SALEM POWER PLANTFootro Pose"
24 Fort Avenue, Salem, MA O1970
Public Repository
Salem Public Library
370 Essex Street
Salem, MA 01970
Re: Salem Harbor Station
Monthly Dust Complaint Log
To Whom It May Concern:
There were no dust complaints in the month of November, 2013.
If you have any questions please feel free to call me at 978-740-8402.
Sincerely, /
Robert DeRosier
Environmental Health and Safety Manager
Footprint Power Salem Harbor Operations LLC
cc: N. Malia Griffin
City of Salem BOH
r
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Date
Footprint Power
24 Fort Avenue, Salem, MA 01970
Public Repository
Salem Public Library
370 Essex Street
Salem, MA 01970
Re: Salem Harbor Station
Monthly Dust Complaint Log
To Whom It May Concern:
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e 'N4
ugYsc)'- <�r
6;:&1
There were no dust complaints in the month of February, 2014.
If you have any questions please feel free to call me at 978-740-8402.
Sincerely,,
Robert DeRosier
Environmental Health and Safety Manager Date
Footprint Power Salem Harbor Operations LLC
cc: N. Malia Griffin
City of Salem BOH
24 Fort Avenue, Salem, MA.01970 RAM
Public Repository
Salem Public Library
370 Essex Street
Salem, MA 01970
Re: Salem Harbor Station
Monthly Dust Complaint Log
To Whom It May Concern:
FEB Z 4 ?V
CITY f OF HEA�P�i
BOARD
There were no dust complaints in the month of January, 2014.
If you have any questions please feel free to call me at 978-740-8402.
Sincerely,
Robert DeRosier
Environmental Health and Safety Manager
Footprint Power Salem Harbor Operations LLC
cc: N. Malia Griffin
City of Salem BOH
Z /j/ //
Date
o tpr'I rower®
24 Fort Avenue, Salem, MA 01970
Public Repository
Salem Public Library
370 Essex Street
Salem, MA 01970
Re: Salem Harbor Station
Monthly Dust Complaint Log
To Whom It May Concern:
There were no dust complaints in the month of December, 2013.
If you have any questions please feel free to call me at 978-740-8402.
Sincerely,
i
Robert DeRosier
Environmental Health and Safety Manager
Footprint Power Salem Harbor Operations LLC
cc: N. Malia Griffin
City of Salem BOH
il>Lf /Il
Date
OTETRATECH
VED
January 9, 2014 JAN 13 2014
CIT. OF
80AF6 OF
Mr. Larry Ramdin
eAITN
Health Agent
Salem Board of Health
120 Washington Street, 4"' Floor
Salem, MA 01970
Re: Notice of Initial Site Investigation and Tier 11 Classification
24 Fort Avenue
Salem, Massachusetts
RTN 3-31327
Dear Mr. Ramdin:
On behalf of Footprint Power Salem Harbor Real Estate LP (Footprint), the owner of the subject
property, Tetra Tech, Inc. is providing this notification of the availability of the Phase I Initial
Site Investigation and Tier II Classification Opinion pursuant to 310 CMR 40.0480 and 40.0500.
A release of oil and hazardous materials (OHM) has occurred at the above -referenced location,
which is a Disposal Site as defined by the Massachusetts Contingency Plan (MCP) under 310
CMR 40.0000.
A Phase I Initial Site Investigation and Tier II Classification Opinion were submitted to the
Massachusetts Department of Environmental Protection (MassDEP) on January 9, 2014. This
document is available for review via the MassDEP online file site viewer at
h!V://I)ublic.dep.state.ma.us/SearchableSites2/Search.awx under Release Tracking Number
(RTN) 3-31327. In accordance with 310 CMR 40.1403(3)(e) the following is a summary of the
findings and statement of conclusions of the Phase I Report.
Summary of Findings and Statement of Conclusions
Subsurface assessment activities conducted in support of the Phase I — Initial Site Investigation
and Tier II Classification submittal have identified exceedences of some applicable MCP
standards in soil at the Site. These exceedences are due primarily to historical storage and use of
power plant fuels (coal and oil), as well as historic development (land reclamation via
filling). Observed exceedences consist primarily of metals in soils (predominantly nickel, lead,
arsenic and vanadium), although petroleum -related impacts to soils were identified to a lesser
extent in some limited areas. No exceedences of applicable MCP standards were identified in the
groundwater samples collected at the Site as part of the assessment activities conducted by Tetra
Tech, and a review of the data and exposure potentials indicates that the Site currently does not
pose an Imminent Hazard as defined in the MCP.
Engineering and Consulting Services
One Grant Street
Framingham, MA 01702
Tel 508.903.2000 Fax 508.903.2001
OTETRATECH
No ongoing source(s) of releases are known or suspected to exist at the Site. Impacts to soil in
three distinct areas may warrant additional comprehensive response actions (due primarily to
metals in soils), and are currently being evaluated under the MCP; these three locations comprise
areas of fill in the northeastern and southwestern portions of the site, and a portion of the area
beneath the current coal stockpile. Additionally, the side wide data will be evaluated in the
context of the MCP, and additional assessment activities will be performed as warranted in areas
that are currently inaccessible during and/or following the completion of planned demolition and
construction activities. Data collected during these activities will be used to support the Phase II
— Comprehensive Site Assessment and any future MCP submittals for the Site. Additional
assessment and the implementation of Comprehensive Response Actions under the MCP will
continue as planned during demolition and construction phases of the project.
Also, in accordance with 310 CMR 40.1403 (6), a copy of the public notice to be published in the
Salem News is attached to this letter. To request additional information or a copy of the submittal
please contact the undersigned. at (508) 903-2000.
Very truly yours,
Michael E. Billa, P.E., P.G., L.S.P.
Director
Remediation, Assessment & Compliance
P.\6211T143-62117-13001\DOCSIREPORI PHASE.I-ISMPPENDICESTUBLIC.NO9ICE.LETfER-BOH 2014-01-09.DOCX
2
NOTICE OF INITIAL SITE INVESTIGATION AND
TIER II CLASSIFICATION
Salem Harbor Power Plant
24 Fort Avenue
RTN 3-31327
A release of oil and/or hazardous materials has occurred at this location, which is a
disposal site as defined by M.G.L. c. 21 E, § 2 and the Massachusetts Contingency Plan,
310 CMR 40.0000. To evaluate the release, a Phase I Initial Site Investigation was
performed pursuant to 310 CMR 40.0480. As a result of this investigation, the site has
been classified as Tier II pursuant to 310 CMR 40.0500. On January 9, 2014, Footprint
Power Salem Harbor Real Estate LP filed a Tier 11 Classification Submittal with the
Department of Environmental Protection (MassDEP). To obtain more information on this
disposal site, please contact Michael E. Billa, Tetra Tech, Inc., One Grant Street,
Framingham, MA 01602, (508) 903-2000.
