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ENB Region 9 Completed Applications 06/20/2007

ENB Region 9 Completed Applications 06/20/2007

Cattaraugus County

Applicant:

INDECK-OLEAN Limited Partnership
600 N. Buffalo Grove Road
Buffalo Grove, IL 60089

Facility:

Indeck Olean Energy Center
140 Moore Ave
Olean, NY 14760

Application ID:

9-0412-00042/00011

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Olean, Cattaraugus County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to approve the Title V permit renewal for the existing Indeck Olean Energy Center located at 140 Moore Avenue, Olean. This is a cogeneration facility that includes a combustion gas turbine, a heat recovery steam generator with duct burners and a steam turbine electric generator. Together, this equipment produces electricity for the grid and steam for a steam host. The primary fuel is natural gas and the back-up fuel is distillate oil.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. It is recommended that an appointment be made to confirm the availability of the subject files. The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. A public hearing may be legislative or adjudicatory. A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination. An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 20, 2007.

Contact:

David S Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Applicant:

INDECK-OLEAN Limited Partnership
600 N. Buffalo Grove Road
Buffalo Grove, IL 60089

Facility:

Indeck Olean Energy Center
140 Moore Ave
Olean, NY 14760

Application ID:

9-0412-00042/00013

Permit(s) Applied for:

Article 19 Title IV (Phase II Acid Rain)

Project is Located:

Olean, Cattaraugus County

Project Description:

The Department (DEC) has prepared Draft Permit and has made a tentative determination to approve this application for renewal of the existing Title IV Acid Rain Permit for the existing Indeck Olean Energy Center located at 140 Moore Avenue, Olean. This is a cogeneration facility that includes a combustion gas turbine, a heat recovery steam generator with duct burners and a steam turbine electric generator. Together, this equipment produces electricity for the grid and steam for a steam host. The primary fuel is natural gas and the back-up fuel is distillate oil. The Title IV Permit is required by 40 CFR Part 72 and will allow the US Environmental Protection Agency (EPA) and DEC to continue to enforce the requirements of the Acid Rain Program. Emissions will not increase as a result of the Title IV Permit renewal. The prior Title IV Permit issued to this facility remains in force until it is replaced by the renewed permit. The applicant will be required to have sufficient sulfur dioxide (SO2) allowances in its possession to cover SO2 emissions from this facility. The applicant shall submit annual compliance certification reports to EPA and DEC. The applicant shall monitor, maintain and certify monitoring systems for opacity, SO2 emissions, NOx emissions, carbon monoxide emissions, oxygen emissions and volumetric flow rates in accordance with the requirements of 40 CFR Part 75. In accordance with 6 NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of EPA has the authority to bar issuance of this permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR Part 201.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 20, 2007.

Contact:

David S Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Niagara County

Applicant:

Diocese of Buffalo
Chancery Office 795 Main St
Buffalo, NY 14222

Facility:

Queen of Heaven Cemetery
North Wisterman Rd
Lockport, NY 14094

Application ID:

9-2926-00118/00003

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance

Project is Located:

Lockport, Niagara County

Project Description:

The applicant proposes to install a maximum of 360 feet of riprap along the bank of Tonawanda Creek at the cemetery for erosion protection. The cemetery is located on Tonawanda Creek Road 4,700 feet east of Minnick Road. A failed steel sheet pile wall will be removed before the placement of the riprap. Four outfalls will be installed within the project area, two of which will discharge collected surface water and two that will discharge groundwater intercepted behind the riprap.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 06, 2007.

Contact:

Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


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