Notice of Final Determination to Issue Prevention of Significant Deterioration (PSD) Permit

Applicant: Heritage Power LLC, 59 Independence Way, Oswego, New York 13126

Application Number: DEC # 7-3556-00097/00001
PSC Case # 99-F-0558

Prior Public Notices: On August 9, 2000 the Department of Environmental Conservation (Department) issued a Notice of Public Comment Period, and Combined Notice of Complete Application, Public Hearing and Issues Conference and a Notice of Determination to Issue Prevention of Significant Deterioration (PSD) Permit indicating that it had made a tentative determination that the proposed construction of a 800 megawatt (MW) natural gas-fired, combined cycle combustion turbine generating plant, by the Heritage Power LLC was subject to and satisfied the federal requirements for the Prevention of Significant Deterioration (PSD) contained in 40 CFR 52. These notices were published in the Environmental Notice Bulletin (ENB) and in two local newspapers. In addition, a legislative public hearing was also held before Administrative Law Judge Daniel P. O’Connell on September 26, 2000 and a public comment period was held from August 9, 2000 through September 27, 2000.

Final Determination: The Department has determined that the project will be controlling the emissions of PSD affected air pollutants with the Best Available Control Technology (BACT). The Department has also verified that the emissions of these PSD affected air pollutants will not cause or significantly contribute to the exceedence of National Primary or Secondary Ambient Air Quality Standards, and will not consume more than the allowable PSD air quality increment where one exists. A LAER (Lowest Achievable Emission Reduction) determination for NOx was made independently pursuant to the Department’s authority under 6 NYCRR Part 231 and is consistent with the NOx emission limits contained in this permit. Comments were received from the United States Environmental Protection Agency (EPA) and Heritage Power LLC and were incorporated into this final decision; EPA therefore concurs with this final decision.

Accordingly, a final PSD permit decision has been issued. Pursuant to 40 CFR 124.15 the permit will become effective 30 days from the issuance of the Department’s final decision. A Department response to comments received has been prepared and sent to persons and parties who previously commented.

Appeal Procedure: Pursuant to the Consolidated Permit Regulations 40 §§ CFR 124.19 any persons or parties who filed comments on the draft PSD permit or participated in the public hearing may petition the United States Environmental Protection Agency (EPA), Environmental Appeals Board to review any condition of the permit decision. Any person who failed to file comments or failed to participate in the public hearing on the draft permit may petition for administrative review only to the extent of the changes from the draft to the final permit decision. Any such petition for review must be made within 30 days of the service of notice of the final decision and 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). All pleadings filed by mail must be addressed to the Environmental Appeals Board, MC 1103B, U.S. EPA, 401 M Street, S.W., Washington, D.C. 20460. The Board's telephone number is (202) 501-7060. The Board's fax number is (202) 501-7580.

Upon completion of any administrative review process by the Environmental Appeals Board the final decision will become the final agency action and will be published in the Federal Register. In addition, those who appeal for administrative review may further petition for judicial review within 60 days of the Federal Register data.

For a copy of the final permit decision or additional information on the appeals procedure contact: Robert Ewing, Project Manager, NYSDEC, Division of Environmental Permits, 50 Wolf Road, Albany. New York 12233-1750, (518) 457-9219.

Negative Declaration

Onondaga County - The Board of Trustees of the Village of Fayetteville, as lead agency, has determined that the proposed Repeal of Article 2 Dogs at Large of chapter 65 Dogs and Other Animals of the Code of the Village of Fayetteville will not have a significant adverse environmental impact. The will permit enforcement of these issues by the Town of Manlius pursuant to New York State Agricultural and Markets Law Section 114 and the Town of Manlius Dog Control Law.

Contact: James E. Hughes, Hancock and Estabrook, LLP, 1500 Mony Tower 1, PO Box 4976, Syracuse, NY 13221-4976, phone: (315) 471-3151.