The Tier II Classification Submittal and the disposal site file can be reviewed at the
MassDEP Northeast Regional Office, 205B Lowell Street, Wilmington, Massachusetts
01887, 978-694-3200.
Additional public involvement opportunities are available under 310 CMR 40.1403(9) and
310 CMR 40.1404.
KIMBERLEYDRiSCOLL
MAYOR
LYNN GooNm DuxcAN, Amp
DIRECTOR
August 21, 2013
CITY OF SALEM, MASSACHUSETTS
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
120 WASHINGTON STREEr ♦ SALEM, MASSACHusEm o1g70
TELE: 978-619-5685 ♦ FAX: 978-740-0404
RECEIVED
AUG 26
Attn: Holly Johnson i�Or3
Massachusetts MEPA Unit 60ARO orSq�Fy
Executive Office of Environmental Affairs H�LTy
100 Cambridge Street, Suite 900
Boston, Massachusetts 02114
RE. City of Salem—Footprint Access NPC—Comment Summary and Response
Dear Ms. Johnson:
Based on our review of the public comments, we have identified the following specific issues. Comment
period has been extended until August 27'". Please find our direct responses to comments below.
Questions Raised by MEPA Review — Holly Johnson
1. Use of the Footprint pier was framed as a temporary use. The City was "shiing the use" from
Blaney Street Wharf to the Footprint pier until the City's wharf could be built out. However, a ship
with 2100 passengers is much larger than what the Blaney Street Wharf could accommodate, even at
buildout. What is the city's longterm plan for the Footprint pier?
Response
The City and Footprint are still finalizing a short tern agreement for the use of their marine terminal, with
the intent of establishing a long term agreement. The modifications proposed at this time would only
occur after the short term agreement is in place. Further, while the long term agreement may provide for
use of Footprint's upland area (west of the pier) those details have not been finalized. The City's intent is
to continue with cruise ship berthing in the long term. Once a long term agreement is reached, and a plan
is developed for the upland areas, the City would work with Footprint to file a NPC at that time.
The original 2008 plan called for handling of cruise ship passengers at Blaney Street through use of
tenders to/from Cruise ships berthed offshore. The "shifting of use" is only to handle the passengers that
would normally use these tenders and allow the cruise ships to dock at Footprint and provide the
passengers direct transfer to the pier. As indicated in the 2008 ENF filing within Table 2 on page 5, the
new Blaney St. pier will handle Coastal Cruisers (limited to about 300 feet), which could berth against the
floats and/or end of the pier.
2. The size of the ships was never discussed. The 2008 plan only shows a 250 foot small coastal cruise
ship.: This is significantlydierent than a 2100 passenger ship in terms of potential impacts.
Response
The 2007 Analysis of Existing Port Plans, and supported in the ENF filing, indicated that the pier would
be designed to handle the passengers from cruise ships (up to 800 feet at anchorage) that were moored
offshore and supported by tenders handling 100 to 150 passengers each to ferry passengers back and forth
to the cruise ship. See Table I on Page 4 of the ENF filing.
At the time of the 2008 filing, it was not anticipated that the Footprint site would be available. The
potential use of the Footprint site represents the same ultimate use of Salem Wharf site but eliminates the
need for offshore mooring and the use of tenders to transfer passengers. The current plan eliminates buses
at the Salem Wharf Site, which as noted above, would only occur after the City and Footprint reach an
agreement to allow for use of the upland area. This plan would reduce this impact on Derby Street as the
buses will use Webb Street to and from the Footprint site.
3. How would the city handle the 2100 pedestrians?
Response
The City and local community routinely manage events in Salem that attracts much larger crowds, such as
the Maritime Festival and July 4th festivities that occur within the neighborhood. To give some context to
the potential number of visitors that might be part of a cruise ship, the Salem Farmers Market routinely
serves over 2,000 patrons in Derby Square every Thursday from 2pm to 7pm.
In addition, not every cruise passenger will disembark from the boat and certainly not all passengers
disembarking leave at the same time. Many stay on board, others may bypass Salem altogether in favor of
a cruise -sponsored bus excursion offsite. In that instance, it is the City's long term goal to stage buses at
the Footprint property in the upland area referenced above. The buses would be directed to and from the
wharf via Webb Street to Route IA. From there, the potential scenario would call for the construction of
an internal service road within the Footprint site, accessible through the Plant's India Street entrance.
Supplying cruise ships by trucks is normally done at the beginning or end of a cruise and would likely not
occur in any large quantity or at all.
In general, most cruise ships visiting Salem will be under 500 passengers. While the berth at Footprint
can support vessels carrying well over 1,000 people, it is not anticipated that many ships of this size
would be visiting during the course of a year. There would also be plenty of advance notice of any cruise
ship docking in Salem, as these port -of -call dates would be scheduled a minimum of a year in advance.
As a port -of -call, the cruise ships would only stop for the day (arrive early and leave the same day) and
usually would occur during the middle of the week. It should also be noted that typically, approximately
50 percent or greater of the passengers utilize the buses (Boston is about 55%) which then limits the
number of passengers that flow through the Salem Wharf Site. This would be estimated to be about 20
buses or about 80 vehicle trips.
In summary the passengers leaving the cruise ship will be handled by two separate means:
1) Passengers seeking to visit downtown Salem will be directed to the proposed pathway over to the
City's Blaney St property where they can walk or utilize the Salem Trolley, Pedi-cabs, walking tours
etc. to get downtown, similar to the Salem Ferry passengers
2) Passengers choosing to do a Cruise Ship sponsored shore -side excursion would be directed to buses
located in the upland area west of the Footprint pier. Typical buses would have a capacity of up to
about 50 passengers and would be staged within the Footprint property.
Page 2 of 5
4. Are there additional traffic impacts, from buses, etc.?
Response
Traffic estimates are contained in the original MEPA ENF filing for the Salem Port Expansion Project
(posted on City's website). No additional traffic impacts are anticipated. Approximately 50 percent or
greater of the passengers will utilize the buses. This would be estimated to be about 20 buses or about 80
vehicle trips.
