ENB Region 9 Completed Applications 10/26/2005

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve this application for the existing facility-wide air emissions from the WPS Niagara Generating Facility in the City of Niagara Falls, Niagara County.  The facility generates electric power for commercial sale.  The facility consists of a 468,000 lb/hr circulating fluidized bed (CFB) boiler, a 51,000 kw turbine generator, and a baghouse to remove particulates prior to discharge from the stack.  The CFB boiler is fueled by coal, petroleum  coke, clean untreated wood chips, tire derived fuel (maximum 30%, by weight, in combination with the primary fuels), used lubricating oil generated on site, and/or a combination of these fuels with fluidization achieved by blowing air into the combustion chamber medium of fuel, ash and limestone.  This type of combustion offers fuel flexibility, high combustion efficiency, and low oxides of nitrogen and carbon monoxide emissions.

The draft permit is a renewal and minor modification of the existing Prevention of Significant Deterioration (PSD) and Title V permits.  This permit will renew the existing permit conditions and allow the facility to conduct an operational test burn program for approximately 30 days utilizing greater than the presently permitted 30% tire-derived-fuel (TDF) blends so that the maximum percentage of TDF in the fuel that allows the facility to maintain stable boiler operation can be determined.  The facility must then conduct stack testing to verify that emissions from combusting TDF in the fuel blend at percentages greater than 30% will comply with existing permit limits and will not result in an exceedance of ambient air quality standards.  

In accordance with 6NYCRR Parts 621.5(d)(9) and 2016.4(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.  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: www.dec.state.ny.us/website/ohms/gudph1.htm