African American Environmentalist Association New York City Environmental Justice Act Environmental Justice Coalition
The New York Office of the African American Environmentalist Association, founded in 2003, is dedicated to protecting the environment in New York City and State, enhancing human, animal and plant ecologies, promoting the efficient use of natural resources and increasing African American participation in the environmental movement. 
 Live Webcam View of New York Hell's Kitchen Times AAEA's main goals are to deliver environmental information and services directly into communities. We work to clean up neighborhoods by implementing toxics education, energy, water and clean air programs. AAEA includes an African American point of view in environmental policy decision-making and resolves environmental racism and injustice issues through the application of practical environmental solutions. We are one of the nation's oldest African American-led environmental organizations. We welcome all races interested in working for improvements in the African American community. AAEA Organization Goals: 1. Protect the environment. 2. Promote the efficient use of natural resources. 3. Enhance human, animal and plant ecologies. 4. Increase African American participation in environmental movement. 5. Deliver information and services directly into the black community. 6. Clean up neighborhoods by implementing toxics education, energy, water and clean air programs. 7. Include an African American point of view in environmental policy decision-making. 8. Resolve environmental racism and injustice issues through the application of practical environmental solutions. Director: Dan Durett 347 Fifth Avenue, Suite 508, New York , NY 10016
718-876-0718
AfricanAmericanEnvironmentalist@msn.com To: AAEA Headquarters, Washington,DC Privacy Policy: AAEA will not release any information about members to anyone, anytime, for any reason. Copyright (c) 2009, African American Environmentalist Association. All Rights Reserved.
History AAEA New York has been actively participating in important environmental and energy issues in the state since 2002. We established a volunteer office in 2003. We will continue to assure that New Yorkers have representative energy and environmental expertise before policy and decision-making institutions. (Participant, Panelist, and Briefings) 2008 Presented testimony before DEC on FitzPatrick Water Permit Renewal New York League of Conservation Voters Awards Ceremony, Pier 61 2007 Presented testimony before the NRC on the Indian Point License Renewal 2006 New York League of Conservation Voters Awards Ceremony, Manhattanville College, Purchase, NY Guest on Peekskill cable television show. Speak on panel at NY AREA "Lower Hudson Energy Forum" Bronx Commuinty College, Sustainable Energy Forum Reverend Al Sharpton Triibute To Reverend Martin Luther King New York AREA Manhattan Energy Forum Visiting Speaker, New York High School for Environmental Studies New York Regional Greenhouse Gas Initiative Briefing by DEC Booth at 35th Annual Legislative Conference of the New York State Association of Black and Puerto Rican Legislators Radio Show with Mayor Ernie Davis, Mt. Vernon, NY 2005 Moved New York Office To Wallace Ave Near Bronx Zoo and New York Botanical Garden Panel at New York Urban League, Harlem NY AREA Queens Energy Forum NYAREA Press Conference To Support Indian Point nuclear power plant Conference In Albany Sponsored by The W. Haywood Burns Environmental Education Center during Black/Puerto Rican Annual Conference. Meeting with Stanley Crouche – New York Journalist Meeting With Former Mayor Rudy Giuliani For Briefing On Broadwater LNG Project Federal Energy Regulatory Commission Hearings On Broadwater LNG Project -
Stony Brook, New York, September 13, 2005 -
Shoreham, New York, September 14, 2005 -
East Lyme, Connecticut, September 20, 2005 -
Branford, Connecticut, September 21, 2005 Radio Interview at WVOX Radio in New Rochelle, NY with Mayor Ernie Davis Rev Al Sharpton Dinner and Awards Ceremony in Remembrance of Rev Martin Luther King, Jr. 2004 Congress of Racial Equality (CORE) environmental meeting Presentation before New York Ministerial Interfaith Association in Harlem Written Testimony on environmental justice to the New York Department of Environmental Conservation Written Testimony on Health Issues to New York Department of Health and New York Department of Environmental Conservation Hearing for Full Party Status for Indian Point water permit before New York Department of Environmental Conservation administrative law judge in White Plains, New York Draft Environmental Justice Act for NYC Council Member Charles Barron Meeting with City Council member Charles Barron staff and literature to 51 city council member Meeting with Brandon Ward, President, New York City Municipal Chapter, Blacks in Government Meeting with New York City Council Member Bill Perkins (Harlem) Speaker, African American Men of Westchester County, 2nd