State Agency Comments
Requests clear information to confirm that there will be no conflict between Footprint's use of the
berth and the City's use of the berth for cruise ship access. (CZM)
Response
Cruise ship scheduling is typically known a year or more in advance. This will allow sufficient time to
coordinate with Footprint to avoid conflict. The next 2-3 years will see a tremendous amount of marine -
based activity, given the needs of the demolition and construction activities planned, and the focus on
utilizing ocean going vessels for material movement onto and off the site. In this time frame, Footprint
will have priority over the berth usage.
Recommend any structural or use needs for the Salem Wharf location to accommodate the
additional passengers be detailed in the Chapter 91. (CZM& DEP)
Response
Proposed changes will be detailed in the Chapter 91 application to be filed upon the completion of the
MEPA process.
Public Comments
Why has there been no notice to the local area or opportunityfor public to voice their opinion?
Response
The City has been working diligently for the last several years to build and reactivate the Salem Wharf and
Blaney Street. In addition, they have been working closely with Footprint Power, the owners of the Salem
Harbor Station, to advance plans for use of the current pier on their adjacent facility for cruise ships and
other vessels. The notion of an expanded waterfront and pier access at the power plant site has been part of
the planning process and many of the public presentations related to the power plant and the Blaney Street
site. The Notice of Project Change was placed in the Environmental Monitor and is now posted in City Hall,
the Salem Wharf Ferry Terminal and along Derby Street. In recognition of the level of interest shown in this
matter by the residents, Salem businesses, and others in the community, the proponents have requested and
been granted a 2 -week extension on the public comment period to address additional concerns.
2. Concern that neither Footprint Power or the City of Salem have entered into an agreement with
cruise ship company to have large cruise ships dock in Salem. Concerned that even with the
proposed changes, Salem will not be a desirable stop for large cruise ships.
Response
Footprint has no intention of entering into an agreement with cruise ship companies. All such agreements
would be between the cruise lines and the City of Salem. Given Salem's strong tourism market and the
attractiveness of a port so close to downtown, the City has received strong interest from cruise ships to visit
Page 3 of 5
Salem. With the close proximity of the Wharf to the downtown and historic sites, there are numerous
options for low -impact transportation. Cruise ship companies have expressed to the City that the ability to
dock alongside the Footprint dock is logistically easier than tendering and would be viewed as an important
asset of the Port of Salem.
3. Concern that Footprint is using this tactic to maintain the site as a water -dependent use while they
reconstruct to avoid issues and avoid requesting a variance with Chapter 91.
Response
The City's desire to utilize the waterfront along the power plant site has been openly expressed since the
publication of the 2000 Harbor Plan. The City recognizes it as an opportunity to develop existing
infrastructure to take advantage of the nearby waterfront resources (proximity to federal channel and
natural deepwater port) to boost the local economy, retool the waterfront, and enhance public access
along the harbor edge. The City's plans for the pier and upland area, whether in an interim or longer term
status, do not take away the requirements of Footprint in meeting DEP Chapter 91 requirements.
Footprint fully supports this water dependent use of the marine wharf on its property, since that use
allows the City of Salem to provide greater economic and tourism opportunities for the City that are
consistent with the Designated Port Area (DPA). Footprint's Chapter 91 filing stands on its own merits
4. Impacts only address the impacts of construction, and not the impacts specifically from the cruise
ship. Impacts to air, water, traffic and noise have not been fully evaluated.
Response
There is a new push in the cruise industry and many ships are being retrofitted to allow for shore side
power to minimize air quality impacts from power generation. As the city plans for upgrades at the pier,
they are incorporating the need for this amenity to be included in the project. We also expect that
upgrades to sidewalks and roads on and around Derby Street will be a key part of mitigation efforts for
the utility projects happening in the area.
The activity of the cruise ships coming to Salem and the associated passengers was included within the
original MEPA ENF filing for the Salem Port Expansion Project and is not presumed to be part of the
project change within the MEPA filing.
5. Concern with additional neighborhood and environmental impacts of land -side cruise ship services,
including vendor and excursion/transportation vehicles.
Response
Supplying cruise ships by trucks is normally done at the beginning or end of a cruise and would likely not
occur in any large quantity or at all. No dockside vessel services of water or sewage pump out are
proposed at this time. These uses and associated impacts will be reviewed and evaluated in the ultimate
use site plan. Excursion and transportation vehicles were included within the original ENF filing.
6. Request further information on how this will financially benefit the city. Indicate that previous town
reports and studies were understood to show that medium to large size ships are costly on
infrastructure and not likely to contribute positively to the tourist economy.
Response
Port development is a high priority for the City as both an economic development and tourism initiative.
The City looks forward to additional cruise ships visiting Salem to help support restaurants, retail
establishments, and attractions, which, in turn, add to the tax base and provide local jobs. Industry
estimates from 2011 are that 50% of passengers return to a destination to visit again. "The State of the
North American Cruise Industry in 2012" prepared for CLIA (Cruise Lines International Association) by
Business Research & Economic Advisors (BREA) of Exton, Pennsylvania found that the industry's total
Page 4 of 5
economic impact on the U.S. economy grew by 4.6 percent to $42.3 billion in 2012, with direct spending
by the cruise industry growing by 4.0 percent to $19.6 billion.
The cost of infrastructure is significantly lowered by using Footprint's existing berth.
Request further clarification of the projects "interim" phase. Specifically when will it become
permanent, how and why will that occur, and how will it fit with the redevelopment of the entire
power plant site, the Blaney Street dock and the rest of the Waterfront.
Response
The City envisions that the modifications proposed act as an interim use until the final development of the
upland area can be defined. Those details would be defined within the long term agreement between
Footprint and the City. Once an agreement is reached for the long term, and after a plan is developed for
the upland areas, the City would work with Footprint to file a NPC at that time.
8. Will this defer any Seaport Bond funds that may become available from planned improvements to
Blaney Street or the power plant site?
Response
The City has included the additional work for the Footprint terminal modifications within its past and
current funding requests to the Seaport Council. The City's current request to Seaport Council includes
funds to continue improvements to the Blaney Street site as well.
9. Address potential safety hazard of LNG deepwater pipelines in harbor and deep -draft cruise ships.
Response
The presence of deepwater pipelines has no impact on the safety of cruise ship access. The bulk carriers
currently regularly transiting the area have similar draft to cruise ships.
10. Concerned with the break from the Harbor Plans, which recommend a maximum of 300 passengers
docking on the Salem Waterfront.
Response
There is no restriction that we are aware of within the Salem Harbor Plan to limit the number of
passengers to 300 for docking. The Harbor Plan specifically states that the City should "provide berthing
and other support services to accommodate cruise ships and other commercial passenger vessels".
