By:Scott Brinton
To be notified when the public-comment period for Plant No. 2's new Title V permit begins, write to: New York State Department of Environmental Conservation, attn: Ray Cowen, Regional Director, Region One, Building 40, SUNY Stony Brook, NY 11790-0349; or, call (631) 444-0345.
The state Department of Environmental Conservation announced last week it will reopen Freeport Electric's Title V permit to run diesel Plant No. 2, located just across the Meadowbrook Parkway from Merrick.
Keri Powell, staff attorney for the New York Public Interest Research Group, said few Title V permits nationwide have been reopened once set. In New York, she said, "I can't think of a time when they [the DEC] have reopened one."
What does that mean, reopen the permit?
Simply, the DEC will rewrite it to include emission standards for the plant. According to its current Title V permit, issued in 1998, the plant can emit carbon monoxide, lead, sulfur dioxide, particulate, oxides of nitrogen and volatile organic compounds without limit.
On June 15, Ray Cowen, DEC regional director, issued a letter to Freeport Electric Superintendent Hubert Bianco, saying the department must include stricter standards for particulate (soot) and oxides of nitrogen in Plant No. 2's permit. The letter came one day after Cowen met with state Sen. Charles Fuschillo, Joseph Kralovich of Merrick and Vincent Greco of Freeport. Kralovich and Greco serve as co-chairmen of CHOKE, a new group dedicated to cleaning up Plant No. 2.
The letter from Cowen to Bianco reads, in its entirety:
"Dear Mer. Bianco:
Over the past several weeks, the New York State Department of Environmental Conservation has become aware of several issues that require resolution. You have expressed interest in replacing the cooling tower at Plant No. 2. This replacement raises certain questions which must be resolved.
Additionally, a review of stack test information submitted to the department revealed potential exceedances of NOX RACT [oxides of nitrogen, Reasonably Available Control Technology] emission limits and particulate emissions greater than limits required by the New York State Implementation Plan [for the Clean Air Act].
A review of your Title V permit, one of the first issued by the department, has indicated more stringent emission limits and monitoring conditions must be included in your permit.
This letter is to inform you that the department will be in contact with you as soon as possible to begin the formal process of reopening your Title V permit for department-initiated modifications.
Sincerely, Ray Cowen, Regional Director"
Particulate is an important emission standard for Plant No. 2, because, according to six stack tests performed during the mid-1970s, Plant No. 2 failed three times to meet the state's 0.10 particulate standard using .89-percent diesel fuel. According to a state report, the plant passed the three tests with .17-percent fuel. However, according to records, it likely should have failed them, as it fell 10 percent above the allowable limit of 0.10. It was 0.11.
According to its current permit, the plant can burn up to .37-percent sulfur fuel. Greco, a retired engineer, said .37-percent fuel would put the plant more than two times above the allowable particulate limit, according to his calculations.
Kralovich believes that, if Plant No. 2 fails the particulate standard today, it might be forced to close.
Once the DEC has rewritten the plant's permit, it will move to a 30-day comment period, which could come anytime in the near future, said Powell, the attorney. People can have their names placed on a list with the DEC to receive notification when the comment period begins (see shaded box).
To receive a public hearing over Plant No. 2 -- which Kralovich has already called for -- people must request one, Powell said. There are two types of hearings: the legislative and the adjudicatory. During a legislative hearing, residents are each given a turn to speak their piece for five minutes. The adjudicatory hearing is more trial-like, with witnesses for both sides, in this case the Village of Freeport and residents. Attorneys may cross-examine the witnesses.
In either case, getting a public hearing requires "a significant degree of public interest," Powell said. Resident rallies against the plant demonstrate interest, she said.
Kralovich fears Plant No. 2 might pass particulate requirements, if the village burns a lower sulfur fuel. In an earlier conversation with a DEC official, Kralovich was asked whether he would accept the plant burning .15-percent sulfur fuel. His immediate response was no.
Ray Werner, an air-quality specialist with the federal Environmental Protection Agency and former Merrick resident, said that during a public hearing, the DEC has the authority to weigh diesel exhaust's toxicity and "consider that" in drafting the new permit, even if the plant can pass particulate and NOX requirements.