Annual Environmental Conference Presentation at Black Enterprise magazine before the New York Association of Black Journalists, New York 2003 Established New York AAEA Office, Bruckner Blvd AAEA Joins NY Affordable, Reliable Electricity Alliance (NY-AREA) Launch & Press Conference of New York Area Affordable Reliable Electricity Alliance New York State Association of Black and Puerto Rican Legislators’ 32nd Annual Legislative Conference, Albany, New York. Environmental Justice Workshop sponsored by Assemblyman Ruben Diaz The DIOCESE OF NEW YORK OF THE EPISCOPAL CHURCH, USA, “Safe Space: A Conversation About Indian Point,” St. Paul’s Episcopal Church, Ossining, New York The DIOCESE OF NEW YORK OF THE EPISCOPAL CHURCH, USA, “Safe Space: A Conversation About Indian Point,” St. Paul’s Episcopal Church, Mamaroneck, NY New York City Council, Committee on Environmental Protection, On Resolution 64-A: Calling for the Immediate Shutdown of Indian Point Nuclear Facility Panel Speaker at African American Men of Westchester County Environmental Conference, White Plains, NY Westchester County Board of Legislators, Committee on Public Safety & Criminal Justice, Joint Meeting With The Environment & Health and Energy Committee On continued review of the Nuclear Regulatory Commission and Federal Emergency Management Agency decisions regarding Westchester County’s emergency response plan and Indian Point Energy Center License Renewal. Meeting With Reverend Al Sharpton, Briefing on Energy Issues Presentation at Reverend Al Sharpton’s Meeting of Ministers at the Marriot East Hotel in New York Participate in City College of New York debate on “The Future of Indian Point Power Center,” sponsored by The Colin Powell Center for Policy Studies Meet with group of Assemblymen (approximately 10) chaired by Assemblywoman Aurelia Green. Meet with Assemblyman Keith Wright. Meet with Assemblyman Darryl Towns 2002 Toured Indian Point Nuclear Power Plant New York City Council, Committee on Environmental Protection, On Resolution 64: Calling for the Immediate Shutdown of Indian Point Nuclear Facility, |  | Champion of Diversity Press Photo |
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| | Greeting AAEA President Norris McDonald at Annual MLK, Jr. Event |
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| | AAEA President Norris McDonald (Center) |
New Biodiesel Fuel Plants Planned for New York The largest biodiesel fuel manufacturing plants in the country will be constructed by the Metro Fuel Oil Corporation if the city approves it proposed 110 million gallon a year fuel terminal. The biodiesel will be made from raw vegetable oils and its output would amount to more than 40 percent of the biodiesel fuel produced in the country in 2006. The Greenpoint plant and a smaller proposed plant in Red Hook, Brooklyn will be the first biodiesel refineries in the city. Metro, a is a family-owned company that employs about 130 people (another 35 would come on when biodiesel production begins). Tri-State Biodiesel, the other New York operator scheduled to begin production next year, plans to use recycled restaurant grease as its feed source Tri-State is awaiting state and city permits to begin producing 3 million gallons of biodiesel a year on an industrial site in Red Hook and has agreements with 400 restaurants in Manhattan to collect their used grease at no cost. Oil refineries once crowded the banks of Newtown Creek in Greenpoint in the 1960s and lawsuits are still ongoing in efforts to clean the contaminated area. biodiesel refining process is emission-free, typically mixing raw vegetable oil with an industrial alcohol like methanol and a catalyst, typically sodium hydroxide, to cause a chemical transformation. The New York refineries and others in New Jersey, Washington State and elsewhere, production of biodiesel could reach 1.7 billion gallons next year, up from 250 million gallons in 2006, according to the National Biodiesel Board. The state requires a biodiesel content of at least 2 percent in the fuel used in all of its buildings and trucks. And last year, lawmakers in Albany enacted a tax credit that pays people up to 20 cents per gallon if they blend biodiesel fuel with home heating oil in their furnaces. (New York Times) DEVELOPMENT AAEA Criteria For Supporting/Opposing Development Projects 1. Is the project environmentally damaging? 2. If the project is environmentally damaging, is the damage significant? 3. Does the project promote sprawl? 4. Does the project harm African American communities? 5. Is the project outside of a smart growth area? 6. Does the project cause economic disadvantage or have any negative or biased economic consequences? 7. Are there many environmentally damaging projects in the area? 8. Do the majority of residents in the region oppose the project? 9. Does the political decision-making body oppose the project? 10. Do environmental groups oppose the project? Seven (7) or more “No” responses: Project is eligible for AAEA support.