The 2007 Analysis of Existing Port Plans, and supported in the ENF filing, indicated that the pier would
be designed to handle the passengers from cruise ships (up to 800 feet at anchorage) that were moored
offshore and supported by tenders handling 100 to 150 passengers each to ferry passengers back and forth
to the cruise ship. See Table I on Page 4 of the ENF filing.
At the time of the Salem Port Expansion filing, it was not anticipated that the Footprint site would be
available. The opportunity for the use of the Footprint site represents the same ultimate use of Salem
Wharf site but eliminates the need for offshore mooring and the use of tenders to transfer passengers.
If you have any further questions or comments, please feel free to contact me at 978-619-5685 or via
email at k-winn@salem.com
Sincerely,
Kathleen Winn
Deputy Director
Page 5 of 5
Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office • 205B Lowell Street, Wilmington MA 01887.978-694-3200
DEVAL L PATRICK
RICHARD K. SULLIVAN JR.
Governor
Secretary
TIMOTHY P. MURRAY
KENNETH L. KIMMELL
Lieutenant Governor
Commissioner
Footprint Power Salem Harbor Real Estate LP
1140 Route 22 East, Suite 303
Bridgewater, NJ 08807
Attention: Scott Silverstein
January 28, 2013
RE: Salem
Salem Harbor Power Plant
24 Fort Avenue
RTN 3-31327'
NOTICE OF RESPONSIBILITY PER M.G.L. c.21E & 310 CMR 40.0000, the MCP
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS
NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Dear Mr. Silverstein:
Information contained in a Release Notification Form (RNF) submitted to the Massachusetts
Department of Environmental Protection (MassDEP) on January 10, 2013, and submitted by Footprint
Power Salem Harbor Real Estate LP indicates that there is or has been a release of oil and/or hazardous
material at the above -referenced property which exceeds a 120 day" reporting threshold (310 CMR
40.0315) and which requires one or more response actions.
Based on this information, MassDEP has reason to believe that the subject property or portion(s)
thereof is a disposal site as defined in the Massachusetts Oil and Hazardous Material Release Prevention
and Response Act, M.G.L. c. 21 E, and the Massachusetts Contingency Plan, 310 CMR 40.0000 (the
MCP). M.G.L. c. 21E and the MCP govern the assessment and cleanup of disposal sites.
The purpose of this notice is to inform you of your legal responsibilities under state law for
assessing and/or remediating the subject release. For purposes of this notice, the terms and phrases used
herein shall have the meaning ascribed to them by the MCP unless the text clearly indicates otherwise.
STATUTORY LIABILITIES
MassDEP has reason to believe that you (as used in this letter, "you" refers to Footprint Power
Salem Harbor Real Estate LP) are a Potentially Responsible Party (a PRP) with liability under M.G.L. c.
21 E, § 5, for response action costs. Section 5 makes the following parties liable to the Commonwealth of
Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat
of release of oil or hazardous material; any person who owned or operated a site at the time hazardous
This Information Is available In alternate format Call Michelle Waters-Ekanem, Diversity Director, at 617-292-6761. TDD# 1.866-639-7622 or 1.617.6746868
MassDEP Website: v .mass.gov/dep
Printed on Recycled Paper
Footprint Power Salem Harbor Real Estate LP
Notice of Responsibility
Page -2
material was stored or disposed of; any person who arranged for the transport, disposal, storage or
treatment of hazardous material to or at a site; any person who transported hazardous material to a
transport, disposal, storage or treatment site from which there is or has been a release/threat of release of
such material; and any person who otherwise caused or is legally responsible for a release/threat of
release of oil or hazardous material at a site.
This liability is "strict", meaning it is not based on fault, but solely on your status as an owner,
operator, generator, transporter or disposer. It is also joint and several, meaning that you may be liable for
all response action costs incurred at the site, regardless of the existence of any other liable parties.
The MCP requires responsible parties to take necessary response actions at properties where
there is or has been a release or threat of release of oil and/or hazardous material. If you do not take the
necessary response actions, or fail to perform them in an appropriate and timely manner, MassDEP is
authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking such actions, you
can avoid liability for response action costs incurred by MassDEP and its contractors in performing these
actions, and sanctions, which may be imposed for failure to perform response actions under the MCP.
You may be liable for up to three (3) times all response action costs incurred by MassDEP.
Response action costs include, without limitation, the cost of direct hours spent by MassDEP employees
arranging for response actions or overseeing work performed by persons other than MassDEP or its
contractors, expenses incurred by MassDEP in support of those direct hours, and payments to MassDEP's
contractors. (For more detail on cost liability, see 310 CMR 40.1200.)
MassDEP may also assess interest on costs incurred at the rate of twelve percent (12%),
compounded annually. To secure payment of this debt, the Commonwealth may place liens on all of your
property in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or
the Attorney General may bring legal action against you.
In addition to your liability for up to three (3) times all response action costs incurred by MassDEP,
you may also be liable to the Commonwealth for damages to natural resources caused by the release.
Civil and criminal liability may also be imposed under M.G.L. c. 21 E, § 11, and civil administrative penalties
may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. c. 21 E, the MCP, or any order,
permit or approval issued thereunder.
NECESSARY RESPONSE ACTIONS
The subject site shall not be deemed to have all the necessary and required response actions taken
unless and until all substantial hazards presented by the site have been eliminated and a level of No
Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition,
the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response
Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration.
Such persons must continue to evaluate the need for IRAs and notify MassDEP immediately if such a need
exists.
You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually
perform the necessary response actions at the subject site. In addition, the MCP requires persons
undertaking response actions at a disposal site to submit to MassDEP a Response Action Outcome
Statement (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level
of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. [You may
obtain a list of the names and addresses of these licensed professionals from the Board of Registration of
Hazardous Waste Site Cleanup Professionals at (617) 556-1091.]
Footprint Power Salem Harbor Real Estate LP
Notice of Responsibility
Page -3
MassDEP has determined that initial site investigation activities, in accordance with 310 CMR
40.0405, are necessary. In addition, unless an RAO is submitted earlier, a completed Tier Classification
Submittal pursuant to 310 CMR 40.0510, and, if appropriate, a completed Tier I Permit Application
pursuant to 310 CMR 40.0700, must be submitted to MassDEP within one year of the initial date notice
of a release is provided to MassDEP pursuant to 310 CMR 40.0300 or from the date MassDEP issues a
Notice of Responsibility (NOR), whichever occurs earlier.
It is important to note that you must dispose of any Remediation Waste generated at the subject
location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris.
Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the
response action is performed under the direct supervision of MassD,EP, the signature of an authorized
representative of MassDEP.
