APPENDIX F

---

NEW YORK SITING PROCESS

In the State of New York, applications to construct and operate an electric generating

facility with a capacity of 80 MW or more are ruled upon by the New York State Board on

Electric Generation Siting and the Environment (NYS Siting Board) after various filings and

hearings. The NYS Siting Board is comprised of chairmen and commissioners of various state

agencies. The NYS Siting Board also includes two members of the public, appointed by the

Governor of New York for each project, who reside near the proposed site.

The New York siting process requires the applicant to file a preliminary scoping

statement for the proposed project, describing the following: the proposed facility and its

environmental setting; potential environmental impacts from construction and operation;

proposed mitigation of potential environmental impacts; and reasonable alternatives to the

proposed facility. During this pre-application phase, a hearing examiner may mediate

disagreements on the scope and method of any environmental impact studies needed in the

application.

The application itself must contain the following: a description of the facility and the

site including all applicable environmental characteristics; studies of impacts on air, water,

visual resources, land use, noise levels, health, and other matters; proof that the proposed

facility will meet state and federal health, safety, and environmental regulations; applications

for air and water permits; and a complete report of the applicant’s public involvement program

activities and how it encouraged citizens to participate.

The applicant must publish notice that it filed the preliminary scoping statement and the

application, and serve copies of those documents on interested state agencies, members of the

legislature, municipalities, local libraries, and other interested persons and organizations.

During the siting process, the applicant must carry out a meaningful public involvement

program. The applicant is expected to hold public meetings, offer presentations to individual

groups and organizations, and establish a presence in the community (

e.g.

, establishing a local

office, toll-free telephone number, Internet Web site, or a community advisory group).

To facilitate the ability of local government and the public to evaluate the proposed

project, New York requires that the applicant provide funds for intervenors to use in the siting

process. When the applicant submits the application, it must include a fee of $1,000 per MW

of capacity, not to exceed $300,000, to be used as an intervenor fund. The funds are awarded

to municipal and other local parties to help pay for the expenses of expert witnesses and

consultants. At least 50% of the fund is designated for the use of municipalities. The

applicant receives any intervenor funds remaining at the end of the case.

The New York State Department of Environmental Conservation (DEC) reviews

applications for air and water permits submitted as part of the siting process application. The

DEC must provide the permits to the NYS Siting Board before that board decides whether to

---

approve siting by granting the applicant a Certificate of Environmental Compatability and

Public Need. To grant a Certificate, the NYS Siting Board must determine:

•

Either:

Construction of the facility is reasonably consistent with the most recent state energy

plan (the final 1994 plan assesses the state’s current energy supplies, infrastructure, and

policies, and forecasts energy needs and supplies through 2012), or

The electricity generated by the facility will be sold into the competitive market;

•

The nature of the probable environmental impacts, including an evaluation of

cumulative air quality impacts;

•

The facility minimizes adverse environmental impacts, given environmental and other

pertinent considerations;

•

The facility is compatible with public health and safety;

•

The facility will not discharge or emit any pollutants in violation of existing

requirements and standards;

•

The facility will control the disposal of solid and hazardous wastes;

•

The facility is designed to operate in compliance with state and local legal provisions,

other than those local legal provisions that the NYS Siting Board finds unreasonably

restrictive; and

•

The construction and operation of the facility is in the public interest.

Various state agencies involved in the environment, public health, or energy are

normally active parties in the New York siting process. Any municipality or resident within a

five-mile radius of a proposed facility can become a party to the proceeding. Any organization

or resident outside of the five-mile radius may request party status. Party status enables the

person or entity to submit testimony, cross-examine witnesses, and file legal briefs. The NYS

Siting Board’s goal is to decide whether to grant siting within 14 months after it receives the

application.

---

APPENDIX G

---

CALIFORNIA SITING PROCESS

California has empowered the California Energy Commission (CEC) to conduct a

consolidated approval process for siting all power plants that will have electric generating

capacities of 50 MW or larger. The CEC’s siting responsibilities include statewide planning

analysis. The siting process allows the project applicant to submit a single application for all

necessary state and local approvals and provides analysis of all aspects of a proposed project,

including need, environmental impact, safety, efficiency, and reliability.

The CEC has exclusive authority to approve the construction and operation of these

plants. While the CEC’s authority supercedes the authority of other state and local agencies,

the CEC solicits their participation in the siting process to ensure compliance with all

applicable requirements, including local requirements. Under this approach, the applicant

seeks a single regulatory permit from the CEC.

The California siting process, which has public hearings and allows the public to

participate, has two main phases. The first phase is expected to take nine months to one year

to complete. It typically involves a conceptual review of the project, determining the need for

a proposed plant, site suitability and acceptability, and alternatives to the proposed project.

The second phase is expected to take 12 to 18 months to complete. It involves consideration of

the specific site, technology, and equipment. In the second phase, the design, construction,

operation, and closure of the power plant is reviewed against applicable laws, rules, and

ordinances. The second phase is used to identify negative environmental effects and ways to

mitigate them. The CEC also determines, or reconfirms, the need for the facility.

The California siting process includes a public adviser, nominated by the CEC and

appointed by the Governor of California to a three-year term. The public adviser is

responsible for ensuring that the public and other interested parties have full opportunities to

participate in the siting process. The public adviser does not act as the public’s legal counsel

before the CEC but instead advises the public on how to effectively participate in the

proceedings.