Projects supported in New York: 1) West Side Stadium 2) Nets Stadium 3) Broadwater LNG Project DEC ANNOUNCES AVAILABILITY OF ENVIRONMENTAL JUSTICE GRANTS Funding For Communities To Help Address and Assess Environmental Harms And Risks New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan today announced the availability of new State assistance funding under the Environmental Justice Community Impact Research Grant program for projects that address exposure of communities to multiple environmental harms and risks to communities. Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies. Environmental justice efforts focus on improving the environment in under served communities, specifically minority and low-income communities, addressing disproportionate adverse environmental impacts that may exist in those communities, and ensuring meaningful public participation and environmental benefits. In 2003, DEC issued Commissioner Policy 29 Environmental Justice and Permitting to establish requirements for certain proposed actions potentially affecting minority or low-income communities. The Community Impact Research Grants are being made available to local groups that focus on addressing environmental and/or public health problems in their communities. Applicants must be located in their proposed project areas and must have over 5025 percent or more of their members and board of directors (if the community group has a board of directors) living in those areas. Each applicant community group must either be a Not-For-Profit Corporation (NFP) or partner with an NFP that will act as the financial agent for the group. Eligible grant projects must address the exposure of communities to multiple environmental harms and risks and include a research, action and education components. Grants will range from the minimum amount of $2,500 to the maximum amount of $25,000. DEC will determine the amount of the grant award based on the scope of the project identified in the application. A total of $1 million has been appropriated for the grants. Projects that could be eligible for Community Impact Research Grants include: community inventories of industrial, municipal, or commercial or agricultural facilities; mobile source emission tracking and monitoring; demonstration projects such as green rooftops and alternative energy projects; neighborhood revitalization through sustainable development with associated improvements to mitigate multiple environmental harms and risks; research into reduction of harms and risks to subsistence fishing populations that use waterways restricted for fish consumption; or projects to identify industrial, commercial or municipal processes that result in pollution and , monitoring the impacts on a community and work to reduce exposure to the pollution. All research projects must be used to expand the community’s knowledge and understanding of how to mitigate exposure to environmental impacts and improve quality of life. Grant applications are available from the DEC Office of Environmental Justice by calling 1-866-229-0497 and will soon be available at http://www.dec.state.ny.us/website/ej/ejgrants.html on the DEC’s Office of Environmental Justice website. Additional information including frequently asked questions will be posted on the DEC Website. For technical assistance information or general application questions, please contact: Monica L. Kreshik, Environmental Justice Coordinator or Douglas E. Morrison, Environmental Program Specialist, DEC Office of Environmental Justice, 625 Broadway, Albany, New York, 12233-1500. Toll free: 1-866-229-0497, Telephone: 518- 402-8556, ej@gw.dec.state.ny.us  | DEC | Oct 26, '07 12:45 PM
by Norris for everyone |
DEC DEC ISSUES ANNUAL REPORT ON ENVIRONMENTAL CLEANUPS New York Shows Continued Progress in Cleaning Up Contaminated Sites New York State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today announced the availability of DEC’s Remedial Programs Annual Report for State Fiscal Year 2002-03. The annual report highlights achievements in cleaning up contaminated sites in New York from April 1, 2002, to March 31, 2003, under the Inactive Hazardous Waste Disposal Site Remedial Program, Environmental Restoration Program (ERP), Voluntary Cleanup Program (VCP), and the Oil Spill Program. Highlights of the Annual Report include: -
985 sites had been identified as requiring remediation under the Inactive Hazardous Waste Disposal Site Remedial Program, commonly referred to as the Superfund Program. Of those, 455 sites have been cleaned up and the remaining 530 are in the remedial process; -
During State Fiscal Year 2002-03, DEC issued 45 orders on consent and amendments to orders on consent with responsible parties, committing them to pay for or conduct remedial activities in relation to Superfund sites; -
DEC received $16.8 million from responsible parties during the fiscal year either for reimbursement of past State costs or future costs to be incurred under the Superfund Program; -