MassDEP encourages parties with liabilities under M.G.L. c. 21 E to take prompt action in response
to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may
significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount
of, certain permit and annual compliance fees;for response actions payable under 310 CMR 4.00.
If you have any questions relative to this notice, you should contact Ida Babroudi at the
letterhead address or (978) 694-3386. All future communications regarding this release must reference
the Release Tracking Number (RTN) 3-31327 contained in the subject block of this letter.
Very truly yours,
The Massachusetts Department of Environmental Protection is providing this final document copy to you
electronically. A signed copy of the original document is on file at the DEP's Northeast Region records
office located in Wilmington, Massachusetts.
Ida Babroudi
Environmental Engineer
Bureau of Waste Site Cleanup
cc: Board of Health, City of Salem, Joanne Scott
"via electronic, submittal", jscottCa�salem.com
MassDEP database (NOR / Issued)
A.
Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office • 205B Lowell Street, Wilmington MA 01887.978-6943200
DEVAL L PATRICK RICHARD K. SULLIVAN JR,
Governor Secretary
TIMOTHY P, MURRAYKENNETH L. KIMMELL
Lieutenant Governor DECU , 2012 �Commiecioner
DEC 2 7 2012
C/7
ersin RE: SALEM 13
Footprint oweri G. vSalem Harbor Transmittal No.i X2503640
ApL) OF HtEA TH
Operations, LLC Application No.: NE -12-010
1140 Route 22 East, Suite 303 FMF No.: 404157
Bridgewater, NJ 08807 AIR QUALITY PLAN APPROVAL
Dear Mr. Silverstein:
The Massachusetts Department of Environmental Protection ("MassDEP"), Bureau of Waste
Prevention, has reviewed your Non -major Comprehensive Plan Application ("Application")
listed above. This Application concerns the proposed construction, substantial reconstruction,
alteration and/or operation of an existing boiler (EU3) at your electric generating facility located
at 24 Fort Avenue in .Salem, Massachusetts ("Facility" or "Salem Harbor Station"). The
Application bears the seal and signature of Robert R. DeRosier, Massachusetts Registered
Professional Engineer number 49595.
This Application was submitted in accordance with 310 CMR 7.02 Plan Approval and Emission
Limitations as contained in 310 CMR 7.00 "Air Pollution Control" regulations adopted by
MassDEP pursuant to the authority granted by Massachusetts General Laws, Chapter 111,
Section 142 A -J, Chapter 21C, Section 4 and 6, and Chapter 21E, Section 6. MassDEP's review
of your Application has been limited to air pollution control regulation compliance and does not
relieve you of the obligation to comply with any other regulatory requirements.
MassDEP has determined that the Application is administratively and technically complete and
that the Application is in conformance with the Air Pollution Control regulations and current air
pollution control engineering practice, and hereby grants this Plan Approval for said
Application, as submitted, subject to the conditions listed below.
Please review the entire Plan Approval, as it stipulates the conditions with which the Facility
owner/operator ("Permittee") must comply in order for the Facility to be operated in compliance
with this Plan Approval.
This Information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617.292-5751. TDD# b866-539-7622 or 1-617-574-6868
MassDEP Website: w .mass.gov/dep
Printed on Recycled Paper
Footprint Power Salem Harbor Operations, LLC `
Plan Approval
Transmittal No. X250364
Application No. NE -12-010
Page 2 of 9
1. DESCRIPTION OF FACILITY AND APPLICATION
Salem Harbor Station is subject to Regulation 310 CMR 7.29 Emission Standards for Power
Plants as promulgated on May 11, 2001. This regulation imposed, among other things, a new
facility -wide emission limit for mercury (Hg).
Effective October 1, 2012, Salem Harbor Station is required to meet a total Hg removal
efficiency of 95 percent (%) or greater from the baseline Hg emission limit, or a total Hg
emission rate of 0.0025 pounds per Gigawatt -hour (lb/GW-hr) or less, both calculated on a
rolling 12 -month basis, for the units burning solid. fossil fuel or ash. To facilitate compliance
with the more stringent regulatory Hg emission limits,.the Facility is proposing, by way of this
Application, to install and operate a Reagent (Calcium Bromide) Injection System (RIS) on Unit
3 to control Hg emissions.
Salem Harbor Station's currently active existing boilers consist of one primarily coal-fired boiler
(Unit 3) and one oil -fired boiler (Unit 4) for a total nominal generating capacity of approximately
590 megawatts (MW). Presently, Unit 3 is equipped with Low-NOX Burners (LNB) and Selective
Non -Catalytic Reduction (SNCR) systems for control of NO, emissions, and Electrostatic
Precipitators (ESP) for control of particulate matter (PM) emissions. Unit 3 is also equipped with
overfrre air (OFA) to reduce emissions of NO.. Unit 3 combusts low -sulfur coal to limit S02
emissions. Unit 4 is presently equipped with LNB and an ESP to control emissions of NO, and PM,
in addition to burning low -sulfur fuel oil (not to exceed 1.0%sulfur by weight) for control of SO2
emissions.
Salem Harbor Station is proposing to maintain ,compliance with 310 CMR 7.29 via the
installation and operation of a custom RIS to further reduce Hg emissions from Unit 3.
A Comprehensive Plan Application submittal and issuance of this 310 CMR 7.02 Plan Approval
is required because of potential increases in emissions of a collateral pollutant, Hydrogen
Bromide (HBr), which will be created during operation of the Unit 3 RIS.
The RIS will involve injecting an aqueous solution of Calcium Bromide-(CaBr2) at the coal feeders,
upstream of the coal pulverizers and downstream of the coal storage silos to ensure good mixing in
the boiler furnace. The active ingredient, bromine, in the CaBr2 reagent acts as an oxidizer to ionize
elemental Hg into its charged form, which readily adsorbs to unburned carbon in the flue gas
stream. The Hg is then part of a flyash particle which can be effectively collected by the Unit 3 ESP
and disposed of consistent with normal practices since no change in waste characterization will
result from the use of the RIS. On-site storage of liquid Ca Bre utilized by the Unit 3 RIS will be in
fully contained industrial totes or a storage vessel (a 275 gallon tank) associated with the Unit 3 RIS
system.
