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Heritage Power, LLC

August 7, 2000


Applicant: Heritage Power LLC, 59 Independence Way, Oswego, New York 13126

Application Number: DEC # 7-3556-00097; SPDES # NY-0261718; PSC Case # 99-F-0558

Project Description: The Applicant, Heritage Power LLC, proposes to construct and operate a state-of-the-art, high efficiency, combined cycle electric generating facility consisting of two General Electric Steam and Gas (STAG) 107H system combustion turbine generators (CTG), two heat recovery steam generators (HRSG), two steam turbine generators (STG) and associated balance-of-plant systems and facilities. The Oswego municipal water supply will provide the 3.7 million gallons per day (MGD) on average, and 4.9 MGD maximum, of process water. The nominal electric generating capacity of the proposed Facility will be approximately 800 megawatts (MW). The proposed facility will be located on land which is part of the existing Independence Station electric generating facility. The project site is on County Route 1A, east of the City of Oswego, in the Town of Scriba, Oswego County.

State Pollutant Discharge Elimination System (SPDES) Permit Application

SPDES Permit: Pursuant to ECL §17-0823, the Applicant has filed an application with the DEC for a State Pollutant Discharge Elimination System (SPDES) wastewater discharge permit, and a request for certification that its discharges will comply with the applicable provisions of §§301, 302, 303, 306 and 307 of the Federal Clean Water Act. The application was filed on February 23, 2000, and is consistent with the requirements of §402 of the Federal Clean Water Act for discharges from new steam electric generating facilities.

The Applicant seeks approval to discharge wastewater to a collection system and on-site holding pond, and then to Lake Ontario via an existing outfall pipe currently in use by Independence Station. Stormwater run off will be discharged to existing onsite drainage areas during the construction and operation of the proposed facility. Sanitary wastewater will be routed to existing treatment facilities on the site. Modifications to the existing SPDES permits for the Independence Station facility, to accommodate the stormwater run off and sanitary wastewater, will be noticed separately and are not part of this notice.

The discharges covered under the draft SPDES permit are described as follows:

Outfall 001 (from Wastewater Holding Pond) will discharge to Lake Ontario.

Outfall 01A (Steam Cycle Blowdown) will discharge to Lake Ontario via Outfall 001.

Outfall 01C (Cooling Tower Blowdown) will discharge to Lake Ontario via Outfall 001.

Outfall 01D (Floor & Eqpmnt Drains) will discharge to Lake Ontario via Outfall 001.

Air Permit Applications

Preconstruction (Air) Permit and Certificate to Operate: Title V of the federal Clean Air Act requires applicants to obtain preconstruction air permits. Pursuant to 6 NYCRR Part 201, Heritage has opted to obtain a preconstruction permit authorizing the construction and operation of the proposed facility pursuant to 6 NYCRR Subpart 201-6.1, prior to the Title V permit application. Pursuant to the requirements of ECL Article 19, and 6 NYCRR Part 201 (Permits and Registrations) 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), Heritage has filed a complete application with the DEC for this preconstruction air emissions permit and the NYS DEC hereby notices a complete application and draft preconstruction permit and an associated set of permit conditions for the proposed Heritage facility. The conditions in DEC's draft preconstruction permit authorize the construction and operation of the proposed facility pursuant to 6 NYCRR Subpart 201-6.1, and assure conformance of the Heritage Station facility with requirements of 6 NYCRR Parts 201, 225, 227, 231, and 257. The draft preconstruction permit authorizes the construction and operation of the Heritage Station facility in accordance with all applicable State air pollution regulations and Federal requirements on enforceable permit conditions.

In accordance with 6 NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR Part 201.

In addition to the Part 201-6.1 preconstruction permit and certificate to operate, NYS DEC is issuing, concurrent with the date of this public notice, a Notice of a Determination to Issue a Prevention of Significant Deterioration (PSD) Permit.

Additional Regulatory Provisions

NYS Public Service Law (PSL): This project requires a Certificate of Environmental Compatibility and Public Need (Certificate) to construct and operate, and is subject to review pursuant to Article X of the New York State Public Service Law (Siting of Major Electric Generating Facilities). To date, the following notices, hearings and conferences have been held: Notices of Pre-Hearing Conference were issued on May 2, 2000 and June 9, 2000. As noticed, Pre-Hearing Conferences convened on May 16, 2000, and June 22, 2000 at the Common Council Chambers in Oswego, New York.

The conditions contained in the draft permits identified in this notice will be incorporated into the Article X hearing record for the Heritage Power generating project. The entire Article X record that exists to date is also hereby incorporated, by reference, into the record for this proceeding.

