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Pinelawn Power, LLC.

July 28, 2004

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF COMPLETE APPLICATION AND
LEGISLATIVE PUBLIC HEARING

APPLICANT:

Pinelawn Power LLC.
C/o Harbert Power LLC
One Riverchase Parkway
Birmingham, AL 35244

APPLICATION No. 1-4720-03061/00001 Article 19 - Air Pollution Control 1-4720-03061/00002 Article 17, Water Pollution Control-SPDES 1-4720-03061/00003 Article 19 - Title IV, Acid Rain Deposition

PROJECT LOCATION: Pinelawn Power, 380 Patton Avenue, Babylon

PROJECT DESCRIPTION: Pinelawn Power LLC proposes to construct and operate a 79.9 MW, dual-fuel electric generating station (the project) adjacent to the Town of Babylon's Solid Waste Management Complex located within the Town's Pinelawn Industrial Area.

The project entails the construction and operation of a combined cycle power plant consisting of a General Electric (GE) LM 6000 SPRINT Combustion Turbine Generator (CTG), a Once Through Steam Generator (OTSG) with supplemental duct burners, a steam turbine generator (STG), a two-cell wet cooling tower and associated balance-of-plant systems and facilities. The project will be capable of operating in a variety of modes including simple-cycle, combined cycle without duct burner firing, and combined cycle with duct burner firing. The total new electrical power from this project will be limited to a net output of 79.9 MW to the electric grid, and this project is scheduled for completion by summer 2005.

The CTG will fire primarily on natural gas with low-sulfur (0.05%) kerosene as back up fuel for a maximum of 720 hours per year. The duct burners will be fueled exclusively by natural gas. The CTG will utilize a water injection system and selective catalytic reduction (SCR) to control emissions of nitrogen oxides (NOx). An oxidation catalyst will be used to control emissions of carbon monoxide (CO) and volatile organic compounds (VOCs). Emissions from the OTSG, CTG, and duct burners will exhaust through a single 145-foot stack.

The facility's peak water supply requirements will be approximately 743,000 gallons per day and will be provided by the Suffolk County Water Authority (SCWA). Average water supply requirements will be approximately 688,000 gallons per day. Sanitary wastewater will be discharged to the existing on-site subsurface disposal system. Waste water from the condensate polisher, compressor wash water, and floor drains will be trucked off-site for proper disposal. Blowdown from the cooling tower will be treated for iron removal and discharged to the existing Patton Avenue recharge basin. Clean stormwater from secondary containment structures for the aqueous ammonia unloading area, kerosene unloading and storage area, and transformer containment areas will also be discharged to the existing Patton Avenue recharge basin pending sampling and visual inspection.

PERMITS: The Applicant has filed individual applications seeking the issuance of (a) a preconstruction state facility air pollution control permit pursuant to Article 19 of the Environmental Conservation Law ("ECL") and Part 201 of Title 6 of the New York Compilation of Codes, Rules and Regulations ("6NYCRR"), (b) a Phase II acid rain permit pursuant 40 CFR Part 72 as incorporated by reference at 6 NYCRR §200.10, and (c) a State Pollutant Discharge Elimination System (SPDES) permit pursuant to ECL §17-0823. The DEC has tentatively determined that the applications meet all air pollution control requirements of ECL Article 19, 6NYCRR Part 201, Part 204, Part 227, and Title IV (Acid Rain) of the Clean Air Act Amendments of 1990, and has also tentatively determined that all wastewater discharges will comply with the applicable requirements of the Federal Clean Water Act and State law. The DEC concludes that the applications for these permits are complete within the meaning of 6 NYCRR §621.1(d), and has tentatively determined to issue the permits. Consequently, the DEC has prepared draft permits pursuant to 6 NYCRR §621.5(d)(7).

SEQRA STATUS: Pursuant to the State Environmental Quality Review Act ("SEQR", ECL Article 8 and 6 NYCRR Part 617), the Town of Babylon, as lead agency, has determined that the project will not result in significant adverse environmental impact. The Town of Babylon issued a Negative Declaration on June 21, 2004.

PUBLIC HEARING: A legislative hearing session for the receipt of public comments on the application will be held at 7:00 PM on Thursday, August 19, 2004 at the following location:

Babylon Town Hall Annex
281 Phelps Lane
North Babylon, NY 11703
(631) 893-1050

All persons, organizations, corporations, or government agencies who may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments on the application. It is not necessary to file in advance to speak at the hearing. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. The Administrative Law Judge (ALJ) may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard. The hearing facility is reasonably accessible to the mobility impaired.

WRITTEN COMMENTS: Parties may file written comments with the NYSDEC Division of Environmental Permits, Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1750, attn: Kevin Kispert, Project Manager. Written comments must be received in-hand at this address no later than August 27, 2004.

DOCUMENT AVAILABILITY: The Department has reviewed the application materials, determined that they are complete pursuant to 6NYCRR Parts 201 and 621, made a tentative determination to approve the applications and has 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 air permit and a draft SPDES permit, are available for review during normal business hours, Monday through Friday, at the following locations:

1. NYSDEC Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750. Contact: Kevin Kispert. (518) 402-9161.

2. NYSDEC Region 1, SUNY Campus, Loop Road, Building 40, Stony Brook, NY 11790-2356. Contact John Pavacic. (631) 444-0365.

3. Wyandanch Public Library, 4 South 20th Street, Wyandanch, NY 11798. (631) 643-4848

4. West Babylon Public Library, 211 Route 109, West Babylon, NY 11704

STATUTORY and REGULATORY PROVISIONS: The air permit applications are being reviewed pursuant to ECL Article 8 (SEQRA), Article 17 (Water Pollution Control), Article 19 (Air Pollution Control), Article 70 (Uniform Procedures Act), 6NYCRR Part 201 (General Provisions - Air Pollution Control), Part 617 (SEQR), and Part 621 (Uniform Procedures), and Part 750 et seq. (SPDES).

July 28, 2004
Albany, New York

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