An approximately 52 percent by weight CaBr2 solution will be delivered from the storage tank to
the coal feeders via a pump with metering capability that will adjust the reagent flow rate according
to the coal feed rate. Based on a series of MassDEP-approved test burns conducted by Salem
Harbor Station in 2010 and 2011, wherein the use of CaBr2 reagent was demonstrated to effectively
Footprint Power Salem Harbor Operations, LLC
Plan Approval
Transmittal No. X250364
Application No. NE -12-010
Page 3 of 9
reduce Hg emissions, it was determined that a target addition rate of no more than 150 parts
bromine to a million parts coal, dry basis, equivalent to a bromine injection rate of 19.5 pounds per
hour or 3.3 gallons per hour of 52 percent CaBr2 solution is needed to achieve the required Hg
emission reduction. In practice, the CaBr2 reagent injection rate in gallons per hour will vary
depending upon the actual concentration of the CaBr2 solution in order to maintain a bromine
injection rate of no more than 19.5 pounds per hour (24-hour average).
The coal pulverizers will be monitored electronically to determine which is/are in service and valves
will be opened and closed to target only in-service pulverizers for injection. Only one pulverizer
will be injected with reagent at any time as this has proven to be all that is necessary for proper
mixing and Hg removal. In the event that no pulverizers are in service then no reagent will be used.
It is not necessary for the RIS to be in continuous operation to meet the Hg emissions requirements.
The coal feed rate and reagent injection rate will be continuously monitored in the control room by
the control room operator and continuously recorded by a data logging device. The reagent
injection rate will be automatically adjusted based on coal feed rate to maintain the target bromine
addition rate. The target bromine addition rate may be adjusted to values less than 19.5 pounds per
hour based on periodic review of Hg emissions data as collected and recorded utilizing the existing
sorbent trap Hg emissions monitoring system.
Salem Harbor Station conducted a review of the state of the science of. Hg capture using
CaBr2.The amount of bromine emitted to the air, as Hydrogen Bromide (HBr), is expected to be
no more than 30 percent of the bromine (70 percent capture by the ESP) injected as reagent.
Hence, the RIS retrofit of Unit 3 will result in potential emissions of Hydrogen Bromide (HBr)
amounting to no more than 5.9 pounds per hour (24-hour average) or 25.9 tons per consecutive
12 -month period based upon 8760 hours of operation of Unit 3. HBr emissions will be
minimized through proper operation of the RIS and optimization/minimization of reagent usage.
2. EMISSION UNIT (EU) IDENTIFICATION
The Emission Unit (EU) identified in Table 1 is subject to and regulated by this Plan Approval:
g-,�t
EiI#@
to L V1 1
F Desaiptlonl °
"i§S t
"DesrgnlGapaclty= &
fC
'Y Y ie. T T.
Polluhop Control Device
h
SvIM.(.4 i'(P
EU3
Babcock & Wilcox
1,696 MMBtu/hr
Over -Fire Air (PCD6)
Model No. RB284
150 MW (Net)
Low NO, Burners (PCD7)
Water Tube Boiler
Selective Non -Catalytic
Reduction (PCD8)
Electrostatic Precipitator (PCD9)
Table I Key:
EU = Emission Unit -
#, No. = Number
MMBtu/hr = fuel heat input in million British thermal units per hour
MW (Net) = net electrical output in Megawatts. The MW (NET) value is a nominal value and does not reflect a regulatory limit.
N% =Nitrogen Oxides
Footprint Power Salem Harbor Operations, LLC
Plan Approval
Transmittal No. X250364
Application No. NE -12-010
Page 4 of 9
3. APPLICABLE REQUIREMENTS
A. OPERATIONAL. PRODUCTION and EMISSION LIMITS
The Permittee is subject to, and shall not exceed the Operational, Production, and
Emission Limits as contained in Table 2 below:
* w C , irk. , $i a � �
lit 3"able �•,,
. .!% -
1 U#
'lhOpern
atioal'/ P>rodnctron�;1
", `Air Contaminants; t
4 Emrsstoni ami
l*`
Limit,
s
td) f 1
If{F. -..- - i
t •
�t_ • �_:+ir... b. .P
...�, _�S F i .CJS% �-, b �` . v - y.
EU3
1. < 19.5 Ib/hr (24-hour
HBr
< 5.9 Ib/hr (24-hour average)
average) bromine injection
<25.9 tpy
rate
USEPA Reference Test Methods and Regulation 310 CMR 7.13.
Table 2 Key.
EU# = Emission Unit Number
HBr = Hydrogen Bromide
Ib/hr = pounds per hour
tpy = tons per consecutive 12 -month period
<= less than or equal to
B. COMPLIANCE DEMONSTRATION
The Permittee is subject to, and shall comply with, the monitoring, testing, record
keeping, and reporting requirements as contained in Tables 3, 4, and 5 below:
. ,• { a+l..'t' "' �; A 4Y .M1�%P i Y L ty ��: ttz-nt',C"4TS 2 a -. �5... ....li- k�.{F",
'F ,.'
• i # .w. ti..-{• +n. v;� ia.v~F 6 fdf. i�1�±
'�'
EU3
1. Monitor the mass feed rate of coal to the boiler. The boiler shall automatically shutdown in the event
of loss of coal feed to the boiler and visible and audible alarms in the Facility's control room shall be
installed and operated to alert Facility personnel of said event.
2. Monitor and adjust the CaBr2 solution feed rate in relation to coal feed rate to the boiler such that
bromine injection rate to the boiler does not exceed 19.5 Ib/hr (24-hour average):` Electiohic'
interlocks shall be installed and operated to prevent injection of CaBr2 solution into the boiler in the
event of loss of coal feed to the boiler or when the RIS is not operating normally.
3. The Permittee shall monitor all operations to ensure sufficient information is available to comply
with 310 CMR 7.12 Source Registration.
4. If and when MassDEP requires it, the Permittee shall conduct emission testing in accordance with
USEPA Reference Test Methods and Regulation 310 CMR 7.13.
Table 3 KM
EU# = Emission Unit Number
USEPA = United States Environmental Protection Agency
CaBr2 = Calcium Bromide
RIS = Reagent Injection System
Ib/hr = pounds per hour
Footprint Power Salem Harbor Operations, LLC
Plan Approval
Transmittal No. X250364
Application No. NE -12-010
Page 5 of 9
('JCA
1 4
EU#
� ds piM ti ai{m`.{ii4 '/
'trri `+!
I r ,,�.A
EU3
1. The Permittee shall record the mass feed rate of coal fed to the boiler.
EU3
2. The Permittee shall record the volumetric flow rate, concentration, and density of the CaBr2 solution
injected in to the boiler, and the bromine addition rate, on a mass basis, to verify compliance with the
limitspecified in Table 2.
3. The Permittee shall maintain adequate records on-site to demonstrate compliance with all operational,
production, and emission limits contained in Table 2 above. Records shall also include the actual
emissions of air contaminant(s) emitted for each calendar month and for each consecutive twelve
month Teriod (current month plus prior eleven months). These records shall be compiled no later than
the 15 day following each month. An electronic version of the MassDEP approved record keeping
form, in Microsoft Excel format, can be downloaded at
htt ://www.mass. ov/de /air/a royals/a fomts.htm#re ort .
