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ENB Region 8 Notices 9/8/2021

Notice of Complete Application, Availability of Draft Permits and Announcement of Virtual Legislative Public Comment Hearings

Applicant:

Greenidge Generation LLC
590 Plant Rd
PO Box 187
Dresden, NY 14441-0187

Facility:

Greenidge Station
590 Plant Rd
Dresden, NY 14441

Permit(s) Applied for (Application Number):

Article 19 Air Title V Facility (8-5736-00004/00017)
Article 19 Title IV (Phase II Acid Rain) (8-5736-00004/00017)

Project Description:

The Department has determined that the applications to renew the Title V (Air) and Title IV (Acid Rain) permits for the Greenidge Generating Station (Facility) are complete for the purposes of public review and comment. The Department has prepared draft Title V and Title IV permits, subject to public comment or other information, for the Facility, located in the Town of Dresden, Yates County. The Facility is a primarily natural gas-fired electric generating plant, with a generating capacity of approximately 107 megawatts (MW) with a maximum heat input which is limited to 1,117 million BTUs per hour. While the Department is making a draft Title V and Title IV permit available for public review and comment, the Department has not made a tentative or final determination to issue any final permit for the Facility.

The Title V renewal application requests renewal of the existing permit, with revisions limited to: removal of the diesel fire pump permit conditions, because the diesel fire pump has been taken out of service and removed from the Facility; and a request for minor revisions to the monitoring requirements for particulate emissions (PM-10, PM-2.5 and Particulates), which includes the use of a flowmeter for the Facility to demonstrate continuous compliance with the existing PM-10, PM2.5 and Particulates permit conditions.

In accordance with 6NYCRR 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 6 NYCRR Part 201.

Persons wishing to inspect the subject Title V and Title IV 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: https://www.dec.ny.gov/chemical/8569.html.

Additional Regulatory Provisions
NYS ECL and Implementing Regulations:

In addition to the specific statutes and regulations cited above, the subject air permit applications are being processed by the DEC pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 19 (Air Pollution Control), and 6 NYCRR Subparts 201-6 (Permits and Registrations) and 231-2 (Requirements for Emission Sources Subject to §§172 and 173 of the Clean Air Act , 42 USC §7502 and §7503 on or after November 15, 1992), and Part 621 (Uniform Procedures) and the Climate Leadership and Community protection Act as noted below.

State Environmental Quality Review (SEQR) Determination:

Pursuant to 6 NYCRR 617.5, the permit renewal action is not subject to SEQR because it is a Type II action.

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt or the Facility involves the continuation of an existing operational activity.

Coastal Management:

The proposed activity is not subject to review in accordance with the Waterfront Revitalization and Coastal Resources Act. The application type is exempt or the project involves the continuation of an existing operational activity.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29):

It has been determined that the proposed action is not subject to CP-29.

Climate Leadership and Community Protection Act:

Pursuant to the requirements of Section 7(2) of the Climate Leadership and Community Protection Act, Chapter 106 of the Laws of 2019 (CLCPA or Climate Act), the Department has requested and received information regarding the Facility's purported consistency with the CLCPA.

While the Department is making a draft Title V permit available for public review and comment, the Department has not made a tentative or final determination to issue any final permit for the Facility. Prior to issuing any final permit for the Facility, the Department would need to, among other things, ensure that its action is either consistent with the requirements of the Climate Act or otherwise sufficiently mitigated or justified. The Department has yet to make such a determination regarding the Facility's consistency with the Climate Act.

There are substantial greenhouse gas (GHG) emissions which are currently associated with the existing and proposed uses at the Facility. Based on the information currently available, at this time, Applicant has not demonstrated sufficient compliance with the requirements of the Climate Act. The Department has not determined whether the Facility would be inconsistent with or would interfere with the attainment of the Statewide GHG emission limits established in the Climate Act. Environmental Conservation Law Article 75; 6 NYCRR Part 496. While the Department is making draft permits available for purposes of public review and comment, the Department may seek additional information from applicant in order to facilitate making this legally required determination.

Pursuant to Section 7(2) of the Climate Act, if an agency's decision would be inconsistent with or would interfere with the Statewide GHG emission limits, the agency must also: (1) provide a detailed statement of justification of the Facility notwithstanding inconsistency with the Climate Act; and (2) identify alternatives or GHG mitigation measures to be required. At this time, the Applicant has not provided a justification for the Facility nor proposed sufficient alternatives of GHG mitigation measures.

