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Ramapo Energy, LP (Supplemental)

November 30, 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: 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). The project site is on Torne Valley Road, in the Town of Ramapo, Rockland County.

This project was the subject of a public notice issued December 26, 2000. At the time of the first notice the Emission Reduction Credits had not been identified by the applicant. DEC Staff has determined that the applicant has now obtained the necessary credits, consistent with Section 231-2.10 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR 231-2.10).

Emission Reduction Credits

The Department hereby provides notice that the Applicant is intending to use Emission Reduction Credits (ERCs) to offset potential emissions from its Ramapo Energy Center. An Interim Decision of the Commissioner, In the Matter of Ramapo Energy Limited Partnership (July 13, 2001), held that the total quantity of NOx offsets needed would be based on a Lowest Achievable Emissions Rate (LAER) limit of 2.0 ppmvd and that the ERC issues remaining would be whether the ERCs were available and verifiable. The total amount of ERCs needed are 66.3 tons per year of VOCs and 313 tons per year of NOx. The ERCs to be used have been supplied from the following sources:

Pollutant Amount Acquired (TPY) Source
VOC 31.5 Progress Lighting, Philadelphia, PA
VOC 31 3M Bristol, PA
VOC 7 TRW Inc., Yaphank, NY
VOC 1 TRW, Inc. (via Ronzoni Foods), Long Island City, NY
TOTAL 70.5 TPY TOTAL VOC ERCs REQUIRED = 66.3 TPY
NOx 200 Fairless Works, USX Corp., Bucks County, PA
NOx 116.1 Tons Con Ed, Astoria Generating Station, Queens, NY
TOTAL 316.1 TOTAL NOx ERCs REQUIRED = 313 TPY

A portion of the ERCs for this project were transferred through a "Reciprocity Agreement" between New York and Pennsylvania. DEC Staff has determined that 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 Ramapo Energy Center 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 Susan DuBois. Written comments must be received no later than JANUARY 15, 2002.

Public comments on the ERCs do not constitute evidence but may be used by the Associate Examiner as a basis to inquire further of the parties and potential parties at the supplemental issues conference, as set forth in the Department's Permit Hearing Regulations (6 NYCRR 624.4(a)(4)). Specific comments must be supported by full documentation and references should be limited to readily available information.

Issues Conference:

A supplemental pre-adjudicatory Issues Conference will be held on TUESDAY, JANUARY 22, 2002 at 1:30 P.M., at the Ramapo Town Hall, 237 Route 59, Suffern, New York, 10901. 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 as discussed further below. Party status in this proceeding is not automatically conferred upon the parties to the Public Service Law 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(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 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. A copy of Part 624 may also be obtained from the DEC Office of Hearings and Mediation Services at 518-402-9003.

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

  1. Susan DuBois, Administrative Law Judge/PSL Art. X Associate Examiner, NYSDEC, Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550; E-mail: "sjdubois@gw.dec.state.ny.us".
  2. Lisa Wilkinson, Esq., Assistant Counsel, Office of General Counsel, NYSDEC 625 Broadway, Albany, New York 12233-1500; E-mail: "lawilkin@.gw.dec.state.ny.us".
  3. Michael Murphy, Esq. and Stephen Gordon, Esq., Beveridge & Diamond, P.C., 477 Madison Avenue, 15th Floor, New York, NY 10022-5802, E-mail "mmurphy@bdlaw.com" or "sgordon@bdlaw.com".

Petitions must be received by the Associate Examiner by JANUARY 15, 2002. Electronic filing of petitions is acceptable, but must be followed by a paper copy via first class U.S. Mail, postmarked by January 15, 2002. Filings by E-mail must be transmitted both in Microsoft Word 97 , WordPerfect 8.0 or compatible word processing 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 are available for review at the following locations between 9:00 AM and 4:00 PM, Monday through Friday:

  1. NYSDEC Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550 (518-402-9003);
  2. NYSDEC Division of Environmental Permits, Department of Environmental Conservation, 625 Broadway, Road, Albany, New York 12233-1750. Contact Christopher Hogan, Project Manager, at (518) 402-9151; 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.

NYS Environmental Conservation Law and implementing regulations:

In addition to the specific regulations cited above, the above referenced air preconstruction permit is being processed by the NYSDEC 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), and Part 624 (Permit Hearing Procedures).

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
November 30, 2001

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