Through March 31, 2003, applicants had signed State Assistance Contracts with DEC to address 75 sites under the ERP. A total of $26.9 million was obligated for the investigation and/or remediation projects at these sites from the 1996 Clean Water/Clean Air Bond Act; -
DEC executed agreements with volunteers to address 443 sites that have either been cleaned up or are currently being addressed through the VCP; and, -
During State Fiscal Year 2002-03, there were 16,970 responsible party cleanups and 480 State-funded cleanups under the Oil Spill Program. The Superfund/Brownfields Law provides secure funding for the State Superfund and provides enhancements to the ERP funded by the 1996 Clean Water/Clean Air Bond Act. It creates a statutory Brownfield Cleanup Program modeled after DEC’s existing administrative VCP and builds upon DEC’s more than 20 years of experience in cleaning up contaminated properties by making the programs more effective. The Superfund/Brownfields Law maintains stringent and protective cleanup standards, retains the “polluter pays” philosophy, expands the types of sites eligible for cleanup, provides appropriate liability relief which has already been adopted by many other states, ensures consistency with federal law, and provides enhanced financial incentives to parties to investigate and remediate brownfields. In addition, the law creates the Brownfield Opportunity Areas (BOA) Program, which provides technical and financial assistance to municipalities and community-based organizations to conduct redevelopment planning and site assessments for designated areas containing brownfield sites. The Remedial Programs Annual Report for State Fiscal Year 2002-03 can be accessed at: www.dec.state.ny.us/website/der/index.html DEC ANNOUNCES NEW ENVIRONMENTAL PERMIT SEARCH FEATURE Wed July 9, 2003. New York State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today announced the addition of a new Internet-based service that will allow the public to view the status of environmental permit applications. The new service, located at http://www.dec.state.ny.us/apps/envapps will enable citizens to search, view, and print user-selected permit application information. “With the support of Governor Pataki, DEC’s Environmental Justice program is providing the public with the tools to become more involved in the issues and decisions that affect their communities and New York’s environment,” Commissioner Crotty said. “The implementation of this new web-based tool, an important component of the Environmental Justice program, will help increase public awareness of the permit application and review process and assist in finding answers to permit questions with ease and convenience.” DEC recently implemented an Environmental Justice policy that gives communities more opportunities to provide input on decisions that potentially impact the environment and public health. The policy was created to promote the fair treatment of New York’s communities in the environmental permitting process. It is a groundbreaking measure – among the first in the nation - that supports greater participation by minority and low-income communities in the permit process. This web-based service will increase public access to information formerly only available to DEC staff. Visitors to the new site will be able to navigate a search wizard that can guide them through the options available to obtain information 24-hours-a-day. If a person does not know a permit application number, the wizard will let them search by county, then by city or town, type of permit, and date of application receipt or final decision. Information returned from the search will include the name of the applicant, the application’s status, descriptions of the proposed activity needing to be permitted, and the types of permits needed. | DEC | Oct 26, '07 12:45 PM
by Norris for everyone |
DEC DEC FINALIZES POLICY ON FINE PARTICULATE EMISSIONS The New York State Department of Environmental Conservation (DEC) has published guidelines to assess the level of PM2.5 emissions from a proposed facility, measures the impacts of those emissions, and when necessary, mitigates the impact of the emissions. Under the new policy, if a facility is subject to review under the State Environmental Quality Review Act (SEQRA) or is a major power plant being reviewed under Article X, the applicant for the project would have to quantify its potential PM2.5 emissions. If the estimates of total emissions exceed 15 tons per year, an air quality impact analysis, consisting of computer modeling, would be required to determine the project's incremental contribution to PM2.5 ambient air concentrations. Based on this analysis, a full Environmental Impact Statement may have to be undertaken to assess the severity of the air quality impact, evaluate alternatives, and institute reasonable