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Ramapo Energy, LP

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF DETERMINATION TO ISSUE
PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT

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, has applied for a Prevention of Significant Deterioration pre-construction permit pursuant to 40 CFR 52.21 and for a Certificate of Environmental Compatibility and Public Need under Article X of the NYS Public Service Law so that it may 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 project site is on Torne Valley Road in the Town of Ramapo, Rockland County. The fuel will be natural gas. The nominal electric generating capacity of the proposed Facility will be approximately 1100 megawatts (MW). The New York State Department of Environmental Conservation (NYSDEC) has conducted the Prevention of Significant Deterioration (PSD) review contained in 40 CFR 52.21 and 124.

Public Notice: The New York State Department of Environmental Conservation (NYSDEC) has made a tentative determination that the proposed construction of a 1100MW natural gas-fired combined cycle combustion turbine generating plant by Ramapo Energy is subject to and satisfies the federal requirements for the Prevention of Significant Deterioration (PSD) contained in 40 CFR 52.21. The air emissions will result from the turbines and generators and will be vented through four Good Engineering Practice (GEP) stack heights of 180 feet.

The following PSD affected air pollutants will be controlled with the Best Available Control Technology (BACT): nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), particulate matter (PM & PM10) and sulfuric acid mist (H2SO4). The DEC Staff has also verified that the emissions of these PSD affected air pollutants will not cause or significantly contribute to an exceedence of any national primary or secondary ambient air quality standards, and will not consume more than the allowable PSD air quality increment, where one exists. The facility is also affected by federal New Source Performance Standards (NSPS) at 40 CFR Part 60. In addition to the operating restrictions and emission limitations proposed by Ramapo Energy in their application, Ramapo Energy has accepted NYSDEC's imposition of a CO catalyst to achieve BACT. These limits have been incorporated as special permit conditions in the PSD permit and are discussed in the "fact sheet" of the administrative record.

Project Location: The Facility would be located within Torne Valley, off Torne Brook Road in the Town of Ramapo, Rockland County, on part of a 60 acre parcel the applicant has an option to buy from the Ramapo Mountain Land Company. The entire project site is zoned industrial. The project site is bounded on the east by Harriman State Park, on the west by Orange and Rockland Utilities, Inc. right-of-way and the Rockland County Solid Waste Management Facility, and on the north and south by property owned by Ramapo Mountain Land Company.

NYS Public Service Law: This project is subject to review pursuant to Article X of the New York State Public Service Law (Siting of Major Electric Generating Facilities) and requires a Certificate of Environmental Compatibility and Public Need (Certificate) to construct and operate a 1100 megawatt natural gas-fired combined cycle combustion turbine generating facility. The Article X application was filed on November 29, 1999 and Revised July 2000.

Other Regulatory Provisions: In addition to the specific regulations cited above, the entire Article X application is being processed by the NYS Department of Environmental Conservation (NYSDEC) pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 19 (Air Pollution Control), and 6 NYCRR Part 201 (Permits and Registrations) and 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). A separate notice will be issued for comment on the 6 NYCRR Part 201 permits.

SEQRA Status: The NYS Department of Environmental Conservation (NYSDEC) has determined that the proposed action is a Type II action [617.5(c)(35)], and is not subject to review pursuant to the State Environmental Quality Review Act (SEQRA) (ECL Article 8) and 6NYCRR Part 617. A comprehensive environmental review is being conducted pursuant to PSL Article X.

Tentative DEC Staff Position: NYS DEC staff have reviewed the PSD permit application and determined it is complete pursuant to 6 NYCRR Part 621. Staff have determined that all statutory and regulatory criteria can be met through the imposition of special conditions. A draft PSD determination and permit is thus being made available for comment.

The emissions limits and special permit conditions imposed on the Ramapo Energy facility's PSD permit reflect those proposed in the air permit application (Appendix E3 of Volume III of the Article X application) and the supplemental documents submitted by Ramapo Energy on September 29, 2000 and October 19, 2000 in response to DEC's comments of September 15, 2000 and October 12, 2000. Specifically, DEC staff had determined that a CO catalyst would constitute CO BACT (and Lowest Achievable Emission Limit (LAER) for Volatile Organic Compounds (VOCs), as required by 6 NYCRR SubPart 231-2) for this facility and Ramapo Energy concurred.

Public Comments/Appeal Procedure: NYSDEC invites public comment regarding this tentative determination. NYSDEC's final determination will be made only after full consideration of all public comment received. Comments are to be limited to PSD concerns and must be in writing, and must be accompanied with adequate supporting information. The PSD aspects, as noted above, address the proposed emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), particulate matter (PM and PM-10), and sulfuric acid mist (H2SO4). The public comment period will run from the date of publication of this public notice until February 15, 2001. The final determination may be appealed administratively within 30 days of Ramapo Energy's receipt of the final PSD permit determination. Only those persons who file comments on this PSD preliminary determination may petition the EPA Environmental Appeals Board for administrative review of the PSD determination. Persons who fail to file comments may petition for review only to the extent of any changes from the draft to the final permit decision regarding PSD issues. If no comments are received and NYS DEC makes no changes to the PSD determination from the draft to the final decision, no opportunity for further review or appeal will be available.

Any petition for EPA review must be made within thirty (30) days of the service of notice of the final decision. The procedures for administrative review are defined in the Consolidated Permit Regulations at 40 CFR Part 124. Any such petition for review shall include a statement of the reasons supporting that review and shall adhere to the standards outlined in 40 CFR §§124.19(a)(1) and (2).

Upon completion of the administrative review process (if applicable), the final decision will become the final agency action and will be published in the Federal Register. Those who appealed for administrative review may petition for judicial review within 60 days of the final EPA decision.

Document Availability: All filed application materials and the preliminary PSD determination are open for public inspection at the following NYS Department of Environmental Conservation offices between 9:00 AM and 4:00 PM, Monday through Friday: (A) NYS DEC Division of Environmental Permits, Department of Environmental Conservation, 50 Wolf Road, Room 538, Albany, New York 12233-1750. Contact Christopher M. Hogan, Project Manager, at (518) 457-3346; and, (B) NYS DEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, New York 12561-1696. At the DEC Region 3 Office, contact the Environmental Permits Division, at (845) 256-3054.

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