California has experienced delays with its siting process, resulting in changes to the

program. The CEC amended its procedures to allow any proponent of a natural-gas fired

merchant power plant to proceed to the second phase without applying for an exemption from

the first phase. Apparently the California legislature created a “fast track” siting process of six

months for new electric generating facilities presenting no significant adverse environmental

impacts. It also appears that, under that legislation, a simple cycle peaker plant can receive a

three-year operating permit in less than four months if it presents no significant adverse

environmental impacts and is equipped with certain stringent emission control technology. A

permit condition, however, requires the facility, within three years, to either convert to a

combined cycle operation or cease operating.

---

APPENDIX H

---

ILLINOIS SB 172 SITING CRITERIA

The Environmental Protection Act’s pollution control facility siting criteria are as

follows:

i.

the facility is necessary to accommodate the waste needs of the area it is

intended to serve;

ii.

the facility is so designed, located and proposed to be operated that the

public health, safety and welfare will be protected;

iii.

the facility is located so as to minimize incompatibility with the character

of the surrounding area and to minimize the effect on the value of the

surrounding property;

iv.

(A) for a facility other than a sanitary landfill or waste disposal site, the

facility is located outside the boundary of the 100 year floodplain or the

site is flood-proofed; (B) for a facility that is a sanitary landfill or waste

disposal site, the facility is located outside the 100-year floodplain, or if

the facility is a facility described in subsection (b)(3) of Section 22.19a,

the site is flood-proofed;

v.

the plan of operations for the facility is designed to minimize the danger

to the surrounding area from fire, spills, or other operational accidents;

vi.

the traffic patterns to or from the facility are so designed as to minimize

the impact on existing traffic flows;

vii.

if the facility will be treating, storing or disposing of hazardous waste,

an emergency response plan exists for the facility which includes

notification, containment and evacuation procedures to be used in case of

an accidental release;

viii. if the facility is to be located in a county where the county board has

adopted a solid waste management plan consistent with the planning

requirements of the Local Solid Waste Disposal Act or the Solid Waste

Planning and Recycling Act, the facility is consistent with that plan; and

ix.

if the facility will be located within a regulated recharge area, any

applicable requirements specified by the Board for such areas have been

met. 415 ILCS 5/39.2(a) (1998).

---

APPENDIX I

---

LAWS and

Electric Utility Restructuring

Efforts

(5/00)

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/pbp.html

The ACC issued an order that requires electricity providers to derive 1.1

% of their total product from renewable energy sources by 2007.

Implementation will begin with 0.4 % from renewables by January 1,

2001. 50 % of their renewable power must be derived from solar-

generating facilities.

Siting

“

Guidance for Power Plant

Siting and Best Available

Control Technology

,”

July 22, 1999

http://www.arb.ca.gov/powerpl/p

owerpl.htm

In July 1999, the CA Air Resources Board approved guidelines for

major power plant permits. The guidelines are intended to ensure that

air districts require power plants to use the cleanest emissions control

technology currently available. Districts will also be expected to require

newer, cleaner control technology as it becomes available. This

document doesn’t establish any new laws or rules but provides

guidance on applying existing state & federal rules and authority to

peaker/merchant power plants.

•

SITING:

California Energy Commission (CEC) and local Air

Districts have control over siting power plants >50 MW. Electric

generating facilities >50 MW are required to receive certification

from the Energy Facilities Siting and Environmental Protection

Division. Certifications are open to the public.

In the siting phase, the design, construction, operation, and closure

of the power plant is closely examined in relation to applicable laws,

ordinances, rules, and standards. Adverse environmental effects

are identified and mitigation measures established. The need for

the facility is determined, or reconfirmed, if preceded by a Notice of

Intent. The siting process ensures that the proposed power plants

are safe, reliable, environmentally sound, and comply with all

applicable requirements. The Siting Division also oversees

construction and operation.

Air

•

AIR DISTRICTS:

Local Air Districts provide analysis and

recommendations to the CEC on proposed projects to determine

compliance with air pollution control regulations. The Local Air

Districts utilize a permitting process to control emissions from non-

vehicular sources (stationary sources) that is incorporated into the

CEC’s power plant siting process. The CEC’s power plant siting

regulations specifically provide for the district’s participation in the

process. Each district’s regulations may vary depending on the air

quality conditions in the district and the district’s policies and

strategies for attaining or maintaining compliance with the federal

and State ambient air quality standards. The district’s analysis and

recommendations are provided to the CEC in a document known

as a Determination of Compliance (DOC).

State Laws & Regulations

Peaker Plants

---

Air

•

BEST AVAILABLE CONTROL TECHNOLOGIES:

Major sources

are required by permit to use “California BACT”, which is equivalent

to the more stringent federal lowest achievable emission rate

(LAER) in most California air districts.

•

EMISSIONS OFFSETS:

Air pollution control and air quality

management district (district) new source review (NSR) rules and

regulations employ both best available control technology (BACT)

and emission offset requirements to reduce the impact on air

quality from new or modified stationary sources. If emission

increases are above certain specified levels, district NSR rules

require the application of BACT. If the emission increases after the

installation of BACT are still above specified levels, then emission

offsets may be required.