mitigating measures to minimize the impacts of the project. Airborne particulate matter consists of various substances suspended in air in the form of solids or liquid droplets. Fine particles - those less than 2.5 microns in diameter (PM2.5) - present potential health problems because they can penetrate into the deepest parts of the lungs. Scientific studies have indicated a possible connection between fine particulate matter and respiratory problems such as asthma and bronchitis. Elderly people and young children are most susceptible to the health risk of PM2.5. Particulate matter may also contribute to haze. The primary sources of PM2.5 are fossil fuel combustion from stationary sources such as oil-fired power plants and mobile sources, such as diesel vehicles. The final PM2.5 policy is available on DEC's website at http://www.dec.state.ny.us/website/dar/pm25.html or may be obtained by writing to Steve Flint, New York State Department of Environmental Conservation, 2nd Floor, 625 Broadway, Albany New York 12233. In 1987, the U.S. Environmental Protection Agency (EPA) established National Ambient Air Quality Standards (NAAQS) for coarse particulate matter (PM10). New York State implemented a program to assess and mitigate PM10 emissions. Scientific research conducted in the 1980s first indicated that potential health risks associated with fine particulate matter differed from those of coarse particulate matter. By the mid-1990s, the scientific community accepted that fine particulate matter presents potential health problems apart from those associated with coarse particulate matter. Additional studies are ongoing and procedures for measuring PM2.5 are still being developed. In 1997, the EPA issued new National Ambient Air Quality Standards (NAAQS) for fine particulate matter, prescribing monitoring methods for ambient air. The annual standard is 15 micrograms per cubic meter and the 24-hour standard is 65 micrograms per cubic meter. Under the federal Clean Air Act, regions that do not meet or exceed specific federal air quality standards are designated as non-attainment areas. DEC will propose its PM2.5 designations to the EPA in February 2004 and the federal agency will make official designations in December 2004. New York was among the first states in the nation to have an EPA-approved monitoring network for PM2.5 and is one of the first states to establish a policy to address PM2.5 impacts -- ahead of any EPA plan on how to implement such standards. The policy will help address PM2.5 emissions until the adoption of a State Implementation Plan (SIP) for fine particulate matter. A SIP provides an assessment of the State's air quality and includes a plan to preserve air quality in areas that meet NAAQS, and a plan to improve air quality to attain the NAAQS in areas that are found to exceed these standards. DEC will begin developing the SIP for PM2.5 once the EPA has made attainment designations. DEC ACCEPTING APPLICATIONS FOR NEW BROWNFIELD CLEANUP PROGRAM The new Brownfield Cleanup Program (BCP), administered by the New York State Department of Environmental Conservation (DEC) and created by legislation passed in 2003, creates a new Brownfield program to foster the cleanup of thousands of contaminated properties, while encouraging new investment and redevelopment of these sites across New York State. The BCP is modeled after the former Voluntary Cleanup Program (VCP) and addresses hazardous wastes, hazardous substances and petroleum contamination. DEC stopped accepting VCP applications on October 31, 2003. The BCP application form and additional information on the BCP is available at http://www.dec.state.ny.us/website/der/bcp The legislation establishes a comprehensive package of tax credits available to parties cleaning up sites under the BCP. The tax credits have an estimated value of $135 million annually when fully effective. These credits will offset costs associated with real property taxes, site preparation, and property improvements. The legislation also provides appropriate liability relief to innocent landowners, lenders, municipalities and fiduciaries, while continuing to hold polluters responsible for the contamination they have caused. When a party satisfactorily completes a cleanup, it receives liability limitations set forth in the statute. In addition, the new program: Provides funding: -
$120 million will be made available on an annual basis for the State Superfund Program and the off-site remediation of significant threat sites being remediated by a volunteer in the BCP. -
Up to $15 million for the new Brownfield Opportunity Areas Program, technical assistance grants to community based organizations to participate in the program. -
