| “We just hope there are fish left in Seneca Lake by the time the DEC studies of Greenidge Generation LLC, including CWIS, thermal study, dilution study, are completed and corrective action implemented.” |
The Committee to Preserve the Finger Lakes offers the following information to help concerned resident to comment on the Conditioned Negative Declaration adopted by the Town of Torrey Planning Board and published in the Environmental Notice Bulletin on October 7, 2020.
Comments are required by November 7, 2020 and should be submitted to:
Town of Torrey Planning Board
C/o Betty Daggett
Town of Torrey Town Clerk
56 Geneva St.
Dresden, NY 14441
Email: townclerk@townoftorrey.com
The Planning Board (PB) did not conduct the review consistent with the State Environmental Quality Review Law (SEQRA) or follow the Town of Torrey Zoning Law, assuring preservation of Community Character.
The Greenidge bitcoin/data center expansion proposal includes the addition of 4 buildings, each 42 x 120 feet to house computer servers and cooling fans, on 1.3 acres of the total 139 acres of the power plant property. The stated intent is to increase Greenidge’s bitcoin mining capacity to the full 107 MW capacity of the plant.
The PB only considered the 1.3 acres, and dismissed the environmental impacts of producing an additional 300,000 Megawatt hours a year, the equivalent electricity used by 30,000 homes. These impacts include air emissions, water withdrawal, discharge of pollutants and thermal discharge into the Keuka Outlet.
The PB classified the expansion as an “Unlisted” action and issued a “Conditioned Negative Declaration” (CND). However, the DEC website, describing CNDs, indicates that this was not a proper conclusion:
“A conditioned negative declaration (CND) is a form of negative declaration which may be used for Unlisted actions only, and only in limited circumstances. Use of a CND can be appropriate when a lead agency concludes that a proposed action may have a potentially significant adverse impact on the environment, but the impact can be eliminated or adequately mitigated by conditions imposed by the lead agency, without the need for additional environmental studies. Use of the CND acknowledges that without imposition of conditions by the lead agency, the action may have potentially significant impacts. . .
Note that using a conditioned negative declaration in a situation where the reviewing agency requires additional information to be submitted prior to approval is not an acceptable use of the CND procedure.
https://www.dec.ny.gov/permits/91836.html
State Environmental Quality Review Act (SEQRA)
The EAF Part 1, submitted by the applicant, described:
- the project site as the whole Greenidge Generating facility, approximately 139 acres;
- the total acreage to be physically disturbed as 1.3 acres;
- that the project will increase the demand for energy by 300,000 Megawatt hours a year; and
- the construction and operation of the project will create noise and other disturbance.
There is no evidence that the PB ever consulted other involved agencies, including the State Department of Environmental Conservation (DEC), even though it relied on DEC’s permits to “mitigate” the adverse impacts of the project.
In conducting its review and the completion of EAF Part 2, the PB segmented this project, and only considered the 1.3 acres, without considering the obvious environmental impacts of producing an additional 300,000 Megawatt hours a year. This is enough electricity to power 30,000 homes. Because this project is “behind the meter,” it may have no impact on the grid, but it certainly impacts the environment.
In the EAF Part 3, the PB determined that “the project will have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following requirements imposed by the Lead Agency” (in this case, the Planning Board):
- All power will be generated on site with no impact to the grid.
- Noise Leveling testing will verify compliance to the Town of Torrey Zoning Code.
- Applicant will fulfill all New York State Department of Environmental Conservation (NYS DEC) requirements relative to the Greenidge Generation operations.
At the September 21, 2020 meeting, the PB was presented with evidence that:
- the thermal discharge for the CURRENT operation of (108 degrees F.) exceeded the legal limits for discharge to a trout stream (70 degrees F.)
- the thermal study required by DEC would not be completed until at least 2022, implementation of corrective action will take years more;
- the required screens on the intakes from Seneca Lake to protect the fish are not installed, nor will they be for several years, if they are feasible, and
- that the project will require a significant amount of additional electricity which will significantly increase the use of natural gas, air emissions, water withdrawal, and discharge of more heated water into the Keuka Outlet.
The fact that the DEC is allowing extensive time for correction of these impacts, should not make these impacts acceptable to the Town of Torrey.
Segmentation
The PB was advised by counsel that it “can only consider comments related to the proposed addition – not to the entire operation” and that its “decision can not be based on strong public opposition.” However, most guidance documents say a “Lead Agency must consider whole action – proposals or parts of proposals that are related to each other closely enough to be a single course of action should be evaluated as one whole action.” https://www.bsk.com/uploads/SEQRA-Handout.pdf
Clearly, segmenting the environmental impacts of the production of energy from the use is prohibited by the intent of the SEQRA.
Classification of the Project as “Unlisted”
The PB determined that while “the project will have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following requirements imposed,” yet classified the project as an “Unlisted Action.”