•

AIR IMPACT ANALYSIS:

California Health & Safety Code requires

Air Districts to evaluate air quality impacts in addition to the Federal

CAA requirements on Prevention of Significant Deterioration. This

ensures new permits will not be issued for emission units (sources)

that will prevent or interfere with the attainment or maintenance of

any applicable air quality standard.

•

HEALTH RISK ASSESSMENT:

Power plant applicants are asked

to submit a Health Risk Assessment under the California

Environmental Quality Act and the Health & Safety Code. A health

risk assessment addresses three categories of health impacts from

all pathways of exposure, if appropriate: acute health effects from

inhalation only, chronic non-cancer health effects, and cancer risks

from multiple exposure paths.

•

ADDITIONAL PERMITTING CONSIDERATIONS:

Permits

address startup/shutdown emissions, continuous air monitoring,

sulfur content of fuel, and ammonia slip from air pollution controls.

Water Recycling Act of 1991

http://leginfo.ca.gov

•

Established grants and loans for water reclamation projects and

encouraged water reuse among suppliers.

•

Applies only to public entities that produce or supply water and to

entities responsible for groundwater replenishment.

Portfolio

An Act Concerning Electric

Restructuring

(RB 5005)

(4/98)

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/tab5rev.html#CT

•

The bill requires renewable energy funding, a 5.5 % renewable

portfolio standard, and environmental protections.

State Policy Regarding

Noise

(CT General Statutes Ch. 442,

Sec. 22a-67 to 22a-76)

http://www.cslib.org////statutes/tit

le22a/t22a-p5.htm

•

Noise regulations address impulse noises and a model ordinance.

---

Electrical Power Plant Siting

Act, 1973

(Florida Statute Section

403.501-.518)

http://www.dep.state.fl.us/siting/P

rograms/progER-pps.htm

•

FL has an

Siting Coordination Office

that is responsible for siting

of:

¾

Electrical Power Plants

¾

Electrical Transmission Lines

¾

Natural Gas Transmission Pipelines

¾

High Speed Rails

¾

Hazardous Waste Facilities

•

Electrical Power Plant Siting Act applies only to steam or solar

electric generation > 75MW. This would include combined-cycle

plants but not simple-cycle combustion turbines.

•

Final approval body for the permits is not the Siting Board, but the

Department of Environmental Protection.

•

Fees are charged to the applicant.

•

BACT for NOx is 9 ppm based on dry low NOx combustion

technology.

Ten Year Site Plan

Requirements (TYSP)

(Part of the electrical power

plant siting process)

•

The Public Service Commission (PSC) oversees the submission of

plans by the utilities that describe current generation capacity and

anticipated need for more capacity. The TYSPs also provide

generic information on future sites for power plants to

accommodate the anticipated need. This information includes land

use data, environmental factors, and similar topics which allows

other state and local agencies to comment on the Plans to the

PSC. Based on this information and its own conclusions, the PSC

will determine the suitability of the plan.

Need Determination

(Part of the electrical power

plant siting process, s.

403.519, F.S.)

•

Need Determination is a formal process and is conducted by the

Public Service Commission (PSC). The PSC reviews the need for

the generation capacity that would be produced by the proposed

facility in relation to the needs of the region, and to the state as a

whole. The PSC also looks at whether the facility would be the

most cost-effective means of obtaining the capacity.

Statement

(Statute section 62-1.211(1),

F.A.C.)

http://www.dep.state.fl.us/siting/L

aw_Rule/apform-pps-a.htm

•

Site certification application forms for power plants resemble an

Environmental Impact Statement. Site Certifications are issued by

the Governor and Cabinet. Prior to issuance of a Site Certification,

the Department of Environmental Regulation (DER), Department of

Community Affairs (DCA), Public Service Commission (PSC),

Water Management Districts (WMD), and other affected agencies

are required to assess the potential effects upon the environment,

ecology and society by the proposed plant in order to insure that

the construction and operation of the plant will be consistent with

applicable environmental standards.

Water Withdrawal Permits

http://www.ganet.org/dnr/environ/abo

utepd_files/branches_files/wrb.htm

•

GA has a Water Withdrawal Permit Program.

•

Develops short-term and long-term water management policies and

strategies to address environmental problems induced by

unsustainable use of Georgia's water resources.

Air Permit Modeling

http://167.193.59.200/metdata/

•

GA maintains a Web site with geographical meteorological data for

air permit modeling based on 5 years of data.

HAWAII

---

Noise

Noise Pollution

(Hawaii

Revised Statutes Chapter

342F)

http://www.capitol.hawaii.gov/hrs

current/Vol06/hrs342f/HRS_342F

.htm

•

Hawaii’s noise regulations incorporate both a permit program and

enforcement provisions.

ILLINOIS

Air

Air Pollution

(35 IL Admin Code, Subtitle B)

http://www.ipcb.state.il.us/title35/

35conten.htm

•

State rules follow federal requirements.

Renewable Energy

Initiatives

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/pbp.html

•

09/00 - Chicago Mayor Richard M. Daley announced that the City

of Chicago and 47 other local government bodies plan to buy

electric power as a group, requiring that 20% of the purchase (80

MW) come from renewable energy. The City has issued a request

for proposals to the 13 licensed power providers in Illinois. This is

the first opportunity that government agencies have had to

purchase power competitively since Illinois passed its restructuring

law.