Separately, $33 million for the Oil Spill Program to be financed by industry fees. Expands Sites Eligible for Cleanup under State Superfund Program: The new law redefines hazardous waste to include hazardous substances. This will allow for the cleanup of significant threat hazardous substance sites which have been excluded from the State's Superfund program for 20 years. DEC has identified hazardous substance sites that may pose a significant threat to public health and the environment that will now be addressed through the Superfund Program. Contact: Mike Fraser (518) 402-8000 | DEC | Oct 26, '07 12:45 PM
by Norris for everyone |
DEC The NY DEC Two Environmental Justice Reports Pursuant to Commissioner Policy 29, Environmental Justice and Permitting (CP-29), two work groups were established in January of 2003, to help the Department develop and incorporate critical environmental justice information into the Department's environmental permit review process and CP-29. Each of these work groups has finalized a report containing recommendations. The Disproportionate Adverse Environmental Impact Work Group report summarizes six methodologies that were discussed during the work group’s deliberation, makes recommendations for a permit specific analysis, and lists the additional tools and resources that will further the development of a disproportionate adverse environmental impact analysis. The second work group, established in conjunction with the New York State Department of Health and called the Health Outcome Data Work Group, produced a report that identifies reliable sources of existing human health data, and recommends means to incorporate such data into the environmental review process. Copies of the reports may be obtained from the NYS DEC Office of Environmental Justice, 625 Broadway, Albany, New York 12233-1500; phone: 518-402-8556 or toll free within NYS 1-866-229-0497, fax: 518-402-9018, e-mail: ej@gw.dec.state.ny.us Copies may also be obtained from the NYS DEC website at www.dec.state.ny.us/website/ej/index.html The NYS DEC will receive comments on the reports for 90 days ending March 15, 2005. The reports and the public comment generated by the reports will form the basis for enhancements to NYS DEC policy on environmental justice. Comments may be submitted in writing to NYS DEC, Office of Environmental Justice, 625 Broadway, Albany, New York 12233-1500; or fax: 518-402-9018; or e-mail: ej@gw.dec.state.ny.us. STATE ENFORCEMENT TARGETS HEALTH OF WATERS NEAR NEW YORK CITY Consent Order With NYCDEP Requires City to Address CSO Concerns New York State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today announced that the State has negotiated a consent order with the New York City Department of Environmental Protection (NYCDEP) governing the implementation of the combined sewer overflow (CSO) abatement program by NYCDEP. The Consent Order is available for public review and comment until October 8, 2004. CSOs are discharges of untreated sewage and industrial wastewaters, that occur when wet weather flows are in excess of the treatment capacity of combined sewer systems or the treatment works they serve. This consent order requires New York City to address facilities and practices that contribute to large amounts of pollution entering surrounding waters. Implementation of the programs contained in this order will vastly improve water quality. NYCDEP discharges untreated sewage and stormwater runoff from approximately 460 CSO outfalls during wet weather events. These discharges cause serious water quality standard violations in confined embayments, and have a significant impact on the overall quality of the waters in and around New York City. DEC’s Priority Water Bodies List states that CSOs are one of the leading causes of water quality problems in and around the City, and several of those water bodies are on the “impaired waters” list. As a result of a violations of the City’s 1988 State Pollutant Discharge Elimination System (SPDES) permits and to settle issues brought about by parties in a 1989 adjudicatory hearing regarding these SPDES permits, DEC and NYCDEP entered into a consent order in 1992. The 1992 Order requires NYCDEP to develop and implement a CSO abatement program to eliminate the contravention of water quality standards attributable to CSOs. The 1992 Order contains compliance schedules for the planning, design and construction of the numerous CSO projects. To date, NYCDEP has incurred numerous violations of the 1992 Order milestones. The 2004 consent order addresses these violations by requiring each of the following: compliance schedules with enforceable milestones based on current projects, payable penalties of $1.5 million, $2 million to fund projects that will benefit receiving waters, funding of Independent Environmental Monitors to assist in DEC oversight of the Order, and the development of a Long Term Control Plan (LTCP) as required by the 1994 USEPA CSO Control Policy. The 2004 Order requires the planning, design, and construction of over thirty projects City-wide, including: off-line retention tanks, sewer separation, flushing