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ENB - Region 3 Notices 9/30/2015

Notice of Public Statement Hearing

Cricket Valley Energy Center, LLC
31 Milk Street
Boston, MA 02109

Project Location:
Cricket Valley Energy Office
5 Market Street
Dover Plains, NY 12522

Project Description:
Cricket Valley Energy Center LLC (CVEC) is proposing to construct the Cricket Valley Energy Center (the Facility), a nominal net 1,000-megawatt (MW) combined-cycle gas turbine electric generating facility, on a site located in Dover, Dutchess County, New York. The project was previously approved (ASF Permit ID: 3-1326-00275/00004) by the New York State Department of Environmental Conservation (NYS DEC). The initial permit was issued on September 27, 2012 and an 18 month extension was granted by the NYS DEC on March 18, 2014, as construction had not commenced within 18 months from issuance of the initial permit. CVEC does not anticipate commencement of construction by the end of the 18 month extension period on September 27, 2015. However, CVEC anticipates that construction will commence in early 2016 and, therefore, this application is being submitted to obtain a new Air Title V permit for the Facility.

The Facility, as documented in this permit application, is consistent with the current permit referenced above. The Facility will consist of three General Electric (GE) Model 7F.05 combustion turbine generators (CTGs) operating in combined-cycle mode with supplemental firing of the heat recovery steam generators (HRSGs); natural gas will be the sole fuel fired in the CTGs and duct burners. The Facility will include a natural gas-fired auxiliary boiler, four ultra-low sulfur distillate (ULSD) fired black-start generator engines and a ULSD-fired emergency fire pump engine. Since issuance of the original permit, GE has improved the performance of the 7F.05 CTG and as a result, the maximum heat input to this model turbine has increased since the original approval. To accommodate this increase in heat input to the CTG, the maximum duct firing rate has been reduced. The auxiliary boiler, black-start generator engines and emergency fire pump engine will have the same rating and emissions as those contained in the original permit. In addition to the air emitting equipment, the Facility will include three steam turbine generators (STGs), an air cooled condenser (ACC) and associated auxiliary equipment and systems. Each combined cycle generating unit consisting of the CTG, HRSG and STG will be exhausted through its own stack.
Air emissions from the proposed Facility primarily consist of products of combustion from the CTGs, HRSG duct burners, and ancillary combustion sources. Dutchess County is designated as in attainment with respect to the National Ambient Air Quality Standards (NAAQS) for all criteria pollutants with the exception of ozone. Based upon the potential to emit (PTE) estimates, the Facility is subject to Prevention of Significant Deterioration (PSD) requirements for emissions of carbon monoxide (CO); nitrogen oxides (NOx); particulate matter (PM) with a diameter equal to or less than 10 microns (PM10), PM with a diameter equal to or less than 2.5 microns (PM2.5); greenhouse gases (GHG); sulfuric acid mist (H2SO4); and volatile organic compounds (VOC). In accordance with the NYS DEC's Nonattainment New Source Review (NNSR) permitting program, the Facility is also subject to NNSR for emissions of NOx and VOC.

The project will be equipped with state-of-the-art emissions control technology, including dry low NOx (DLN) burners and selective catalytic reduction (SCR) technology to control emissions of NOx, and an oxidation catalyst to control carbon monoxide (CO) and volatile organic compounds (VOC) emissions. A continuous emissions monitoring system (CEMS) will be utilized to ensure and document facility compliance with applicable emissions standards. Water use will be minimized by the use of air cooled condensers (ACC).

NYS DEC Staff has determined that the conditions in the draft preconstruction permit authorize the construction and operation of the proposed facility and assure conformance of the facility with all applicable State and federal air pollution control regulations including the requirements of 6 NYCRR Parts 201, 225, 227, 231, 242, 243, 244, 245 and 257, as well as all New Source Performance Standards (NSPS) at 40 Code of Federal Regulations (CFR) Part 60. Information regarding the demonstration of the Lowest Achievable Emission Rate (LAER) or Best Available Control Technology (BACT) or both is included within the Final EIS and draft air permit.

As per the requirements of 6 NYCRR Sub Part 231-5, the facility is subject to nonattainment new source review (NNSR) for NOx and VOC. Based on the applicability of NNSR, the facility has purchased 322.11 tpy of NOx ERCs and 136 tpy of VOC ERCs to comply with the rule. The sources of these ERCs are as follows, and these have not changed from the prior approval:

Norbord Industries, Inc. DEC ID# 4-1230-00019 178.24 tpy
Georgia-Pacific Consumer Operations LLC DEC ID# 5-0913-00004 142.87 tpy
East River Housing Corporation DEC ID# 2-6206-00096 1.0 tpy

3M Bristol PA PADEP 09-00005 136 tpy

Public Statement Hearing:
Pursuant to 6 NYCRR 621.8, the NYSDEC has scheduled a public statement hearing to be conducted on Monday, November 2, 2015, at the Dover High School Auditorium, 2368 Route 22, Dover Plains, New York. The public statement hearing will begin at 6:00 p.m. The public statement hearing will begin at 6:00 p.m.
The purpose of the public statement hearing is to receive unsworn comments on the proposed project. Written comments may also be submitted.

All persons, organizations, corporations, or government agencies who may be affected by the proposed permits 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 3 minutes per person to ensure that all persons have an opportunity to be heard. The hearing facility is reasonably accessible to the mobility impaired.

Translator services shall be made available, at no charge, upon written request to the ALJ. All requests must be made to the NYS DEC - Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550, Phone: (518) 402-9003. The request must be received no later than 4:00 p.m. on October 21, 2015. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above no later than 4:00 p.m. on October 21, 2015.

State Environmental Quality Review (SEQR):
NYS DEC completed its SEQRA review of the proposed Cricket Valley Energy Center in connection with the issuance of the Air State Facility permit for the facility (ASF Permit ID: 3-1326-00275/00004) noted above, and, as lead agency, accepted a Final Environmental Impact on July 25, 2012. Inasmuch as the proposed Facility has not substantially changed, the findings and determinations in the FEIS are still applicable. The FEIS is available as indicated below

State Historic Preservation Act (SHPA):
A cultural resource survey was completed for the Facility. Based on the information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) determined that the project will have "No Effect" on cultural resources at the Project Development Area; and the project is unlikely to have an adverse impact on cultural resources at the Laydown Site, provided that CVE completes the Phase 1B survey at the site prior to commencing construction. NYS DEC also consulted with NYS OPRHP in connection with the issuance of the Air State Facility Permit.

Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Document Availability:
NYS DEC has prepared a draft permit and has made a tentative determination to issue a Title V Air Facility Permit for operation of the Facility. In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.3(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the NYS DEC (the "permitting authority") that are relevant to this permitting decision should contact the NYS DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the NYS DEC web site at:

Principal documents related to the SEQR review for Cricket Valley Energy Center are available on the Cricket Valley Energy website at: Additionally, all documents related to the SEQR process, including the Draft and Final EIS Scopes, Draft EIS and Final EIS are available for public review at the following local repositories:

NYS DEC - Central Office
625 Broadway, 4th Floor
Albany, NY 12233-1750
Contact: Stephen Tomasik
Phone: (518) 402-9167

NYS DEC - Region 3 Headquarters
21 South Putt Corners Road
New Paltz, NY 12561
Contact: Daniel Whitehead
Phone: (845) 256-3041

Town of Dover Town Hall
126 East Duncan Hill Road
Dover Plains, NY 12522
Phone: (845) 832-6111

Dover Plains Library
1797 Route 22
Wingdale, NY 12522
Phone: (845) 832-6605

Cricket Valley Energy Office
5 Market Street
Dover Plains, NY 12522,
Phone: (845) 877-0596

Town of Dover website at:

How To Provide Your Comments:
Any interested person may submit comments in writing, or verbally at the public statement hearing. All comments will be considered in making the final decision about issuance of the permit. Written comments about the permit application must be postmarked by November 17, 2015 and email and Fax comments must be received by 5:00 p.m. (EST), November 17, 2015. All public comments on these permits will be reviewed by NYS DEC Staff to determine whether they raise substantive and significant issues that warrant further review through adjudication. It is recommended that specific comments be supported by full documentation and references limited to readily available information. Comments should be sent to the contact listed below.

Contact: Stephen M. Tomasik, NYS DEC - Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750, Phone: (518) 402-9167, Fax: (518) 402-9168, E-mail:

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