•

10/99: Commonwealth Edison plans to allocate $250 million to a

special fund to support environmental initiatives and energy-

efficiency programs throughout the State.

Noise

Noise

(35 Illinois Admin.

Code 900 – 952)

http://www.ipcb.state.il.us/title35/

35conten.htm

•

According to Greg Zak of the IEPA, Illinois is more active than any

other state in regulating noise. However, some states may have

cities that regulate noise through local ordinances.

INDIANA

Air

•

Requires BACT for all new projects emitting >25 tons per year

VOM.

Siting

•

Requires public utilities to obtain a

certificate of necessity

prior to

constructing electric generating facilities. (The Indiana Utility

Regulatory Commission considers Independent Power Producers

to be public utilities.)

Water

Water Rights & Resources

(Indiana Code, 14-25)

http://www.ai.org/dnr/index.html

http://www.ai.org/legislative/ic/co

de/title14/ar25/ch4.html

•

Registration and annual reporting requirement for owners of

significant water withdrawal facilities (> 1,000,000 gallons/day of

surface water, groundwater, or combination).

•

Natural Resources Commission (NRC) has statutory authority to

require, by rule, a permit for most water withdrawals from navigable

waters, but authority has not yet been exercised.

•

NRC is required to develop and maintain inventories, gather and

assess all information needed to properly define water resource

availability.

•

NRC can establish, by rule, minimum stream flows.

•

Where groundwater is threatened, Department of Natural

Resources (DNR) may designate a “restricted use area.” Permit is

then required for withdrawal of >100,000 gal/day beyond use at

time of restricted use designation. In granting or refusing a permit,

the DNR considers the concept of beneficial use.

IOWA

---

Electric Utility Restructuring

Legislation

(3/00)

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/tab5rev.html#CT

•

The DNR has proposed including a Renewable Portfolio Standard

in restructuring legislation. The proposal would require renewable

energy sources, such as wind, to be 4% in 2005 and increase to

10% by 2015.

•

Each peaker application is reviewed for acid rain potential and, in

some cases, new sources must purchase credits from USEPA.

Water Allocation and Use;

Flood Plain Control

(Code of Iowa, 455B.261-290)

(1999)

http://www.state.ia.us/dnr/organiz

a/epd/wtrsuply/alloca.htm

http://www.legis.state.ia.us/cgi-

bin/IACODE/Code1999SUPPLE

MENT.pl

•

Permit is required for any person who diverts, stores or withdraws

>25,000 gal of water/day (surface or groundwater). Permits are

generally issued for 10 years but, depending on geological

conditions, can be for lesser period of time.

•

Permit program insures consistency in decisions on allocations.

Allocations are based upon concept of “beneficial use,” the key

points of which are:

1. water resources are to be put to beneficial use to the fullest

extent;

2. water and unreasonable uses are prevented;

3. water conservation is expected;

4. established average minimum instream flows are protected.

•

Administrative process resolves water use conflicts.

•

Provisions are in place for public involvement in issuing water

allocation permits and in generally establishing water use policies.

KENTUCKY

Air

•

State rules follow federal air requirements.

Kentucky State Noise

Control Act

(Kentucky Revised Statutes:

KRS 220.30-100 to 220.30-

190)

http://162.114.4.13/KRS/224-

30/CHAPTER.HTM

•

Regulations address a model ordinance.

Electric Utility Restructuring

Legislation

(5/97)

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/pbp.html

•

Maine's restructuring legislation contains the nation's most

aggressive renewables portfolio, requiring 30% of generation to be

from renewable energy sources (including hydroelectric).

MASSACHUSETTS

•

Electric Utility Restructuring

Legislation

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/pbp.html

•

Massachusetts restructuring legislation includes a renewable

portfolio requirement and established a renewable energy fund,

funded via a system benefits charge. Funds will also be used to

create initiatives to increase the supply of and demand for

renewable energy.

MICHIGAN

Emissions Limitations and

Prohibitions – New Sources

of VOC Emissions

(R336.1702)

http://www.deq.state.mi.us/pub/a

qd/rules/part7.pdf

•

Requires BACT for all new sources of VOCs.

---

Siting

Power Plant Siting Act

(MN Admin Code 116C.51-

69.)

http://www.revisor.leg.state.mn.u

s/stats/116C/

•

Power Plant Siting Act applies to facilities greater than 50 MW.

•

The siting authority is the State Environmental Quality Board whose

purpose is to locate facilities compatible with environmental

preservation and efficient use of resources. The Board is to choose

locations that minimize adverse human and environmental impact

while insuring continuing electric power system reliability and that

electric energy needs are met.

•

The Board develops an inventory of study areas to guide the site

selection process. The inventory is developed in a public planning

process where all interested persons can participate in developing

the criteria and standards to be used by the Board.

•

A utility (public or private) must apply to the Board for designation

of a specific site for a specific size and type of facility. The

application shall contain at least two proposed sites. The Board

has 12-18 months to issue a decision. When the board designates

a site, it issues a

certificate of site compatibility

to the utility with any

appropriate conditions. No large electric power generating plant

can be constructed except on a site designated by the Board.

