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ENB - Region 3 Notices 6/12/2019

Announcement of Extension of Public Comment Period and Public Hearing


CPV Valley, LLC
8403 Colesville Road Ste 915
Middletown, NY 20910


CPV Valley Energy Center
3330 Route 6
Middleton, NY 10940

Application Number:

DEC # 3-3356-00136/00010 - Air Title V Permit
DEC # 3-3356-00136/00009 - Title IV Acid Rain Permit

Prior Notice:

On May 29, 2019 the New York State Department of Environmental Conservation (NYS DEC) issued a Notice of Complete Application: and a Combined Notice of Complete Application and Determination to Hold a Public Hearing:

Current Notice:

This Notice serves to provide the public notification of the extension of the public comment period from July 13, 2019 until July 29, 2019. The public is also provided notice that NYS DEC will hold a public comment hearing on July 17, 2019. Details of the hearing are provided below.

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.

An initial ASF permit (DEC #:3-3356-000136/00001) for the Facility was issued by NYS DEC 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 one 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. (Correction: The original Notice of Complete Application referenced that the facility had two steam turbine generators (STG). The CPV facility has one STG.)

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:

SONY Electronics, Inc. - 216 tpy

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

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 NYS 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 The draft Title IV Acid Rain permit can be made available upon request. The Draft Permits and Permit Review Report may be viewed and printed from the Department web site at:

Project Location:

The project activities are located on an approximately 21-acre area that is bounded to the east by State Route 17M/6; to the north by State Route 6 and to the south by Interstate 84 in the Town OF Wawayanda, Orange County.

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. Principal documents related to the SEQR review for the Facility and the air applications are available on the CPV Valley website at:

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.

Written Comments:

All written comments concerning the draft air permits must be submitted to the NYS DEC Contact Person listed below by July 29, 2019. Comments sent by regular mail must be postmarked no later than July 29, 2019. E-mail and Fax comments must be received by 5:00 p.m. (EDT), July 29, 2019.

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

Public Comment Hearing:

Two public comment hearing sessions to receive unsworn statements from the public on the applications and the draft permits, described above, will be held before Administrative Law Judge (ALJ) Molly McBride at 2:00 p.m. and 7:00 p.m. on Wednesday, July 17, 2019 at the Middletown High School Auditorium, 30 Gardener Avenue Ext, Middletown, New York. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the public comment hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act. Requests should be submitted to ALJ Molly McBride, NYSDEC, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550.


Christopher Hogan
NYS DEC - Division of Environmental Permits
625 Broadway, 4th Floor
Albany, New York 12233-1750
Phone: (518) 402-9167
Fax: (518) 402-9168
(Please note: on 6/17/19 the e-mail has been corrected to Emails sent to the previous email will be forwarded to the correct address.)

Public Notice

The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application from G&G Garden Street LLC for a site known as Garden St Apartments, site ID #C360188. This site is located in the City of New Rochelle within the County of Westchester and is located at 11 & 24 Garden Street

A copy of the application and other relevant documents are available at the document repository located at New Rochelle Public Library, 1 Library Plaza, New Rochelle, NY 10801.

There are several ways to comment on BCP applications. Comments can be submitted: Michael Kilmer, NYS DEC - Region 3 Office, Division of Environmental Remediation, 21 South Putt Corners Road, New Paltz, NY 12561-1696, Phone: (845) 633-5463, E-mail: All comments must be submitted by July 12, 2019.

Site information can be viewed by entering the site ID noted above at:

We would also encourage those interested in receiving information on future activities at this site or any other site to sign up to NYS DEC's Contaminated Sites E-mail List at:

What is the Brownfield Cleanup Program?

New York's Brownfield Cleanup Program (BCP) is designed to encourage private-sector cleanups of brownfields and to promote their redevelopment as a means to revitalize economically blighted communities. The BCP is an alternative to "greenfield" (land not previously developed or contaminated) development and is intended to remove some of the barriers to, and provide tax incentives for, the redevelopment of brownfields. Since its inception (2003), the BCP has catalyzed the cleanup of more than 300 contaminated sites statewide and incentivized redevelopment. There are more than 350 active sites in the BCP.

Additional information on the New York State's Brownfield program is available at NYS DEC's website:

Negative Declaration

Ulster County - The Town of Wawarsing Planning Board, as lead agency, has determined that the proposed Reisender Solar, LLC will not have a significant adverse environmental impact. The action involves a proposal by Cypress Creek Renewables, LLC (CCR) to construct an approximately 3,000kW solar photovoltaic array system. The project will consist of ground-mounted, solar photovoltaic panels in a fixed-tilt tracking configuration. The construction of the system will involve driving posts approximately 6 to 10 foot into the ground, or at depths appropriate for frost conditions, every 12 to 16 foot and mounting panels racks to the posts. The solar farm will operate as a Community Distributed Generation (CDG) facility as prescribed by the New York State Public Service Commission under the electric tariffs of Central Hudson Gas & Electric Corp (CHGE). As a CDG facility, the project will provide clean energy to the existing electric grid operated by (CHGE) and offer local customers the
opportunity to contract for this energy at or below current market rates. The project is located at 104 Weiner Road in Ellenville, Town of Wawarsing, New York.

Contact: Barbara Paes, Town of Wawarsing, 108 Canal Street, Ellenville, NY 12428, Phone: (845) 647-6570, E- mail:

Ulster County - The Town of Woodstock Town Board, as lead agency, has determined that the proposed Short Term Rental Regulations will not have a significant adverse environmental impact. The action involves the amendment of the Town of Woodstock Zoning Law. The adoption of the amendment will regulate short term rentals within the Town so as to enhance tourism economy of the Town while protecting the safety of renters and the privacy and freedom from nuisance for the residents. The project is located throughout the Town of Woodstock, New York.

Contact: William McKenna, Town of Woodstock, 45 Comeauu Drive, Woodstock, NY 12498, Phone: (845) 679-2113, E-mail:

Notice of Acceptance of Draft SEIS and Public Hearing

Westchester County - The Village of Tarrytown Planning Board, as lead agency, has accepted a Draft Supplemental Environmental Impact Statement on the proposed Artis Senior Living, LLC. A public hearing on the Draft SEIS will be held on June 24, 2019 at 7:00 p.m. at the Tarrytown Village Hall, One Depot Plaza, Tarrytown, NY 10591. Written comments on the Draft SEIS will be accepted until July 5, 2019. The Draft SEIS is available from the Tarrytown Village Hall, Planning and Zoning Department, 1 Depot Plaza, 2nd Floor, Tarrytown, NY; the Warner Public Library, 121 North Broadway and on line at:

The action involves a proposal to amend the Tarrytown Zoning Ordinance to create a new floating/overlay zone and a site plan application to apply the new zoning to a 4.6 acre site. If the zoning is amended, the applicant would seek approval to construct a 35,952 square foot, 64 bed Alzheimer/dementia memory care facility. Proposed development on this site previously went through SEQR review, which culminated in a Findings Statement adopted by the Village on August 28, 2006. At that time, the development was proposed as a 60,000 square foot office building that would function as an extension of the existing office park located at 155 White Plains Road. The proposed Alzheimer/dementia memory care facility would take the place of the previously proposed office building. The project is located at 153 White Plains Road (NYS Route 119) in the Village of Tarrytown, New York.

Contact: Lizabeth Meszaros, Village of Tarrytown, One Depot Plaza, Tarrytown, NY 10591, Phone: (914) 631-1487, E-mail:

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