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Wawayanda Energy Center, LLC (Supplemental)

November 5, 2001


Applicant: Wawayanda Energy Center, L.L.C., The Pilot House, 2nd Floor, Lewis Wharf, Boston, MA 02110

Application Number: DEC # 3-3356-00109/0001; PSC Case # 00-F-1256

Project Description: The applicant, Wawayanda Energy, proposes to construct and operate two General Electric 7FB combustion turbines (CTGs), heat recovery steam generators (HRSGs) and one steam turbine generator 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 540 megawatts (MW). The Project will employ an Air Cooled Condenser (ACC) and will require on average 244,000 gallons per day (gpd) of cooling water. Cooling water will be supplied by the City of Middletown's publicly owned treatment works (POTW) and potable water (5,000 gpd) will be supplied by the City of Middletown through Wawayanda Water and Sewer District No. 1. The project is located off Dolsontown Road, approximately 2,000 feet east of the intersection with State Route 17M, in the Town of Wawayanda, Orange County.

This project was the subject of a public notice issued October 24, 2001. At the time of the first notice the Emission Reduction Credits had not been identified by the applicant. The applicant has now obtained the necessary credits, consistent with 6 NYCRR 231-2.10.

Emission Reduction Credits

The Department hereby provides notice that the Applicant is intending to use Emission Reduction Credits (ERC's) to offset potential emissions from its Wawayanda Energy Center. The ERC's to be used have been supplied from the following sources:

Pollutant Offsets Required Amount Acquired Source
NOx 145 Tons 145 Tons Bethlehem Structural Products Corp., Northhampton, PA

The ERC's for this project were transferred through a "Reciprocity Agreement" between New York and Pennsylvania. All ERC's 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 Wawayanda Energy Center Project must be filed with the NYSDEC Office of Hearings and Mediation Services, 625 roadway [First Floor], Albany, New York 12233-1550, attn: Associate Examiner/ALJ P. Nicholas Garlick. Written comments must be postmarked no later than December 17, 2001.

All public comments on the ERCs will be reviewed by DEC Staff to determine whether any comment raises a substantive and significant issue that warrants further review through adjudication, as set forth in the Department's Permit Hearing Regulations (6 NYCRR Part 624). Specific comments must be supported by full documentation and references should be limited to readily available information.

Following the conclusion of the public comment period, consideration will be given to whether a further comment period or legislative public hearing should be scheduled.

Issues Conference

A supplemental pre-adjudicatory Issues Conference will be held on December 18, 2001 at 11:30 A.M., at the New Hampton Social Hall, Building #2, 5024 Route 17M, New Hampton, New York. 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. Party status in this proceeding is not automatically conferred upon the parties to the PSL 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 timely 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(b) and 624.5(c). 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, may be accessed via the NYSDEC/OHMS web page.

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

  1. Raphael Epstein, Administrative Law Judge/PSL Art. X Presiding Examiner, NYSDPS, Office of Hearings and Alternative Dispute Resolution, 3 Empire State Plaza, Albany, New York 12223-1350; E-mail: "".
  2. P. Nicholas Garlick, Administrative Law Judge/PSL Art. X Associate Examiner, NYSDEC, Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550; E-mail: "".
  3. William Little, Esq., Associate Attorney, Office of General Counsel, NYSDEC 625 Broadway, Albany, New York 12233-1500 "".
  4. Saul Rigberg, Esq., NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350, E-mail: "
  5. Michael Murphy, Esq. and Stephen Gordon, Esq., Beveridge & Diamond, P.C., 477 Madison Avenue, 15th Floor, New York, NY 10022-5802, E-mail "" or "".

All petitions must be received by 3:00 PM, December 5, 2001.

Document Availability:

The NYSDEC application materials, including a draft preconstruction (air) permit, fact sheet, ERCs forms and supporting documentation, as well as a draft SPDES permit, 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;
  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 SPDES and air preconstruction permit applications are 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), Part 624 (Permit Hearing Procedures) and 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 ECL Article 17, Titles 7 and 8 and ECL Article 70.

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
November 5, 2001

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