•

In designating a site, the Board considers:

¾

effects on land, water and air resources;

¾

effects of water and air discharges and electric fields resulting

from such facilities on public health and welfare, vegetation,

animals, materials and aesthetic values, including base line

studies, predictive modeling, and monitoring of the water and air

mass at proposed and operating sites and routes;

¾

new or improved methods for minimizing adverse impacts of

water and air discharges and other matters pertaining to the

effects of power plants on the water and air environment;

¾

sites proposed for future development and expansion and their

relationship to the land, water, air and human resources of the

state;

¾

effects of new electric power generation and transmission

technologies and systems related to power plants designed to

minimize adverse environmental effects;

¾

potential for beneficial uses of waste energy from proposed

large electric power generating plants;

¾

direct and indirect economic impact of proposed sites and

routes including, but not limited to, productive agricultural land

lost or impaired;

¾

adverse direct and indirect environmental effects which cannot

be avoided;

¾

alternatives to the applicant's proposed site

¾

irreversible and irretrievable commitments of resources should

the proposed site or route be approved; and

¾

where appropriate, consideration of problems raised by other

state and federal agencies and local entities.

•

The Board must hold a public hearing in the county where the

proposed facility is to be located.

---

Water

Water Supply Management

(MN Statutes: Ch. 103G)

http://www.revisor.leg.state.mn.u

s/stats/103G

http://www.dnr.state.mn.us/water

s/programs/water_mgt_section/ap

propriations/permits.html

http://www.dnr.state.mn.us/water

s/programs/water_mgt_section/ap

propriations/progdesc.html

•

Permit is required for all users withdrawing (surface and

groundwater) more than 10,000 gallons per day or 1 million gallons

per year. (Exceptions include: domestic uses serving less than 25

person, certain agricultural drainage systems, test pumping of a

groundwater source, and reuse of water already authorized by

permit, e.g., water purchased from a municipal water system.)

•

Permits are granted for no longer than 5 years.

•

Policy is to manage water resources to ensure an adequate supply

to meet long-range seasonal requirements for domestic,

agricultural, fish and wildlife, recreational, power navigation, and

quality control purposes.

•

Water Appropriation Permit Program exists to balance competing

management objectives that include both development and

protection of MN’s water resources.

•

Permitted users are required to submit annual reports of water use.

Reported information is used to evaluate impacts and to aid in

resolving conflicts.

Noise

Noise Pollution Control

(MN Rules Chapter 7030)

http://www.revisor.leg.state.mn.u

s/arule/7030/

http://www.pca.state.mn.us/progr

ams/pubs/noise.pdf

•

The Minnesota Pollution Control Agency (MPCA) is empowered to

enforce the state of Minnesota noise rules.

MISSOURI

Air

•

State air rules follow federal requirements.

•

Major source threshold is 100 tons per year.

Geology, Water Resources

and Geodetic Survey

(

Missouri Revised Statutes,

Chapter 256)

http://www.dnr.state.mo.us/dgls/

wrp/waterusestatutes.htm

http://www.moga.state.mo.us/stat

utes/c200-299/2560400.htm

•

Major water users must register with Department of Natural

Resources (DNR). A major water user is defined as an entity that

is capable of withdrawing or diverting 100,000 gal or more per day

from any water source.

•

Failure to register may result in DNR request that Attorney General

file action to stop all withdrawal or diversion. Purpose of

registration program is to insure the development of information

required for the analysis of certain future water resource

management needs.

Portfolio

Electric Utility

Restructuring, AB 366

(6/99)

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/tab5rev.html#CT

•

AB 366 provides that the PUC establish portfolio standards for

renewable energy. The standard will phase-in a requirement

(beginning with 0.2 % by January 2001 and adding 0.2 % of a

percent biannually) that 1% of energy consumed be from

renewable energy resources.

Water Supply Management

Act

(NJAC 7:19-1)

•

Water resources management is required for >100,000 gallons per

day.

---

Noise

Noise Control Rules

(NJAC 7:29)

http://www.state.nj.us/dep/enforc

ement/pcp/olem-noise.htm

•

The NJ Department of Environmental Protection (NJDEP) has

developed a Model Noise Ordinance that can be adopted by local

municipalities.

•

NJDEP does not have a noise control program and does not

investigate noise complaints. Noise control is handled locally.

Electric Utility Restructuring

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/pbp.html

•

The restructuring legislation in NJ requires spending $230 million

for home weatherization, renewable energy and other programs,

and increases spending on new energy conservation programs.

Also, electric generation companies must disclose a set of

environmental characteristics, including power plant fuels and

emissions.

Siting

Siting and Approval

(Article X of Public Service

Law)

http://www.dps.state.ny.us/articl

ex.htm

•

The NY Public Service Commission (NY State Board on Electric

Generation Siting and the Environment ) is in charge of siting and

approval of all new power plants.

•

Article X of the Public Service Law sets forth a unified and

expedited review process for applications for power plants > 80

MW.

•

Proceedings are open to the public

•

Siting Board may preempt local zoning.

•

Siting may take up to 18 months.