4. The Permittee shall maintain records of monitoring and testing as required by Table 3.
5. The Permittee shall maintain a copy of this Plan Approval, underlying Application and the most up-to-
date SOMP for the PCD and CaBr2 RIS approved herein on-site.
6. The Permittee shall maintain a record of routine maintenance activities performed on the approved
PCD and monitoring equipment. The records shall include, at a minimum, the type or a description of
the maintenance performed and the date and time the work was completed.
7. The Permittee shall maintain a record of all malfunctions affecting air contaminant emission rates on
the approved PCD and monitoring equipment. At a minimum, the records shall include: date and time
the malfunction occurred; description of the malfunction; corrective actions taken; the date and time
corrective actions were initiated and completed; and the date and time emission rates and monitoring
eq ui ment returned to compliant operation.
8. The Permittee shall maintain records to ensure sufficient information is available to comply with 310
CMR 7.12 Source Registration.
9. The Permittee shall maintain records required by this Plan Approval on-site for a minimum of five (5)
years.
10. The Permittee shall make records required by this Plan Approval available to MassDEP and USEPA
personnel upon request.
Table 4 Key:
EU#=Emission Unit Number -
PCD=Pollution Control Device
SOMP = Standard Operating and Maintenance Procedure
USEPA = United States Environmental Protection Agency
CaBr2 s Calcium Bromide..
RIS = Reagent Injection System
Y� 14 A5� t�+Y,Y �' dir. iid ggb .Y Mt" , 4 TTi V gK'ry •`F: A R 3:4k1 .! C� .k� i .� f ra
�. Y
1 x # . !"A Tables5� � � �w'��
EU#
girein
<
_ e , q1t; Jo ,Re_ . �..u, ,t ; .,X � , t <�°w,
EU3
1. The Permittee shall submit the SOMP for the proposed new and modified equipment to MassDEP no
later than 60 days after commencement of commercial operation of the Unit 3 RIS. Thereafter, the
Permittee shall submit updated versions of the SOMP to MassDEP. MassDEP must approve of
significant changes to the SOMP prior to the changes becoming effective. The updated SOMP shall
supersede prior versions of the SOMP.
2. The Permittee shall notify MassDEP in writing within 10 days after commencement of commercial
operation of the Unit 3 RIS.
3. The Permittee shall submit to MassDEP an Operating Permit Minor Modification Application
pursuant to the requirements of 310 CMR 7.00: Appendix C concerning the proposal approved herein.
Footprint Power Salem Harbor Operations, LLC
Plan Approval
Transmittal No. X250364
Application No. NE -12-010
Page 6 of 9
€+
r�-�
l'EU#-'. '.Re
'tirtin -'Re uirements' ., .0 —W'. r
EU3
4: The Permittee shall submit to MassDEP all information required by this Plan Approval over the
with this Plan Approval.
signature of a "Responsible Official" as defined in 310 CMR 7.00 and shall include the Certification
2. Any prior Plan Approvals issued under 310 CMR 7.02 shall remain in effect unless specifically
statement as provided in 310 CMR 7.01(2)(c).
changed or superseded by this Plan Approval. The Facility shall not exceed the emission limits and
5. The Permittee shall notify the Northeast Regional Office of MassDEP, BWP Permit Chief by email at
shall comply with approved conditions specified in the prior Plan Approval(s) unless specifically
nero.air@massmail.state.ma.us'or fax (978) 694-3499, as soon as possible, but no later than one (1)
altered by this Plan Approval.
business day after discovery of an exceedance(s) of Table 2 requirements. A written report shall be
3. The Permittee shall maintain a complaint log concerning emissions, odor, dust, and noise from the
submitted to the BWP Permit Chief at MassDEP within three (3) business days thereafter and shall
facility. The Permittee shall make available to the general public a telephone number that will receive
include: identification of exceedance(s), duration of exceedance(s), reason for the exceedance(s),
and record complaints 24 hours per day, 7 days per week. The complaint log shall be maintained on
corrective actions taken, and action plan to prevent future exceedance(s).
site for the most recent five (5) year period. The complaint log shall be made available to MassDEP
6: The Permittee shall report annually to MassDEP, in accordance with 310 CMR 7.12, all information as
upon request. The Permittee shall take all reasonable actions to respond to any complaints received by
required by the Source Registration/Emission Statement Form. The Permittee shall note therein any
the facility in a timely manner.
minor changes (under 310 CMR 7.02(2)(e), 7.03, 7.26, etc.), which did not require Plan A' rovat
7. The Permittee shall provide a copy to MassDEP of any record required to be maintained by this Plan
Approval within 30 days from MassDEP's request.
8. The Permittee shall submit to MassDEP for approval a stack emissionpretest protocol, at least 30 days
prior to emission testing, for emission testing as defined in Table 3 Monitoring and Testing
Requirements.
9. The Permittee shall submit to MassDEP a final stack emission test results report, within 45 days after
emission testing, for emission testing as defined in Table 3 Monitoring and Testing Requirements.
Table 5 Ker.
EU# = Emission Unit Number
SOW = Standard Operating and Maintenance Procedure
4. SPECIAL TERMS AND CONDITIONS
CaBr2 = Calcium Bromide
RIS = Reagent Injection System
The Permittee is subject to, and shall comply with, the following special terms and conditions:
A. The Permittee shall comply with the Special Terms and Conditions as contained in Table 6
below:
Table 6 «>.' € 54
1 _ EU#T s,
S ecialaTerms;:and Conditions � `,„Tr 1� .� 'u CF, -,Jr
EU3
1. The Permittee shall properly train all personnel to operate the proposed RIS equipment in accordance
with this Plan Approval.
2. Any prior Plan Approvals issued under 310 CMR 7.02 shall remain in effect unless specifically
changed or superseded by this Plan Approval. The Facility shall not exceed the emission limits and
shall comply with approved conditions specified in the prior Plan Approval(s) unless specifically
altered by this Plan Approval.
Facility-
3. The Permittee shall maintain a complaint log concerning emissions, odor, dust, and noise from the
wide
facility. The Permittee shall make available to the general public a telephone number that will receive
and record complaints 24 hours per day, 7 days per week. The complaint log shall be maintained on
site for the most recent five (5) year period. The complaint log shall be made available to MassDEP
upon request. The Permittee shall take all reasonable actions to respond to any complaints received by
the facility in a timely manner.
