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Mirant Bowline, LLC

October 5, 2001

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ANNOUNCEMENT OF SUPPLEMENTAL PUBLIC COMMENT PERIOD and,
SUPPLEMENTAL COMBINED NOTICE OF USE OF EMISSION REDUCTION
CREDITS, and ISSUES CONFERENCE

Applicant: Mirant Bowline, L.L.C., (formerly Southern Energy Bowline L.L.C.), 400 Rella Boulevard, Suite 157, Suffern, New York 10901.

Application Number: DEC # 3-3922-0003/00015

SPDES # NY0264342

(State Siting Board Case # 99-F-1164)

Project Description: The Applicant, Mirant Bowline, L.L.C., proposes to construct and operate Bowline Unit #3, a combined cycle electric generating facility consisting of three General Electric 7 FA combustion turbine generators (CTG), three heat recovery steam generators (HRSG), one steam turbine generator (STG) and associated balance-of-plant systems and facilities. The primary fuel will be natural gas and low (0.05 percent) sulfur fuel oil will be used for back-up. The nominal electric generating capacity of the proposed Facility will be approximately 750 megawatts (MW). The proposed facility will be located adjacent to two existing power facilities, Bowline Units #1 and #2, off of Samsondale Avenue in the Town of Haverstraw, Rockland County, New York, on part of a 257 acre parcel owned by the Applicant. The entire project area is zoned Planned Industrial Office. The project site is bounded on the east by Bowline Point Park and the Hudson River, on the west by a public park (Peck's Pond), on the south by combined residential and light industry properties, and on the north by Keahon Auto Wreckers and approximately 97 acres of vacant land which is also part of the 257 acres of Bowline Generating Station property.

This project initially was the subject of a public notice issued January 16, 2001. Review of Emission Reduction Credits necessarily has been deferred until this time to allow the Applicant sufficient opportunity to obtain all necessary credits, consistent with 6 NYCRR 231-2.10.

Emission Reduction CreditsThe Department hereby provides notice that the Applicant is intending to use Emission Reduction Credits (ERCs) to offset potential emissions from its Bowline Unit 3 Project. The ERCs to be used have been supplied from the following sources:

Pollutant Amount of Source of ERCs

Offsets needed

NOx 345 tons 133 tons from Con Edison Astoria Generating Station, Queens, N.Y.

5.7 tons from TRW Steering Wheel System, Long Island

207 tons from Wisvest Connecticut, LLC (facility located in Bridgeport, Connecticut).

VOC 102 45 tons from PG&E (originally transferred by GM, Tarrytown, N.Y.)

73.02 tons from Avery Dennison Corp., Bucks County, PA

Note : VOC ERCs are larger than needed due to reduced VOC emissions in the draft permit relative to the application.

The interstate ERCs were transferred through a "Reciprocity Agreement" between New York and Connecticut, and Pennsylvania. All ERCs comply with the "same or greater than" non-attainment class area and "contribution test" requirement of Subpart 231-2 and Air Guide 26, Appendix D.

Written Comments: All written comments about the Applicant's intended use of Emission Reduction Credits (ERCs) to offset potential emissions from its Bowline Unit 3 Project must be filed with the NYSDEC Office of Hearings and Mediation Services, 625 Broadway [First Floor], Albany, New York 12233-1550, attn: Associate Examiner/ALJ Kevin J. Casutto. Written comments must be postmarked no later than November 10, 2001.

All public comments on the ERCs will be reviewed to determine whether any comment raises a substantive and significant issue that warrants further review through adjudication, as set forth in the Department's Permit Hearing Regulations (6 NYCRR Part 624). Specific comments must be supported by full documentation and references should be limited to readily available information.

Following the conclusion of the public comment period, consideration will be given to whether a further comment period or legislative public hearing should be scheduled.

Issues Conference A supplemental pre-adjudicatory Issues Conference will be held on November 13, 2001 at 10:00 A.M., at the Haverstraw Town Hall Auditorium, 1 Rosman Road, Garnerville, New York. Participation at the NYSDEC Issues Conference is limited to the NYSDEC Staff, the Applicant and those persons who already have received party status or who are requesting party status in the NYSDEC permit hearing. Party status in this proceeding is not automatically conferred upon the parties to the PSL Article X proceeding, other than NYSDEC Staff and the Applicant. The purpose of the supplemental Issues Conference is to determine party status for any person who has properly filed a petition regarding the ERCs component of the project, as indicated below, and to define, narrow and if possible, resolve proposed adjudicable issues concerning the ERCs component of the project that have been raised by the Issues Conference participants. Any persons requesting party status pursuant to this supplemental notice, must appear or be represented at the Issues Conference so that all proposed issues may be fully discussed. In the event no petitions for party status are filed, the issues conference may be canceled.

Filing for Party Status and Proposed Issues: To participate at the supplemental NYSDEC Issues Conference concerning the ERCs component of the project, parties must file a written petition requesting party status, including the facts intended for presentation, pursuant to 6 NYCRR §§624.4(b) and 624.5(c). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the ERC component of the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the ERC component of the project. Mere opposition to the project is not a sufficient basis to be granted party status. The NYSDEC Permit Hearing Regulations, 6 NYCRR Part 624, may be accessed via the NYSDEC/OHMS web page at http://www.dec.ny.gov/ (click on "Hearings and Mediations" under "About DEC" and then click on "Guide to Permit Hearings.")

One copy of any petition requesting either full party status or amicus status must be filed with the ALJ/Examiners identified below and served upon the following other individuals:

  1. Gerald L. Lynch, Administrative Law Judge/PSL Art. X Presiding Examiner, NYSDPS, Office of Hearings and Alternative Dispute Resolution, 3 Empire State Plaza, Albany, New York 12223-1350; E-mail: "Gerald_Lynch@dps.state.ny.us".
  2. Kevin J. Casutto, Administrative Law Judge/PSL Art. X Associate Examiner, NYSDEC, Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550; E-mail: "kjcasutt@.gw.dec.state.ny.us".
  3. Meghan Purvee, Esq., Senior Attorney, Office of General Counsel, NYSDEC 625 Broadway, Albany, New York 12233-1500 "mapurvee@.gw.dec.state.ny.us".
  4. Steven Blow, Esq., Assistant Counsel, Office of General Counsel, NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350; E-mail: "Steven_Blow@dps.state.ny.us"..
  5. Barbara S. Brenner, Esq., Couch White LLP, 540 Broadway, P. O. Box 22222, Albany, New York 12201-2222; E-mail: "bbrenner@couchwhite.com".

Electronic filing of petitions is acceptable, but must be followed by a paper copy via first class U.S. Mail, postmarked by November 5, 2001. Filings by E-mail must be transmitted both in Microsoft Word 97 or compatible wordprocessing platform (extension '.doc') and Rich Text Format (extension '.rtf').

Document Availability:The NYSDEC application materials, including a draft preconstruction (air) permit, fact sheet, ERCs forms and supporting documentation, as well as a draft SPDES permit, are available for review at the following locations between 10:00 AM and 4:00 PM, Monday through Friday:

  1. NYSDEC Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550;
  2. NYSDEC Division of Environmental Permits, Department of Environmental Conservation, 625 Broadway, Road, Albany, New York 12233-1750. Contact Rick Benas, Project Manager, at (518) 457-9219; and,
  3. NYSDEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, New York 12561-1696. At the NYSDEC Region 3 Office, contact the Environmental Permits Division, at (845) 256-3054.
  4. Haverstraw Library, Thiells Branch (1), 1 Rosman Road, Garnerville, New York 10923. Contact: Donna Sopalsky, Assistant Director, at (845) 786-3800.
  5. Kings Daughters Public Library, 85 Main Street, Haverstraw, NY10927. Contact: Joanne Ginsburg, Director, at (845) 429-3445.

NYS Environmental Conservation Law and implementing regulations: In addition to the specific regulations cited above, the above referenced SPDES and air preconstruction permit applications are being processed by the NYSDEC Staff pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 19 (Air Pollution Control), and 6 NYCRR Subpart 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), Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures) and Parts 750 et seq. (State Pollutant Discharge Elimination System).

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
October 5, 2001

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