tunnels, vortex concentrators, throttling facilities, and numerous other projects designed to optimize the operation of the sewer collection system, pumping stations, and treatment plants during wet weather. When fully constructed, the estimated capital cost of these projects will be in excess of $ 2.2 billion. The CSO abatement program required in the 2004 Order improves upon the 1992 Order by increasing the amount of wet weather flow being treated. The 2004 Order requires projects that provide treatment for 75.5 percent of wet weather flow, an improvement over the 70.2 percent wet weather treatment required by the 1992 Order. Other benefits of the 2004 Order include improved water quality and control of floatable material discharged from CSOs. Further, the parties maintain that the proposed settlement resolves points raised by proposed intervening parties in the ongoing adjudicatory hearing concerning NYCDEP’s SPDES permits. In addition, DEC and NYCDEP propose to enter into a Memorandum of Agreement (“MOA”) governing the submittal, review and approval of Waterbody/Watershed reports required under the 2004 Order. The Waterbody/Watershed reports are an essential element of the LTCP that will evaluate water quality impacts that remain after the CSO abatement projects are implemented and determine if additional cost effective CSO control measures may be available to comply with water quality standards. The CSO abatement program required under the 2004 ACO and the accompanying MOA commits more funds, achieves greater environmental benefit through improved wet weather capture and system performance, than was required under the 1992 Order. The abatement projects along with the comprehensive monitoring and Waterbody/Watershed reports and LTCP conform to the 1994 USEPA CSO Control Policy. Prior to execution by DEC, the 2004 Order is being made available for public comment for 30 days. DEC will assess any comments and make any modifications to the Order prior to the execution of the Order. Full copies of the Order are available in hard copy at the following offices of DEC: Office of the Director of the Bureau of Water Compliance, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506, or Mr. Robert Elburn, P.E., NYSDEC, Region 2, 47-40 21st Street, Long Island City , NY 11101. Additional information on the Consent Order is available in the Environmental Notice Bulletin, which can be viewed at www.dec.state.ny.us/website/enb/ GOVERNOR PROPOSES NEW ARTICLE X POWER PLANT SITING BILL May 7, 2005 - - Governor George E. Pataki submitted new Article X legislation that will improve the review and siting process for electric generating facilities in the State and reauthorize a state-wide energy planning process to ensure an adequate, reliable and affordable supply of energy to meet New York's growing energy needs. The bill provides a new review procedure for non-major power plants and re-powering projects with a net generating output of 50-80 megawatts (MW), including ample opportunities for public comment, intervenor funding, a public statement hearing and evidentiary hearings. The process would be completed within a six-month time frame. Because the bill would set a limit of six months for the review of non-major facilities capable of meeting peak electric demands in the short term, there are no provisions for "emergency" exceptions. Consistent with the previous provisions of Article X, all new plants and re-powering projects with a net generating output greater than 80 megawatts would be subject to a 12-month review. The legislation also would establish a new pre-application fee of $50,000 for major projects (80 MW or greater) to be available to intervenors, and a fee of $20,000 for non-major facilities or repowering projects that would increase the net generation by less than 80 MW. If a project application is amended in a manner requiring additional substantial public review and scrutiny, the New York State Board on Electric Generation Siting and the Environment (Siting Board), which oversees the Article X process, would be authorized to impose additional fees to defray intervenors' costs. Additional intervenor funding would be provided at $500 per new megawatt for non-major and re-powering projects and at $1,000 per new megawatt for major projects. In addition, the Siting Board would be required to determine the environmental justice impacts of projects and conduct a detailed public health and safety review, including assessments of environmental and health impacts. The cumulative air impacts of all operating power plant facilities, along with the addition of the proposed plant, would be considered by the Board, with emphasis on areas in non-attainment with federal air quality standards. The bill would reduce the energy planning horizon from 20 years to 10 years to more realistically reflect energy market changes and energy forecasting capabilities. To grant a Certificate, the