STA. OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor 

### CALIFORNIA ENERGY COMMISSION 1516 NINTH STREET SACRAMENTO, CA 95814-5512

STATE OF CALIFORNIA 

# DOCKET ENERGY RESOURCES CONSERVATION 

### 99-AFC-5C AND DEVELOPMENT COMMISSION 

### DATE JUN 032009 In the Matterof: 

### RECD. JUN 10 2009 OTAY MESA GENERATING PROJECT ) DocketNo. 99-AFC-5C 

### ) OTAY MESAENERGY CENTER, ) OrderNo. 09-603-2 LLC ) ORDERAPPROVING aPetition to Modify 

### ) Air Quality Conditions ofCertification 

### ______________________________________________________________________

)

On May 12, 2008, Otay MesaEnergyCenter, LLC, the owner/operatorofthe Otay Mesa Generating Project, submitted apetition requesting to modify airquality conditions of certificationAQ-21

—AQ-23; AQ-83; AQ-36-AQ-40;AQ-42; AQ-59; AQ-60 andAQ-61. The condition changes will 1) provide the project owner options for reducting theirNOx emissions from 2 parts permillion (ppm) to 1 ppm when Mobile Emission Reduction Credits (MERCs) expire. The modifications will also provide language clarification for compliance methods and consistency with Federal terminology. The modifications were approvedby the San Diego County AirPollution Control District and a revised Final Determination ofCompliance was issued on February 20, 2009. Staffis renumbering and reissuing all the air quality conditions ofcertification to ensure consistency in the numberingbetween the Energy Commission and the District’s conditions, and to highlight thosefew conditions changedbythis proposed amendment.
STAFFRECOMMENDATION Energy Commission staffreviewed the petition and finds thatit complies with the requirements ofTitle 20, Section 1769(a) ofthe California Code ofRegulations andrecommends approval of Otay MesaEnergy Center, LLC’s petition to modify the Otay Mesa Generating Project and amendrelated Conditions ofCertification.
ENERGY COMMISSIONFINDINGS Based on staff’s analysis, the Energy Commission concludes thatthe proposed changes will not resultin any significant impact to public health and safety, orthe environment. The Energy Commission finds that:

• The petition meets all the filing criteria ofTitle 20, section 1769(a) ofthe California Code ofReguJations concerning post-certification project modifications;

• The modification will not change the findings in the Energy Commission’s Final Decision pursuant to Title 20, section 1755;June 3, 2009 Page 23

information gathered 

### in this condition shall be included in the quarterly reports required in Condition AQ-64. AQ-43. AQ 48 The emissions ofparticulate matter less than 10 microns (PMjO) shall not exceed 9.0 lbs/hrwhen operated without ductfiring and shall not exceed 11.5 lbs/hrfor each turbine when operated with ductfiring. Compliance with this limit shall be based on an initial emissions source test and at least annual source testing thereafter. Verification: The project owner shall provide copies ofthe initial compliance and annual source test reports tothe District and the CEC CPM within 60 days after completion ofthe compliance or source tests. AQ-44. AQ 8-1 Fuel consumption by the auxiliary boiler shall not exceed 762,120 MMBtu (HHV) per rolling 12-month period..The GEMS shall record the total auxiliary boilerfuel usage for each rolling 12-month period (in MMBtu). The applicant shall maintain a log that contains, at a minimum, the dates, times and fuel consumption during each auxiliary boiler startup and shutdown and the total auxiliary boilerfuel consumption for each rolling 12-month period. These records shall be maintained on site for a minimum offive years and made available to Districtpersonnel upon request. Verification: The project owner shall maintain records ofthe operation ofthe auxiliary boiler. These records shall be maintained on site for a minimum offive years and shall be available for inspection by representatives ofthe District, California Air Resources Board (GARB) and the Commission. The information gathered in this condition shall be included in the quarterly reports required in Condition AQ-64. AQ-45. AQ 85 Once final selection and design details ofthe auxiliary boiler have been submitted to the District, specific operating parameters defining auxiliary boiler startups and shutdowns shall be established. Verification: At least 90 days priorto on-site delivery of equipment, the project owner shall provide copies ofdesign details ofthe auxiliary boiler, including any proposed post combustion control systems to the CPM and the District. AQ-46. AQ-86 The emissions of oxides ofnitrogen (NOx) from the auxiliary boiler, calculated as nitrogen dioxide, shall not exceed 9.0 parts per million by volume on a dry basis (ppmvd) corrected to 3% oxygen. Compliance with this limit shall be based on an initial emissions source test and annual source testing thereafter. This limit shall not apply during startups and shutdowns ofthe auxiliary boiler. Verification: The project owner shall provide copies ofthe initial compliance and annual source test reports to the District and the CEC CPM within 60 days after completion ofthe compliance or source tests.