Legislative Public Hearing:

NYS DEC intends to hold a legislative public hearing on the air permit applications and draft permits, and will provide notice of the time, date and location in the near future. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: https://www.dec.ny.gov/permits/6234.html

Contact:

Christopher M. Hogan
NYS DEC - Division of Environmental Permits
625 Broadway, 4th Floor
Albany, NY 12233-1750
Phone: (518) 402-9167
Fax: (518) 402-9168
E-mail: deppermitting@dec.ny.gov.


Negative Declaration

Dutchess County - The Town of Hyde Park Planning Board, as lead agency, has determined that the proposed Athanas East Solar Farm will not have a significant adverse environmental impact. The action involves a proposal by the applicant to develop a 2.6 MW ground mounted solar photovoltaic array system on an 84 acre property. The project is located 1436 Route 9G in the Town of Hyde Park, New York.

Contact: Cynthia Witman, Town of Hyde Park, 4383 Albany Post Road, Hyde Park, NY 12538, Phone: (845) 229-5111, E-mail: cwitman@hydeparkny.us.


Dutchess County - The Town of Hyde Park Planning Board, as lead agency, has determined that the proposed Cream Street Solar Farm will not have a significant adverse environmental impact. The action involves a proposal by the applicant to develop a 4.9 MW ground mounted solar photovoltaic array system on 62.2 acres on two properties. The project is located at 129 and 133 Cream Street in Poughkeepsie, Town of Hyde Park, New York.

Contact: Cynthia Witman, Town of Hyde Park, 4383 Albany Post Road, Hyde Park, NY 12538, Phone: (845) 229-5111, E-mail: cwitman@hydeparkny.us.


Ulster County - The Town of Ulster Town Board, as lead agency, has determined that the proposed Central Hudson Gas and Electric (CHG&E) Hurley Avenue Substation System Deliverability Upgrade will not have a significant adverse environmental impact. The action involves a request by the applicant, CHG&E, for a Site Plan Amendment approval to expand an existing utility company structure (i.e., substation) located at 435 Hurley Avenue in the Town of Ulster, New York. The application proposes the reroute of the 301 Hurley - Leeds Transmission Line connection to an expansion of the existing substation to include replacement of one dead-end structure. The project involves a 2.53 acre expansion on south and west sides of existing substation in areas occupied by berm, with three (3) new A-frame structures approximately 65 foot tall with 20 foot tall lighting mast. The project also involves the 345 kV 303 Transmission Line Structure replacement and relocation due to the site grading needed to accommodate the expanded substation. Lastly, a construction and maintenance access road is proposed at the northeast corner of the site.

Contact: James E. Quigley, 3rd, Town of Ulster, One Town Hall Drive, Lake Katrine, NY 12449, Phone: (845) 382-2765, E-mail: supervisoroffice@townofulster.org.


Ulster County - The Town of Warwarsing Planning Board, as lead agency, has determined that the proposed Rustic Pines formerly known as (FKA) Evergreen Country Homes will not have a significant adverse environmental impact. The action involves an application that proposes the consolidation three (3) existing parcels and then division of the 148 acre site into 19 residential lots. The proposed residential lots range from as small as 2.75 acres to as large as 21.3 acres with the average residential lot size around 7.7 acres A new road would provide access to proposed Lots No. 5-12. Proposed access to Lots No. 1, 2, 3, 4, 13, 14, 15, 16 and 17 would be from Birchall Road. Proposed access to Lots No. 18 and 19 would be from Abromowitz Road. The project is located on Birchall Road and Abromowitz Road in the Town of Warwarsing, New York.

Contact: Barbara Paes, Town of Warwarsing, 108 Canal Street, P.O. Box 671, Ellenville, NY 12428, Phone: (845) 647-7800, E-mail: wawbuilding@gmail.com.


Notice of Acceptance of Draft EIS and Public Hearing

Putnam County - The Town of Philipstown Planning Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Hudson Highlands Reserve. A public hearing on the Draft EIS will be held on June 20, 2019 at 7:30 p.m. at the Old VFW Hall, 34 Kemble Avenue, Cold Spring, NY 10516. Written comments on the Draft EIS will be accepted until July 8, 2019. The Draft EIS is available from the Offices of the Philipstown Town Clerk and Building Department, 238 Main Street and 2 Cedar Street, Cold Spring, NY 10516 and on line at: https://philipstown.com/.

The action involves a proposal to develop approximately 210 acres as a conservation subdivision consisting of approximately 25 one acre residential lots, an equestrian center, and preserved open space. The action also includes a petition to change the zoning of a portion of the project site from "Industrial/Manufacturing" (M) to "Rural Residential" (RR). The project is located on the east side of Route 9 between Horton Road and East Mountain Road North in the Town of Philipstown, New York.

Contact: Anthony Merante, Town of Philipstown, 238 Main Street, Cold Spring, NY 10516, Phone: (845) 265-5202, E-mail: amerante@philipstown.com.


Westchester County - The Town of North Castle Town Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Eagle Ridge. A public hearing on the Draft EIS will be held on June 26, 2019 at 7:30 p.m. at the North Castle Town Hall, 15 Bedford Road, Armonk, NY 10504. Written comments on the Draft EIS will be accepted until August 19, 2019. The Draft EIS is available from the North Castle Town Clerk, Town Hall, 15 Bedford Road, Armonk, NY 10504 and on line at: https://bit.ly/2VICJnd.

The action involves an application for the development of a new mixed-use development that includes a 97 room hotel with 69 one, two and three bedroom apartments on a six acre parcel. In addition, a proposed adjacent 24 acre parcel is proposed to be developed with 94 townhouses. Currently, the site is entirely located in the Office Business Hotel (OBH) zoning district. The Applicant is proposing a zoning text amendment to permit multifamily housing in the OBH district. In addition, the Applicant is seeking a rezoning of a portion of the property from the OBH zone to the Residence Multifamily-A Residence District (R-MF-A). The project is located at 3 North Castle Drive in the Town of North Castle, New York.

Contact: Adam R. Kaufman, Town of North Castle, 17 Bedford Road, Armonk NY 10504, Phone: (914-273-3542, E-mail: akaufman@northcastleny.com.


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