Table 6 Key.
EU# = Emission Unit Number - RIS = Reagent Injection System
Footprint Power Salem Harbor Operations, LLC
Plan Approval
Transmittal No. X250364
Application No. NE -12-010
Page 7 of 9
B. The Permittee shall continue to maintain and utilize an exhaust stack with the following
parameters, as contained in Table 7 below, for the Emission Unit that is regulated by this
Plan Approval:
r s ,
4 EU
acrerg,
acns
rtyre_ackb¢
Gas' E1utx 3'
Above;Ground.f
Dimeusroos4
°(feet perlse&Ed) s k Temperature s�
i t
F i, '
3
430
12.5
83 300
Table 7 Key:
EU# = Emission Unit Number
T = Degrees Fahrenheit.
5. GENERAL CONDITIONS.
The Permittee is subject to, and shall comply with, the following general conditions:
A. Pursuant to 310 CMR 7.01, 7.02, 7.09 and 7. 10, should any nuisance condition(s), including
but not limited to smoke, dust, odor or noise, occur as the result of the operation of the
Facility, then the Permittee shall immediately take appropriate steps including shutdown, if
necessary, to abate said nuisance condition(s).
B. If asbestos remediation/removal will occur as a result of the approved construction,
reconstruction, or alteration of this Facility, the Permittee shall ensure that all
removal/remediation of asbestos shall be done in accordance with 310 CMR 7.15 in its
entirety and 310 CMR 4.00.
C. If construction or demolition of an industrial, commercial or institutional building will occur
as a result of the approved construction, reconstruction, or alteration of this Facility, the
Permittee shall ensure that said construction or demolition shall be done in accordance with
310 CMR 7.09(2) and 310 CMR 4.00.`
D. Pursuant to 310 CMR 7.01(2)(b) and 7.02(7)(b), the Permittee shall allow MassDEP and/or
USEPA personnel access to the Facility, buildings, and all pertinent records for the purpose
of making inspections and surveys, collecting samples, obtaining data, and reviewing
records.
E. This Plan Approval does not negate the responsibility of the Permittee to comply with any
other applicable Federal, State, or local regulations now or in the future.
F. Should there be any differences between the Application and this Plan Approval, the Plan
Approval shall govern.
Footprint Power Salem Harbor Operations, LLC
Plan Approval
Transmittal No. X250364
Application No. NE -12-010
Page 8 of 9
G. Pursuant to 310 CMR 7.02(3)(k), MassDEP may revoke this Plan Approval if the
construction work is not commenced within two years from the date of issuance of this Plan
Approval, or if the construction work is suspended for one year or more.
H. This Plan Approval may be suspended,. modified, or revoked by MassDEP if MassDEP
determines that any condition or part of this Plan Approval is being violated.
I. This Plan Approval may be modified or amended when in the opinion of MassDEP such is
necessary or appropriate to clarify the Plan Approval conditions or after consideration of a
written request by the Permittee to amend the Plan Approval conditions.
J. The Permittee shall conduct emission testing, if requested by MassDEP, in accordance with
USEPA Reference' Test Methods and 'Regulation 310 CMR 7.13. If required, a pretest
protocol report shall be submitted to MassDEP at least 30 days prior to emission testing and
the final test results report shall be submitted within 45 days after emission testing.
K. Pursuant to 310 CMR 7.01(3) and 7.02(3)(f), the Permittee shall comply with all conditions
contained in this Plan Approval. Should there be any differences between provisions
contained in the General Conditions and provisions contained elsewhere in the Plan
Approval, the latter shall govern.
6. MASSACHUSETTS ENVIRONMENTAL POLICY ACT
MassDEP has determined that the filing of an Environmental Notification Form (ENF) with the
Secretary of Energy & Environmental Affairs, for air quality control purposes, was not required
prior to this action by MassDEP. Notwithstanding this determination, the Massachusetts
Environmental Policy Act (MEPA) and 301 CMR 11.00, Section 11.04, provide certain "Fail -
Safe Provisions," which allow the Secretary to require the filing of an ENF and/or an
Environmental Impact Report (EIR) at a later time.
7. APPEAL PROCESS
This Plan Approval is an action of MassDEP. If you are aggrieved by this action, you may
request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked
within twenty-one (2 1) days of the date of issuance of this Plan Approval.
Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts, which are the
grounds for the request, and the relief sought. Additionally, the request must state why the Plan
Approval is not consistent with applicable laws and regulations.
The hearing request along with a valid check payable to the Commonwealth of Massachusetts in
the amount of one hundred dollars ($100.00) must be mailed to:
Footprint Power Salem Harbor Operations, LLC
Plan Approval
Transmittal No. X250364
Application No. NE -12-010
Page 9 of 9
Commonwealth of Massachusetts
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
This request will be dismissed if the filing fee is not paid, unless the appellant is exempt or
granted a waiver as described below. The filing fee is not required if the appellant is a. city or
town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a
municipal housing authority.
MassDEP may waive the adjudicatory hearing -filing fee for a person who shows that paying the
fee will create an undue, financial hardship. A person seeking a waiver must file, together with
the hearing request as provided above, an affidavit setting forth the facts believed to support the
claim of undue financial hardship.
Should you have any questions concerning this Plan Approval, please contact Cosmo Buttaro by
telephone at (978) 694-3281, or in writing at the letterhead address.
Sincerely,
Cosmo Buttaro A /Yames E. Belsky
Environmental Engineer ermit Chief
Bureau of Waste
ecc: Mr. Lamont W. Beaudette, Footprint Power Salem Harbor Operations, LLC, 24 Fort Avenu-e-,-ga-lem, MA
01970
Board of Health, 120 Washington Street, 0 Floor, Salem, MA 01970
Fire Headquarters, 48 Lafayette Street; Salem, MA 01970
City Hall, 93 Washington Street, Salem, MA 01970
MassDEPBoston - Yi Tian (E -Copy)
MassDEP/NERO - Marc Altobelli (E -Copy), Mary Persky, Cosmo Buttaro
_v {
�1 O
24 Fort Avenue, Salem, MA 01970 ILA
Public Repository
Salem Public Library
370 Essex Street
Salem, MA 01970
Re: Salem Harbor Station
Monthly Dust Complaint Log
To Whom It May Concern:
There were no coal dust complaints in September 2012.
If you have any questions please feel free to call Robert DeRosier, Station Environmental
Manager, at 978-740-8402.
Sincerely,
rco,<
q stein
President and COO s
Footprint Power Salem Harbor Operations LLC
cc: R. DeRosier
N. Malia Griffin
City of Salem BOH
Date