SEQRA identifies several actions as “Type I,” if they meet or exceed any of the following thresholds:
- use ground or surface water in excess of 2,000,000 gallons per day;
Clearly an increase in energy production of 1/3 of rated capacity, sufficient to power 30,000 homes, is a major change in the quantity of energy. It should not matter to the Planning Board if the water withdrawal, air emissions, thermal and chemical discharge are within the DEC permit limits. In 2019, before the data center started operations, Greenidge used about 6% of its electrical generating capacity and 24 million gallons/day of its 139 million gallon/day allocation.
The original (2019) data center was estimated to use 677,000 MWH of electricity a year, enough to power 60,000 homes. Moving to 100% capacity will surely require more than 2,000,000 GPD.
- adverse impact on resident fish in the Keuka Outlet
The DEC permit allows discharge at temperatures up to 108 degrees F. while the thermal study is underway and final limits are established. That is a temperature “grandfathered” from the prior operation of the power plant. Since that was established, changes to the Clean Water Act and DEC regulations now limit discharges to trout streams, like the Keuka Outlet, to 70 degrees F. to prevent fish mortality.
- a major change in the use of either the quantity or type of energy
The EAF Part 1 states that the project will increase electricity use by 300,000 MW hours.
- reasonably related long-term, short-term, direct, indirect and cumulative impacts
Because the various studies (cooling water intake systems, dilution studies for toxic discharges and thermal discharge studies) and corrective actions required by DEC are years from completion, this answer must be yes.
Conditioned Negative Declaration
We believe that the project is misclassified as Unlisted. It is clearly a Type 1 project and is not eligible for a conditioned negative declaration (CND) and it must be rescinded as required and a positive declaration issued as required in 6 NYCRR 617.7:
(d) Conditioned negative declarations:
(2) A lead agency must rescind the CND and issue a positive declaration requiring the preparation of a draft EIS if it receives substantive comments that identify:
(i) potentially significant adverse environmental impacts that were not previously identified and assessed or were inadequately assessed in the review; or
(ii) a substantial deficiency in the proposed mitigation measures.
Finally, according to the SEQR Handbook, Conditioned Negative Declarations (CNDs), Page 94 https://www.dec.ny.gov/docs/permits_ej_operations_pdf/seqrhandbook.pdf, this CND is improper.
The Planning Board, as lead agency, included “as a condition in support of a CND, the requirement that the approval of another agency be obtained,” specifically, that “Applicant will fulfill all New York State Department of Environmental Conservation (NYS DEC) requirements relative to the Greenidge Generation operations.” The Handbook states that “Requiring that the applicant obtain the approval of another agency, when that approval is already legally required, is not a mitigation measure.”
The Handbook also requires “If information or comments are received which indicate that there may be significant adverse environmental impacts that were not mitigated by the conditions of the CND, the lead agency must rescind the CND and instead issue a positive declaration. Thereafter, the lead agency must follow all the procedures for preparation and acceptance of an EIS.
Community Character
The SEQRA Handbook describes Community character as relating:
“ not only to the built and natural environments of a community, but also to how people function within and perceive that community. Evaluation of potential impacts upon community or neighborhood character is often difficult to define by quantitative measures.
Courts have supported reliance upon a municipality’s comprehensive plan and zoning as expressions of the community’s desired future state or character. “
The Torrey Zoning Law (https://www.townoftorrey.org/laws/pdf_45.pdf), § 98.105 Review Criteria requires that:
- “The proposed use will not adversely impact adjacent properties, existing infrastructure or environmentally sensitive features on or near the site such as steep slopes, Seneca Lake or other bodies of water, water courses, the Outlet Trail, mature woodlands, or wetlands;”
- The proposed use will not adversely impact adjacent properties with regard to excessive or unreasonable disturbance such as noise, light, glare, vibration, shadow, vapors, smoke, fumes, dust, particulate emissions or odors.
The Planning Board never considered either of these criteria in its review of the project.
The Zoning Law was clearly enacted to protect the environment, local tourism attractions like Seneca Lake and the Outlet trail and the quality of life of nearby residents. The Planning Board determined there would be significant adverse impacts, but did nothing to mitigate them.
The Law also requires that adjacent properties be protected from excessive or continuous noise, among other things. The impact should be assessed on residences, not at Greenidge’s fence. And the presence of the lake as the East boundary, requires an analysis of noise over water. This decision proves that the current Zoning Law is unclear and the intent needs to be clarified by the Town Board. The Town should conduct its own noise study.
Summary
The Committee to Preserve the Finger Lakes will be submitting detailed comments and request that the Planning Board, as required in SEQRA, properly classify the action as “Type 1,” rescind the “conditioned negative declaration,” issue a positive declaration, require an environmental impact statement and conduct a coordinated review with the DEC.
6 NYCRR 617.7 (d) Conditioned negative declarations:
(2) A lead agency must rescind the CND and issue a positive declaration requiring the preparation of a draft EIS if it receives substantive comments that identify:
(i) potentially significant adverse environmental impacts that were not previously identified and assessed or were inadequately assessed in the review; or
(ii) a substantial deficiency in the proposed mitigation measures.
Until the thermal and dilution studies is COMPLETE and new limits are set and the feasibility of the wedgewire screens can be assessed and implemented, any further expansion should be put on hold by the Planning Board to assure the protection of Seneca Lake and the Keuka Outlet.