•

Siting Board must determine:

1.

either:

(a) construction of the facility is reasonably consistent with the

most recent

State Energy Plan

, or

(b) the electricity generated by the facility will be sold into the

competitive market;

2.

the nature of the probable environmental impacts (including an

evaluation of cumulative air quality impacts);

3.

the facility minimizes adverse environmental impacts, given

environmental and other pertinent considerations;

4.

the facility is compatible with public health and safety;

5.

the facility will not discharge or emit any pollutants in violation of

existing requirements and standards;

6.

the facility will control the disposal of solid and hazardous

wastes;

7.

the facility is designed to operate in compliance with state and

local legal provisions, other than those local legal provisions that

the Siting Board finds unreasonably restrictive; and

8.

the construction and operation of the facility is in the public

interest.

Intervenor Fund for Siting

Review

(Article X, Section 164)

ƒ

Power plant applicants are required to pay $1,000 per MW of

capacity up to $300,000 to establish an Intervenor Fund.

ƒ

Funds are used to defray expenses associated with the siting

review.

Proposed Amendment to

Article X

(New York State Bill A09039)

ƒ

The bill would authorize the Commissioner of Environmental

Conservation to issue environmental permits necessary to the siting

of an electric generation facility if the Siting Board is unable to do so

and would make some technical changes to the siting law.

ƒ

The bill would also require the Energy Planning Board to do a

reliability study of the state’s transmission and distribution systems.

---

New York State Energy Plan

1994

(New York State Energy

Office)

•

The Final 1994 State Energy Plan calls for significant reductions in

State energy taxes and endorses greater competition in utility

purchases of electricity in order to lower electric rates in the state.

The plan reaffirms the state's long-term energy, economic and

environmental goals and its commitment to energy efficiency, but

places increased emphasis on the use of energy policy as a means

to promote sustained economic development. The plan assesses

New York's current energy supplies, infrastructure and policies, and

forecasts energy needs and supplies through the year 2012. Based

on those findings, the plan sets policy goals and objectives and

recommends 180 specific actions. The plan was prepared by the

staffs of the State Energy Office and the State Departments of

Environmental Conservation and Public Service in response to

1992 legislation that formalized Governor Mario Cuomo's model for

integrated energy planning. The State Energy Planning Board,

which approved the plan on October 31,1994 is made up of the

commissioners of those three agencies. State energy law requires

that any state action related to energy be reasonably consistent

with the plan's findings and recommendations.

Water

Water Supply Permits

(Chapter 6, New York Codes,

Rules and Regulations. Part

601: 6 NYCRR 601)

•

Required for suppliers of potable water with 5 or more service

connections.

•

Applicants must demonstrate:

1. Plans are justified by public necessity.

2. Plans take proper consideration of other sources of supply

which are or may become available.

3. Plans provide for proper and safe construction of all work

connected therewith.

4. Plans provide for proper sanitary control of the watershed and

proper protection of the supply.

5. Plans provide for an adequate water supply.

6. Plans are just and equitable to the other municipal corporations

and civil divisions of the state affected thereby and to the

inhabitants thereof, particular consideration being given to the

present and future necessities for sources of water supply.

7. Plans make fair and equitable provisions for the determination

and payment of any and all damages to persons and property,

both direct and indirect, which result from the acquisition of said

lands or the execution of said plans.

8. Plans, in accordance with local water resources needs and

conditions, include a description of an adequate near term and

long range water conservation program.

•

Entities holding Water Supply Permits must report average and

peak usage to the NY Department of Environmental Conservation

annually. If customer demand grows (i.e., new peaker plant begins

withdrawing from the water supply), supplier must re-demonstrate

the above to the state if the demand exceeds amount authorized in

the Water Supply Permit.

Water Well Program

(Environmental Conservation

Law 15-1525)

•

Pre-notification must be filled with the state prior to drilling

specifying desired yield.

•

No restrictions are specified on the amount of water withdrawal.

However, under NY Civil Law, property owners have water rights.

If a well causes drawdowns that impact an off-site property owner’s

water use, then they can sue.

---

Water Withdrawal

Registration

(6 NYCRR, Chapter X,

Subchapter A, Article 1)

•

Applies to withdrawals from Great Lakes:

•

Great Lakes (6 NYCRR 675):

ƒ

withdrawals >100,000 gpd averaged over 30-day period

-

OR -

ƒ

lake water loss > 2,000,000 gpd averaged over 30-day

period

•

No restrictions are specified on the amount of water withdrawal, just

that withdrawals must be registered. Registration fee is $100 /

year.

Long Island Water

Withdrawal Restrictions

•

Water withdrawals from wells are restricted by quantity on Long

Island since over pumpage of groundwater on Long Island can

cause infiltration of saltwater into the aquifer.

Electric Utility Restructuring

•

Funds to support energy conservation and renewable energy are

made available to energy suppliers from the New York State

Energy Research and Development Authority. Funds were created

through the New York Public Service Commission order

establishing a system benefits charge on electricity sales.

Siting

OH Admin. Code 4906:

Power Siting Board

http://onlinedocs.andersonpublish

ing.com/oac/

•

The Ohio Power Siting Board within the Public Utilities Commission

is the approval authority for all major utilities > 50 MWe.

•

Meetings of the Board where action is taken or deliberations

conducted are open to the public.

•

Applicants for new facilities must consider at least 1 alternate site.