The Department anticipates that additional GHG mitigation measures will likely be necessary to meet the requirements of the Climate Act, should a final permit be issued for the Facility. The draft permit contains a condition addressing potential GHG mitigation requirements, requiring the Applicant to identify and propose potential GHG mitigation measures for Department approval. Any final permit for the Facility may include this or other conditions to address required GHG mitigation.

In addition to public comments on the draft permit, the Department also seeks comments on the Facility's compliance with the Climate Act, including: (1) whether the Facility would be inconsistent with or would interfere with the attainment of the Statewide GHG emission limits; (2) the potential need or justification for the Facility; and (3) appropriate alternatives or GHG mitigation measures to be required.

Application Availability:

The renewal application can be viewed on the Department's Permit Documentation for Notable Projects at https://www.dec.ny.gov/permits/6061.html.

Written Comments:

Comments on these draft permits must be submitted in writing to the Department by no later than October 22, 2021. Electronic submission of comments must be submitted to the Department at: Comment.GreenidgeGenerating2021@dec.ny.gov

Comments may also be submitted via USPS mail to: New York State Department of Environmental Conservation, Division of Environmental Permits, Bureau of Energy Project Management, Attention: Chris Hogan, 625 Broadway, Albany, NY 12233-1750.

Notice of Legislative Public Comment Hearings:

Pursuant to 6 NYCRR 621.8, legislative public comment hearings for the receipt of public comments on the permit applications will be held virtually on the date and times listed below.

Virtual Legislative Public Comment Hearings:

Virtual public comment hearing sessions will be conducted electronically before ALJ Lara Olivieri through the Webex Events electronic webinar platform. The virtual sessions will begin at 1:00 P.M. and 6:00 P.M. on October 13, 2021. Instructions for attending and providing oral statements at the virtual legislative public comment hearing sessions may be accessed at the DEC's website at: https://www.dec.ny.gov/permits/6061.html.

Persons who wish to receive the instructions by mail or telephone may contact the NYSDEC Office of Hearings and Mediation Services by telephone at (518) 402-9003 or by email to ohms@dec.ny.gov. Please provide your first and last name, address, and telephone number and reference the Greenidge public comment hearing.

Legislative Public Comment Hearings and Written Comments:

All persons, organizations, corporations, or government agencies which may be affected by the proposed Facility are invited to attend the public comment hearings and to submit oral or written comments. It is not necessary to speak at the virtual hearings and submit written comments as equal weight is given to written and oral statements.

Lengthy statements should be in writing and summarized for oral presentation. Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request to the ALJ at least 10 days prior to the hearing. Requests should be submitted to ALJ Lara Olivieri, NYSDEC, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 or by email to mailto:ohms@dec.ny.gov

Written comments submitted to NYS DEC during this comment period and oral comments given at any of the legislative public comment hearings are considered part of the record. At the conclusion of the public comment period, NYS DEC staff will determine pursuant to 6 NYCRR 621.8 whether substantive or significant issues have been raised in the public comments or legislative hearing to warrant an adjudicatory hearing, or whether a final decision should be made on the applications without any further adjudication. If no issues are raised to warrant further adjudication, the NYS DEC will proceed to final decision. In the case of a determination to issue the requested permits, the NYS DEC will develop a response to comments, provide public notice of the approval of the permits and issue the requested permits.

Individuals and parties may also file written comments to the NYS DEC representative listed below. All written comments must be postmarked or submitted electronically by email no later than October 22, 2021.

For additional information, a copy of the NYS DEC's permit hearing procedures is available on the NYS DEC web site at: http://www.dec.ny.gov/permits/6234.html.

Contact: Chris Hogan, NYS DEC - Division of Environmental Permits, Bureau of Energy Project Management, 625 Broadway, Albany, NY 12233-1750, E-mail: Comment.GreenidgeGenerating2021@dec.ny.gov


Negative Declaration

Seneca County - The New York State Office of General Services (NYS OGS), as lead agency, has determined that the proposed Sampson Veterans Memorial Cemetery will not have a significant adverse environmental impact. The action involves a proposal by Seneca County for the donation of the existing 162 ± acre Sampson Veterans Memorial Cemetery to the State of New York. The project is located at 6632 State Route 96A in the Town of Romulus, New York.

Contact: Jamie Lacko, NYS OGS, 39th Floor Corning Tower, Empire State Plaza, Albany, NY 12242, Phone: (518) 474-2195.


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    Division of Environmental Permits
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    Albany, NY 12233-1750
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