Siting Board must determine all of the following: 1. Either (a) Construction of the facility is reasonably consistent with the most recent State Energy Plan, or (b) The facility will be constructed and operated as part of the competitive electricity supply market; 2. The nature of the probable environmental impacts based on an evaluation of impacts including cumulative air quality impacts; 3. The facility minimizes adverse environmental impacts, given environmental and other pertinent considerations; 4. The facility is compatible with public health and safety; 5. The facility will not discharge or emit any pollutants in violation of existing requirements and standards; 6. The facility will control the disposal of solid and hazardous wastes; 7. The facility is designed to operate in compliance with state and local legal provisions, although the applicant may ask the Siting Board to refuse to apply any local legal provisions the applicant considered unreasonably restrictive; and 8. The construction and operation of the facility is in the public interest. Article X of the Public Service Law was enacted in 1992 (replacing Article VIII) and expired on January 1, 2003. The new bill does not set an expiration date for Article X. GOVERNOR Renewables Requirements In his 2003 State of the State Address, Governor George Pataki proposed standards that would ensure at least 25 percent of the electricity purchased in New York by 2013 is generated from renewable sources such as wind power. In 2001, Pataki issued an executive order that requires state agencies to use renewables for 10 percent of their electricity by 2005 and 20 percent by 2010. The New York Power Authority (NYPA) has announced it will purchase up to 50 megawatts of electricity from two projects, which will be developed by Chautauqua Windpower and Windfarm Prattsburgh and completed in December. The deal, signed under a 10-year long-term contract, comprises about half of the plants' output. The rest will be sold by the two developers to private-sector customers. Chautauqua Windpower (no website) is a subsidiary of Jasper Energy. Windfarm Prattsburgh (no website) is a joint venture of: UPC Wind Partners, LLC, Global Winds Harvest, Inc and Natsource, LLC Chautauqua Windpower believes that the 41.5 MW of wind power currently operating in New York avoids more than 45,000 tons of annual carbon dioxide emissions. And each installed MW of wind power stimulates about $1.2 million of capital investments. To meet Governor Pataki's goal, about 4,000-5,000 MW of installed renewable capacity will be necessary over the next 10 years. New York currently produces 17 percent of its power from renewables, with most of that coming from hydro sources. Altogether, about 13 states have implemented renewable portfolio standards and the U.S. Congress may include such standards in the pending energy bill. One proposal would require that the United States generate 10 percent of all electricity from renewable sources by 2020. Meanwhile, many states and local jurisdictions encourage the use of renewables through such measures as tax incentives and public benefits funds. Texas is another trendsetter. State law there requires that about three percent of its energy come from renewable sources by 2009. It's already about half way there and has more than 1,000 MW of wind energy. Real power planning problems emerge because of the intermittent nature of wind energy, the most obvious being the need for back-up power and spinning reserves. Reliable generating units that serve in a 'backup' role for the unreliable electricity output from wind turbines must be running at less than full capacity and efficiency or running in a 'spinning reserve' mode. While operating in these modes, fossil-fueled units are producing emissions. Therefore, the contribution of wind turbines to emission reduction will be tiny, at best, and perhaps non-existent. Land use issues are now coming to the forefront of the wind power discussion in some states. Environmentalists are protesting the 130-turbine wind farm proposed for Nantucket Sound in Massachusetts. A recent study conducted by Cornell University says that if all forms of alternative energy were fully implemented, they could never provide more than half of the nation's energy. At the same time, such generating facilities would take up 17 percent of the nation's land. The 101 NYPA wind turbines will be sited on approximately 4,100 acres, with an anticipated maximum generating capability of 151 MW during peak winds. Assuming the turbines achieve an annual 30 percent capacity factor, the wind farms will produce approximately 400,000 MWh of electricity each year. That is only 0.267 percent of the total MWh of electricity sold by electric utilities in New York State. Excluding hydro sources, wind and solar currently make up less than 2 percent of the generation mix.
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