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Environmental and Other Regulatory Permits

Air Permit:

Nacogdoches Power has filed an application with the Texas Commission on Environmental Quality for an air permit for the Project.  Although the original Project had previously been issued an air permit for construction of a 1,000 MW natural gas-fired combined cycle facility, the Project is considered a new air pollution source for permitting purposes.

 

On November 16, 2006, the TCEQ issued a draft permit for the Nacogdoches Power project. The comment period for the air permit closed on December 15, 2006. The final permit was issued by TCEQ on March 5, 2007.

FAA Approval:

Nacogdoches Power received a Determination of No Hazard to Air Navigation from the FAA on October 16, 2006.

Discharge Permit for Process Wastewater:

Wastewater generated by the biomass Project will consist of boiler blowdown, cooling water blowdown and other low volume wastes.

 

On November 27, 2006, Nacogdoches Power received the final Texas Pollutant Discharge Elimination System (TPDES) permit for the Project. The discharges permitted under the TPDES permit will include stormwater discharge associated with the operation of the Project.

Section 404 and 401 Permits for Wetland Impacts:

On December 13, 2006, the Project received authorization from the US Army Corps of Engineers under Section 404 of the Clean Water Act.

 

Threatened and Endangered Species:

In its Section 404 authorization, the Corps of Engineers concluded that the Project will have no effect on threatened or endangered species.

Title V Operating Permit:

The Project will be required to obtain a Title V operating permit under the Clean Air Act.  Nacogdoches Power must submit an abbreviated application to the TCEQ within one year after the start of commercial operation of the Project.  Once issued, the Title V operating permit will take the place of the Air Quality Permit/PSD permit.

Acid Rain Permit:

The Project will be subject to the Title IV Acid Rain program.  In accordance with rule requirements, an application should be submitted two years prior to the planned start of operation.  Based on the use of wood fuel, Nacogdoches Power anticipates, however, that the annual amount of SO2 emissions will be extremely low and that the Project will not require allowances to offset annual emissions of SO2.

 

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