•

Applications are required to address:

¾

Justification of Need:

ƒ

Description of generation and associated facility

alternatives

ƒ

Type, number of units, and estimated net demonstrated

capability, heat rate, annual capacity factor, and hours of

annual generation

ƒ

Land area requirement

ƒ

Fuel quantity and quality

ƒ

Types of pollutant emissions

ƒ

Water requirement, source of water, treatment, quantity of

any discharge and names of receiving streams

¾

Siting issues:

ƒ

Location

ƒ

major features

ƒ

the topographic, geologic, and hydrologic suitability for

each alternate site

¾

Water:

ƒ

natural and man-affected water budgets

ƒ

existing maps of aquifers which may be directly affected

¾

Emissions control & safety equipment

¾

Local ambient air quality of proposed sites

¾

Locations of major and anticipated sources of air pollution

¾

Plans for future additions and the maximum generating capacity

anticipated for the site.

¾

Financial data

¾

Environmental data

---

¾

Social and ecological data:

ƒ

Noise

ƒ

Health & Safety

ƒ

Impact of water use

ƒ

Economics, land use, and community development

ƒ

Cultural impact

ƒ

Agricultural district impact

•

After the Board certifies applications for new facilities, public

hearings are held in the local vicinity of the proposed facility.

•

The Board collects application fees.

NOx – Reasonably Available

Control Technology

(OAC 3745-14)

http://onlinedocs.andersonpublish

ing.com/oac/

•

According to IEPA, certain minor sources must use BAT (Best

Available Technology), OAC 3745-14-3.

•

Major sources are required to use BACT per federal regulations:

15 ppm NOx for natural gas turbines, 42 ppm NOx for oil burning.

•

For NOx sources >100 tpy, Reasonably Available Control

Technology (RACT) is required in certain counties. RACT for

combustion turbines is 75 PPMVD for those firing gaseous fuels

and 110 PPMVD for those firing distillate oil or diesel fuel.

Application for Permit for

major increase in withdrawal

of waters of the State

(Ohio Revised Code 1501.30

Registration of facilities

capable of withdrawing

>100,00 gal/day;

Groundwater Stress Areas

Determination of reasonable

use of water

(Ohio Revised Code 1521.17)

http://onlinedocs.andersonpublish

ing.com/revisedcode/

http://www.dnr.state.oh.us/odnr/w

ater/waterinv/waterinv.html

•

Permits are required for those making a new or increased

consumptive use of water than an average of 2 millions gallons per

day over a 30-day period.

•

Registration is required for any facility or combination of facilities

with the capacity to withdraw more than 100,000 gallons of water

(surface or ground) daily. Annual reporting is required of those who

must register. The purpose of registration and reporting is to gather

data to assist in resolving future water use conflicts.

•

Chief of DNR Division of water has authority to designate “ground

water stress areas” and to require water withdrawal registration in

these areas for users of water less than the normal 100,000 gallon

threshold.

•

Chief also has responsibility to maintain water Resources Inventory

that must include information to assist in determining the

reasonableness of water use.

•

While “reasonable use” is used by courts to determine water

conflicts, legislature has set forth nine specific factors (applicable to

both surface and groundwater) which define reasonableness.

•

“Consumptive use” is defined as a use of water resources other

than a diversion that results in a loss of that water to the basin from

which it is withdrawn and includes, but is not limited to, evaporation,

evapotranspiration, and incorporation of water into a product or

agricultural crop.

Energy

Electric Utility Restructuring

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/pbp.html

•

Restructuring legislation includes a provision for a $110 million

revolving load fund for residential and small commercial energy

efficiency and renewable energy projects. Also, electricity

marketers must disclose environmental information to consumers.

Noise Control Classification

of Violations

(Oregon Admin. Rules 340-

012-0052)

http://arcweb.sos.state.or.us/rules/

OARS_300/OAR_340/340_012.h

tml

•

Regulations address a model ordinance.

---

PENNSYLVANIA

Stationary Sources of NOx &

VOCs

(Pennsylvania Code Ch.

129.91)

http://pacode.com/secure/data/025

/chapter129/chap129toc.html

•

PA charges emissions fees: $42/ton (1999).

•

PA requires RACT (Reasonably Available Control Technology) for

all major sources of VOC, NOx.

Energy Portfolio

Electric Utility Restructuring

(9/00)

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/pbp.html

•

A $21 million Green Energy Fund was created by the Public Utilities

Commission (PUC) to be used for investment in green energy

projects such as wind, solar, and biomass. The fund, which

currently has $5 million, is expected to grow to more than $20

million over the next six years. The fund was created as part of a

negotiated settlement between the PUC and PPL in the utility's

restructuring case two years ago. Businesses and nonprofit

organizations that wish to invest in green energy within PPL's

territory may apply for the funds.

Water

Use of Reclaimed Water

,

(Texas Admin Code Title 30

Part 1 Chapter 210)

(1997)

http://www.tnrcc.state.tx.us/oprd/

rules/index.html

•

Establishes general requirements, quality criteria, design, and

operational requirements for the beneficial use of reclaimed water

that may be substituted for potable water and/or raw water.

•

Due to limited supply and high demand, reclaimed water can be

much less expensive than using municipal drinking water or treating

groundwater. The rule is intended to conserve surface and ground

water and to help ensure an adequate supply of water resources for

present and future needs.

•

Use of reclaimed water is voluntary.

