Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 03/05/2003

Cattaraugus County

Applicant: Indeck-Olean Limited Partnership
600 N. Buffalo Grove Road
Buffalo Grove, IL 60089
Facility: Indeck Olean Energy Center
140 Moore Avenue
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 this application for the second modification of the Indeck Olean Energy Center Title V Permit.  The primary change to the Draft Permit is that it now contains applicable requirements of the NOx Budget Trading Program, 6NYCRR Part 204.  The Draft Permit also eliminates conditions contained in previous permits which were not applicable to this facility.  The Indeck facility is a combined cycle cogeneration plant that fires natural gas and distillate oil in a combustion gas turbine to produce electricity and steam.  In accordance with 6NYCRR Parts 621.5(d)(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 requester wishes to inspect the files at a later date.  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.state.ny.us/website/ohms/gudph1.htm.

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 Apr 4 2003.
Contact: David S Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
dsdenk@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals