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EPA Proposes to Allow DEC to Issue Permits to New Power Plants; EPA Asks NYS DEC for An Additional 90 Days to Review the Wastewater Discharge Permit for Athens Generating Facility

Release Date: 07/24/2000
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(#00137) New York, New York – The U.S. Environmental Protection Agency has proposed to approve a revision in the New York State Department of Environmental Conservation (DEC) State Pollutant Discharge Elimination System (SPDES) permit program that will allow the state agency to issue wastewater discharge permits to new power plants. DEC has issued SPDES permits to all facilities except new power plants since 1975 and has renewed permits for existing power plants. The action was taken by EPA to resolve questions about which state agency -- DEC or the Siting Board -- had the authority to make permitting decisions for new power plants. The proposed approval comes after DEC demonstrated to EPA that the permitting procedures followed for new power plants is equivalent to the process it uses in its approved program for all other facilities. EPA will take public comment on its proposed approval and will hold public information meetings at its office in New York City on August 17. "This action will clear up the confusion that has surrounded permitting for power plants," said Jeanne M. Fox, EPA Regional Administrator. "Issuing these types of permits is nothing new to DEC; however, EPA needed to be certain that the process for issuing permits to new power plants– in terms of how they assess the environmental impacts of the discharges and how they involve the public – is analogous to the process that they’ve used for other facilities." In addition, EPA recently asked DEC for an additional 90 days to review the revised SPDES permit for the Athens Generating Facility, which the Agency received on June 23rd. The state moved forward on issuing the permit while working with EPA to resolve the issue of permitting authority. EPA had reviewed and commented on a previous version of the Athens permit. DEC has since revised the permit to impose more environmentally-protective measures, which will greatly reduce the volume of wastewater discharged from the facility into the Hudson River. EPA has asked for more time to review the Athens permit so that concurrent reviews of the permit and the state’s overall permitting program can be completed. In 1975, the authority to issue SPDES permits to power plants had been given by EPA to the New York State Siting Board, which was dissolved in 1988. At that time, the SPDES permitting authority reverted back to DEC. A Siting Board was reconstituted in 1992, but the enacting legislation made it unclear which entity, DEC or the Siting Board, could issue these permits. A legislative fix to clearly define DEC as the permitting authority was signed by Governor Pataki on November 22, 1999. However, the legislation did not specify what procedures DEC would use in issuing the SPDES permits. Recent clarification from the state agency and an assurance from the New York State Attorney General’s office that the state would use a process equivalent to that used for all other facilities has convinced EPA that the permitting program for power plants should be managed by the DEC. EPA will hold two informational sessions for the public on August 17 at 290 Broadway (one block North of City Hall, between Duane and Reade Streets), Room 27A, from 1:00 pm to 3:00 pm and from 5:00 pm to 7:00 pm. Written public comments will be accepted until August 25, 2000 and should be sent to Ms. Karen O’Brien at [email protected] or mailed to 290 Broadway, New York, New York 10007.