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Ramapo Energy, LP

December 26, 2000

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ANNOUNCEMENT OF PUBLIC COMMENT PERIOD, and
COMBINED NOTICE OF COMPLETE APPLICATION,
PUBLIC HEARING and ISSUES CONFERENCE

Applicant: Ramapo Energy Limited Partnership, 65 Boston Post Road, Marlborough, MA, 01752

Application Number: DEC # 3-3926-00377/00001; PSC Case # 98-F-1968

Project Description: The applicant, Ramapo Energy, proposes to construct and operate four ABB Alstom Power GT-24 combustion turbines (CTGs), four heat recovery steam generators (HRSGs) and four steam turbine generators and associated balance-of-plant systems and facilities. The fuel will be natural gas. The nominal electric generating capacity of the proposed Facility will be approximately 1100 megawatts (MW). United Water New York, a public water supply company, will provide the 0.134 million gallons per day (MGD) on average required for the project. The average wastewater discharge of 22,500 gallons per day (gpd) will be discharged to the Rockland County Sewer District No. 1 (RCSD). The project site is on Torne Valley Road, in the Town of Ramapo, Rockland County.

Air Permit Applications

Preconstruction (Air) Permit and Certificate to Operate: Title V of the federal Clean Air Act requires applicants of major sources of air pollutants to obtain air permits. Pursuant to 6NYCRR Part 201, Ramapo Energy has opted to obtain a preconstruction permit and certificate to operate authorizing the construction and operation of the proposed Ramapo facility, pursuant to 6 NYCRR Subpart 201-6.1, prior to obtaining a Title V permit. 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), Ramapo Energy has filed a complete application with the DEC for this air emissions permit. The NYS DEC hereby notices a complete application and draft permit to construct and certificate to operate, along with permit conditions for the facility. The conditions in DEC's draft permit authorizes the construction and operation of the proposed facility pursuant to 6 NYCRR Subpart 201-6.1 and assure conformance of the Ramapo facility with requirements of 6 NYCRR Parts 201, 225, 227, 231, and 257, as well as all other applicable State air pollution regulations and Federal requirements on enforceable permit conditions. Pursuant to 6NYCRR Subpart 231-2, Ramapo Energy will be providing a list of VOC and NOx emission offset sources which will be subsequently noticed for a separate public comment in accordance with §231-2.10.

In addition to the Part 201-6.1 preconstruction permit and certificate to operate, NYS DEC is concurrently issuing for public comment a Notice of Determination to Issue a Prevention of Significant Deterioration (PSD) Permit pursuant to 40 CFR 52.21 and 124.

State Pollutant Discharge Elimination System (SPDES)

SPDES Permits: The project is subject to SPDES General Permit GP-93-06 (Storm Water Discharges from Construction Activities) and SPDES General Permit GP-98-03 (Storm Water Discharges Associated with Industrial Activity Except Construction Activity), issued pursuant to Environmental Conservation Law ("ECL") Article 17, Titles 7 and 8 and ECL Article 70. No individual permit for wastewater discharge is required since the discharge will be to the sewer district.

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).

The conditions contained in the draft permits identified in this notice will be incorporated into the Article X hearing record for the Ramapo Energy 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 below are being held contemporaneously and on a joint record with the related PSL Article X proceedings concerning the application filed by Ramapo Energy Limited Partnership, for a Certificate (PSC Case #98-F-1968).

NYS Environmental Conservation Law and implementing regulations: In addition to the specific regulations cited above, the air preconstruction permit applications are being processed by the DEC Staff pursuant to ECL Article 3, Title 3 (General Functions), 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).

SEQRA Status: The DEC Staff has determined that the proposal is a Type II action as 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 staff have reviewed Ramapo Energy's application materials and supporting documentation and have determined that they are complete pursuant to 6 NYCRR Part 621. A tentative determination has been made to approve this application and prepare draft permits. It has been determined that all air program statutory and regulatory criteria can be met through the imposition of special permit conditions. For the 201-6 permit to construct and certificate to operate, DEC staff have incorporated control technologies and emission limits proposed by the applicant and have independently established, with concurrence from Ramapo Energy, a set of additional conditions determined to be necessary to achieve Best Available Control Technology (BACT) for carbon monoxide (CO) and Lowest Achievable Emission Rate (LAER) for volatile organic compounds (VOC). The background documentation of this determination is available in the "fact sheets" and the administrative record for the project.

Specifically, in its determination on VOC LAER (as well as CO BACT for the draft PSD permit), DEC staff are imposing the installation of a CO catalyst which has been demonstrated to achieve a minimum of one-third reduction in VOC emissions over those achieved by best combustion technology. Ramapo Energy agreed to these limitations in their responses, dated September 29, 2000 and October 19, 2000, to DEC's Notices of Incomplete Application and Non-Compliance with Article X, dated September 15, 2000 and October 12, 2000.

The application materials, fact sheet and draft preconstruction (air) permit are available for review at the following locations during normal business ours between 9:00 AM and 4:00 PM, Monday through Friday:

  1. NYS DEC Office of Hearings and Mediation Services, Room 423, 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 Christopher Hogan, Project Manager, at (518) 457-9219; and,
  3. NYS DEC Region 3 Office, 21 South Putt Corners Road, New Paltz, New York, 12561. At the DEC Region 3 Office, contact Alexander Ciesluk at (845) 256-3014.

Written Comments: All written comments about the 201-6 air preconstruction permit and certificate to operate must be filed, postmarked no later than February 15, 2001, with the Office of Hearings and Mediation Services, Department of Environmental Conservation, 50 Wolf Road, Road, Albany, New York 12233-1750, attn: Susan J. DuBois, Administrative Law Judge.

All public comments on the application and the Subpart 201-6 draft permits will be reviewed to determine whether they raise substantive and significant issues that warrant further review through adjudication. Specific comments must be supported by full documentation and references should be limited to readily available information.

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 Susan DuBois, on February 15, 2001 at 11:00 A.M. and 7:00 P.M. at the Ramapo Town Hall, 237 Route 59, Suffern, New York, 10901. As stated above, this hearing is being held on a joint record with the related PSL Article X proceedings. 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 February 15, 2001 at the Ramapo Town Hall, following the afternoon session of the legislative public hearing described above. 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. The draft PSD permit conditions referred to above is not subject to an adjudicatory or evidentiary hearing, pursuant to 40CFR §124.71(c).

Filing for Party Status and Proposed Issues: To participate at the Issue 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 February 12, 2001. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:

  1. Administrative Law Judge Susan DuBois, NYSDEC Office of Hearings and Mediation Services, 50 Wolf Road, Albany, NY 12233-1550,
  2. Administrative Law Judge Robert Garlin, NYSDPS, Office of Hearings and Alternative Dispute Resolution, 3 Empire State Plaza, Albany, New York 12223-1350.
  3. Lisa Wilkinson, Esq., Senior Attorney, Office of General Counsel, NYSDEC 50 Wolf Road, Albany, New York 12233-1500,
  4. Paul Agresta, Esq., NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350,
  5. Michael Murphy, Esq. and Stephen Gordon, Esq., Beveridge & Diamond, P.C., 477 Madison Avenue, 15th Floor, New York, NY 10022-5802

Service by fax is NOT authorized.

Daniel E. Louis
Chief Administrative Law Judge

December 26, 2000

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