Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 12/29/2004

Chautauqua County

Applicant: Dunkirk Power LLC
901 Marquette Ave Ste 2300
Minneapolis, MN 55402 -3265
Facility: Dunkirk Steam Generating Station
106 Point Dr North
Dunkirk, NY 14048
Application ID: 9-0603-00021/00030
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Dunkirk, Chautauqua County
Project Description:

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.

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 located in a Coastal Management area and is 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 Jan 28 2005.
Contact: Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us

Erie County

Applicant: Huntley Power LLC
901 Marquette Avenue
Suite 2300
Minneapolis, MN 55402 -3265
Facility: Huntley Steam Generating Station
3500 River Rd
Tonawanda, NY 14150
Application ID: 9-1464-00130/00020
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Tonawanda, Erie County
Project Description:
The Department (DEC) has initiated a modification of the Air Title V Facility Permit for the permittee's C R Huntley Steam Generating Station located at 3500 River Road to include changes required by an Administrative Order (AO) issued by the United States Environmental Protection Agency (EPA), Region 2 Office, dated August 6, 2003 and subsequent EPA letter, dated September 4, 2003.  The AO granted in part and denied in part a petition submitted by the New York Public Interest Group, Inc. (NYPIRG), requesting that the EPA object to the initial Air Title V Facility Permit.  The requisite permit revisions are discussed in the Permit Review Report with a summary of significant changes as follows:  (1) A Consent Decree was signed March 31, 2004 for opacity violations.  The Consent Decree 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 revised permit.  (2) Conditions were added to assure compliance with the applicable particulate limit.  Stack testing for particulates was changed from once per permit term to annually.  Monitoring conditions were revised and/or added to insure compliance with the particulate limit in between stack tests.  These conditions require record keeping of maintenance, ESP operating parameters, malfunctions, corrective actions and related activities.  Conditions added that require monitoring of ESP voltage as an indicator of ESP operating efficiency.  (3) Conditions also added not related to the AO address Nitrogen Oxide (NOx) Budget Program, 6 NYCRR Part 204, ozone season; addition of the Acid Deposition Reduction Trading Program for NOx, 6 NYCRR Part 237, non ozone season; and Sulfur Dioxide (SOx), 6 NYCRR Part 238.
Persons wishing to inspect the revised Air Title V Facility Permit identified as MOD 2 and related Permit Review Report, the opacity Consent Decree dated March 31, 2004, the Title IV (Phase II Acid Rain) Permit, and System Wide Averaging Plan for Nitrogen Oxides as well as the EPA AO and subsequent EPA letter should contact the DEC representative listed below.  It is recommended that an appointment be made to confirm the availability of the subject documents.  The DEC will endeavor to make the documents available within 2 business days of contact, during normal business hours (8:30AM through 4:45PM), unless the requestor wishes to inspect the documents at a later date. The DEC will evaluate comments received on the revised Air Title V Facility Permit 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.  The 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 permittee 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 DEC 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 DEC is required to make pursuant to the Environmental Conservation Law exist.  A copy of the DEC's permit hearing procedures is available upon request or on the DEC website 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 located in a Coastal Management area and is 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 Jan 31 2005.
Contact: Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals