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Consolidated Edison Company of New York, Inc.

October 9, 2008

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING

APPLICANT: Consolidated Edison Company of New York, Inc., 4 Irving Place, Room 828, New York, New York 10003-3502

APPLICATION NOS.: Title V DEC ID 2-6206-00012/00016;
Title IV DEC ID 2-6206-00012/00023

PROJECT LOCATION: Con Ed-East River Generating Station, 701-827 East 14th St., New York, NY 10009

PROJECT DESCRIPTION: Consolidated Edison has filed a permit application to renew a Title V (air pollution control program) and a Title IV (Acid Rain program) permit. The facility generates electricity and steam and consists of one (1)1930 MMBtu/hr (million British thermal units) boiler, one (1) 1982 MMBtu/hr boiler, and ten (10) boilers, each with192 MMBtu/hr design capacity when firing natural gas (180 MMBtu/hr when firing oil), and two truncated combined cycle combustion turbine units (2054 MMBtu/hr) with heat recovery steam generators (1332 MMBtu/hr each).

Additional minor modifications were added to the Title V permit renewal application. The applicant proposes to increase the maximum heat input limit of their boilers and duct burners while maintaining existing permit emission limits.

Note: Reference to a Clean Air Interstate Rule ("CAIR") application under Title 6 of the New York Compilation of Codes, Rules and Regulations (NYCRR) in the original notice has been deleted.. On July 11, 2008, the D.C. Circuit vacated EPA's Clean Air Interstate Rule.

With respect to this application, the Department issued a draft permit and a Notice of Complete Application on July 2, 2008. The Notice of Complete Application provided for a public comment period until August 8, 2008. Based on public interest, DEC extended this period to August 22, 2008. Based on the comments received, the Department decided to hold a legislative hearing pursuant to Part 621.

PERMITS: Consolidated Edison has applied for renewal of an air pollution control permit (Title V) pursuant to Article 19 of the Environmental Conservation Law ("ECL") and 6 NYCRR Part 201. DEC has tentatively determined that the application meets all air pollution control requirements of Article 19 and Part 201.

Consolidated Edison has also applied for renewal of a Title IV Acid Rain permit in accordance with 40 Code of Federal Regulations ("CFR") 72.9(c)(1).

SEQRA STATUS: Project is not subject to the State Environmental Quality Review Act (SEQRA) because it is a Type II action which is exempt from this review.

PUBLIC HEARING: A Legislative Hearing for the receipt of public comments on the applications will be held at 7:00PM on Monday, November 17, 2008, at the following location:

New York City Housing Campus Plaza
611 East 13th Street
New York, NY 10009

All persons, organization, corporations, or government agencies who may be affected by the proposed project 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 five (5) minutes per person to ensure that all persons have an opportunity to be heard. The hearing facility is reasonably accessible to the mobility impaired.

WRITTEN COMMENTS: Parties may file written comments with the NYSDEC Division of Environmental Permits, Department of Environmental Conservation, Region 2 Headquarters, 47-40 21st Street, Long Island City, New York 11101, attn: Elizabeth A. Clarke, Project Manager. Written comments will have the same weight as those provided orally. Written comments must be postmarked no later than December 5, 2008.

DOCUMENT AVAILABILITY: The Department has reviewed the application materials, determined that they are complete pursuant to 6NYCRR Parts 201 and 621, made a tentative determination to approve the application and has prepared a draft permit. It has been determined that all statutory and regulatory criteria can be met through the imposition of special permit conditions. The application materials, as well as a draft air permit, are available for review during normal business hours, Monday through Friday, at NYSDEC Region 2, 47-40 21st Street, Long Island City, NY 11101. Contact: Elizabeth Clarke (718) 482-4997.

These materials may also be viewed at the applicant's repository located at:

Tompkins Square Library
331 E. 10th Street
New York, NY 10009
(Phone (212) 228-4747

STATUTORY AND REGULATORY PROVISIONS: The air permit application is being reviewed pursuant to ECL Article 19 (Air Pollution Control) and 6NYCRR Part 201 (General Provisions - Air Pollution Control); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).

October 9, 2008

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