ENB Region 9 Completed Applications 12/29/2004

The Department has initiated a modification of Dunkirk Power LLC's current Air Title V Permit for its Dunkirk Steam Generating Station, 106 Point Drive North, to include changes required by an Administrative Order (AO) issued by the United States Environmental Protection Agency's (EPA), Region 2 Office, dated July 31, 2003 in response to a petition submitted by the New York Public Interest Research Group (NYPIRG).  EPA also sent a September 4, 2003 letter, which was a followup letter to the AO, and requested a few other issues be addressed when the permit was reopened.  The permit revisions are discussed in a Permit Review Report with a summary of the significant changes as follows: (1)    A Consent Decree was signed March 31, 2004 for opacity violations.  The order included an opacity reduction plan, a monetary penalty for past violations, and a monetary penalty provision for future violations.  The final opacity reduction plan has been incorporated into this permit.  (2) Conditions were added to assure compliance with the applicable particulate limits.  Stack testing for particulates was changed from once every five years to annually.  Monitoring conditions were revised and/or added to insure compliance with the particulate limits between stack tests.  These conditions require record keeping of maintenance, malfunctions, corrective actions, other related activities, and electrostatic precipitator (ESP) operating parameters, such as monitoring of ESP voltage as an indicator of ESP operating efficiency. (3) Various other changes unrelated to the AO have been included in this permit: removing  pre2003 NOx Budget Program (6NYCRR 2273) and adding NOx Budget Program (6NYCRR 204, ozone season); adding Acid Deposition Reduction NOx (6NYCRR 237, nonozone season) and SO2 (6NYCRR 238) Budget Trading Programs; reducing the particulate limits by 0.01 lb/mmBtu at each boiler stack to correct a calculation error, and changing the due date for the quarterly excess opacity reports from 30 days to 60 days to conform with the State Implimentation Plan (SIP) requirement in “Stationary Combustion Installation”,  6NYCRR 2271.4(b).  Persons wishing to inspect the revised Air Title V Permit, identified as MOD 1 and related Permit Review Report and the opacity Consent Decree dated March 31, 2004, and the EPA AO and subsequent EPA letter, etc.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.  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.