The DEC public hearings noticed herein are being held contemporaneously and on a joint record with the related PSL Article X proceedings concerning the application filed by Heritage Power LLC for a Certificate (PSC Case #99-F-0558). For additional information concerning the PSL Article X application and related hearings go to the Department of Public Service web page at:

NYS Environmental Conservation Law and implementing regulations: In addition to the specific regulations cited above, the subject SPDES and preconstruction permit applications are being processed by the DEC 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).

SEQRA Status: The DEC Staff has determined that the proposal is a Type II action as specifically designated by 6 NYCRR §617.5(c)(35). A comprehensive environmental review is conducted pursuant to PSL Article X.

Tentative DEC Staff Position and Document Availability: The Department has reviewed the application materials, determined that they are complete pursuant to 6 NYCRR Part 621, made a tentative determination to approve this application and prepared draft permits. It has been determined that all statutory and regulatory criteria can be met through the imposition of special permit conditions. The application materials, as well as a draft SPDES permit, fact sheet and draft preconstruction (air) permit are available for review at the following locations during normal business hours between 9:00 A.M. and 4:00 P.M., Monday through Friday:

  1. NYS DEC Office of Hearings and Mediation Services, 50 Wolf Road, Albany, NY 12233-1550;
  2. NYS DEC Division of Environmental Permits, Department of Environmental Conservation, 50 Wolf Road, Road, Room 538, Albany, New York 12233-1750. Contact: Robert L. Ewing, Project Manager, at (518) 457-9219; and,
  3. NYS DEC Region 7 Headquarters, 615 Erie Boulevard West, Syracuse, New York 13204-2400. At the DEC Region 7 Office. Contact Robert A. Torba at (315) 426-7438.

Written Comments: All written comments about the draft SPDES and preconstruction permits must be filed with the NYS DEC Division of Environmental Permits, Department of Environmental Conservation, 50 Wolf Road, Road, Room 538, Albany, New York 12233-1750, attn: Robert L. Ewing, Project Manager. Written comments must be postmarked no later than September 7, 2000.

All public comments on the SPDES application and the draft SPDES permit will be reviewed to determine whether they raise substantive and significant issues that warrant further review through adjudication. The draft PSD permit referred to above is not subject to an adjudicatory or evidentiary hearing, pursuant to 40 CFR §124.71(c).

Public Hearings Sessions and Issues Conference

Legislative Public Hearing: Legislative hearing sessions to receive unsworn statements from the public on the applications and the draft permits, described above, will be held before Administrative Law Judge Daniel P. O'Connell, on September 26, 2000 at 1:00 P.M. and 7:00 P.M. at the Scriba Town Hall, 42 Creamery Road, Scriba, NY. Part of the hearing session will be put aside to receive comments on the draft PSD permit pursuant to 40 CFR §124.12 at which time comments should be limited to the conditions of the PSD permit. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the Administrative Law Judge (ALJ) at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

Issues Conference: A pre-adjudicatory hearing Issues Conference is scheduled to be held on October 3, 2000 at 12:00 P.M. (noon) at the Common Council Chambers, 13 West Oneida Street, between West First and West Second Streets, Oswego, NY. At the Issues Conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The Issues Conference may be canceled if no filings for party status are received by the deadline listed below. Participation at the Issues Conference will be limited to the DEC Staff, the Applicant and those persons requesting party status pursuant to 6 NYCRR §§624.4 and 624.5 in advance of the Issues Conference.

Filing for Party Status and Proposed Issues: To participate at the Issues Conference concerning the draft permits identified in this Notice (except the PSD permit), parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR §§624.4(c) and 624.5(b). 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 project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments, any documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues.

All petitions must be received by 4:00 P.M. on September 18, 2000. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:

  1. Administrative Law Judge Daniel P. O'Connell, NYSDEC Office of Hearings and Mediation Services, 50 Wolf Road, Albany, NY 12233-1550,
  2. Administrative Law Judge J. Michael Harrison, NYSDPS, Office of Hearings and Alternative Dispute Resolution, 3 Empire State Plaza, Albany, New York 12223-1350.
  3. Meghan Purvee, Esq., Senior Attorney, Office of General Counsel, NYSDEC 50 Wolf Road, Albany, New York 12233-1500,
  4. Kevin Lang, Esq. and Kimberly Johnson, Esq., NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350,
  5. John A. DeTore, Esq. and Rebecca Tepper, Esq., Rubin &Rudman, LLP, 50 Rowes Wharf, Boston, Massachusetts 02110-3319, and,
  6. Howard J. Read, Esq. and Sam M. Laniado, Esq., Read and Laniado, LLP, 25 Eagle Street, Albany, New York 122077-1901,

Service by fax is NOT authorized.

Daniel E. Louis
Chief Administrative Law Judge

August 7, 2000

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