•

Locating reuse facilities near the municipal wastewater treatment

plant helps to minimize infrastructure costs in constructing a

distribution line.

•

Reclaimed water is provided to the user on a demand-only basis.

•

Approved uses include cooling tower make up water under §210.32

(2)(F).

Water Use Permits

(Texas Water Code, §11.121)

http://www.capitol.state.tx.us/stat

utes/wa/wa001100toc.html

•

Texas industries must obtain water rights to use surface water or

protected groundwater. Such authorization may be with or without a

term, on an annual or seasonal basis, or on a temporary or

emergency basis.

Siting

Siting

•

Does not have a siting commission for power plant projects.

•

Texas requires

certificates of convenience and necessity

for power

plant projects initiated by utilities, but not for projects initiated by

independent power producers.

Portfolio

Electric Utility Restructuring

(9/00)

http://www.eia.doe.gov/cneaf/elec

tricity/chg_str/pbp.html

•

Texas' renewables portfolio standard requires that the State's

utilities install or contract to buy power from 2,000 MW of

renewable generating capacity by January 1, 2009.

---

Siting

State Energy Policy

(Wisconsin Statute: 1.12)

http://folio.legis.state.wi.us/cgi-

bin/om_isapi.dll?clientID=11157

1&infobase=stats.nfo&jump=ch.

%20196

Power Plant Siting

(WI Admin Code Ch. PSC 111,

112)

Environmental Analysis

(WI Admin Code Ch. PSC 4)

http://folio.legis.state.wi.us/cgi-

bin/om_isapi.dll?clientID=95483

&infobase=codex.nfo&jump=top

•

Wisconsin’s State Energy Policy includes policy on:

¾

considering the maximum conservation of energy resources as

an important factor when making any major decision that would

significantly affect energy usage

¾

reducing the ratio of energy consumption to economic activity in

the state

¾

renewable energy resources

¾

protection of natural areas, including wetlands, wildlife habitats,

lakes, woodlands, open spaces and groundwater resources.

•

Ch. PSC 111, 112 require the Public Service Commission (PSC) to

develop a Strategic Energy Assessment (SEA) for power plants.

The SEA involves an assessment of electric demand and supply,

and information from electricity suppliers on economic, pollutant,

and energy conservation data.

•

Ch. PSC 111,112 require

Certificates of Public Convenience and

Necessity

for electric generating facilities. According to the Illinois

Commerce Commission, this requirement applies to facilities > 100

MW. Applications for certificates include:

¾

at least 2 sites: preferred & alternate

¾

number of units, type, size, fuel

¾

hours of operation

¾

generating capacity

¾

pollutant emissions

¾

need for facility in terms of demand

¾

alternative sources of electric supply including energy

conservation & efficiency

¾

Natural resources affected

¾

Ecological resources affected

¾

Community information

•

According to IEPA, siting is required for facilities >12,000 kW.

•

Ch. PSC 4 establishes procedures to provide the PSC with

adequate information on the short- and long-term environmental

effects of its actions as required by the WI Environmental

Protection Act, ch. 274, section 1, laws of 1971 and s. 1.11 of the

Wisconsin Statutes. PSC 4 requires the PSC to prepare an

Environmental Assessment (EA) to assist the PSC in determining

environmental impact of proposed facilities. Combustion turbines

are included as types of projects requiring an EA. The PSC can

approve or deny siting based on the EA or Environmental Impact

Statement (EIS). The EA is made available to the public, and

hearings are held.

---

Water

Water Resources

(Wisconsin Statues, Chapter

Water Quality and Quantity;

General Regulations

(Wisconsin Statues, Chapter

28, Subchapter III)

http://www.legis.state.wi.us/rsb/S

tatutes.html

DNR Rules, Chapter NR 142

•

Wisconsin law provides for:

1. development of statewide water quantity resources plan

2. registration and annual reporting (with fees) of major

withdrawals (>100,000 gal/day in 30-day period)

3. permit approval process (with administrative hearing process)

for construction, development and operation of wells where

capacity and rate of withdrawal of groundwater from all wells on

one property is in excess of 100,000 gal/day. Approval is

withheld or restricted if withdrawal will adversely effect or

reduce availability of public water supply or doesn’t meet

grounds for approval which are:

¾

No adverse effect on public water rights in navigable waters

¾

no conflict with any applicable plan for future uses of waters

of state or water quantity resources plan

¾

Reasonable conservation practices have been incorporated

¾

no significant adverse impact on environment and

ecosystem of the Great Lakes basin or the upper

Mississippi River basin

¾

plan for withdrawal consistent with the protection of public

health, safety and welfare and not detrimental to public

interest

¾

no significant detrimental effect on the quantity and quality

of the waters of the state (even more factors apply if the

proposed withdrawal will result in an “interbasin diversion”)

4. permit approval process for diversion of water from any lake or

stream >2,000,000 gal/day in any 30-day period. If DNR

receives application for a withdrawal from the Great lakes basin

that will result in a new water loss averaging 5,000,000 gal/day

in any 30-day period, DNR notifies governors of other Great

Lakes States, requesting their input.

•

Regulations define “water loss” and “consumptive use.”

•

Rules incorporate methods for citizens to initiate DNR

investigations of alleged violations.

Note: