ENB Region 9 Completed Applications 10/04/2006

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of an existing Title V Permit for Indeck-Yerkes Energy Services (Indeck-Yerkes). This facility, which commenced operation in l988, generates up to 61.3 MW of electricity for sale and provides steam to the adjoining DuPont-Yerkes Plant, with a GE Frame 6 gas turbine (42 MW output), a heat recovery steam generator with duct burner (30 mmBTU/hr heat input) and a GE condensing steam turbine generator (19.3 MW output). A dual fueled (natural gas or No. 2 fuel oil) auxiliary boiler (99 mmBTU/hr heat input) is operated to produce steam for the DuPont-Yerkes Plant when the cogenerator is not operating. The gas turbine is fueled primarily with natural gas but may also be fired with No. 2 fuel oil as back-up or a combination of both natural gas and No. 2 fuel oil. Indeck-Yerkes is required to monitor oxides of nitrogen (NOx), carbon monoxide (CO) and oxygen (O2) levels in the exhaust gas in the stack with a Continuous Emissions Monitoring System (CEMS). Outputs from the CEM system are recorded and stored using a Data Acquisition and Handling System (DAHS). Indeck-Yerkes is subject to the Best Available Control Technology (BACT) requirements under  40CRF52.21(j), Prevention of significant deterioration of air quality (PSD) for sulfur dioxide (SO2), NOx, particulates (PM) and PM-10 (particulates with a diameter equal to or less than 10 micro-meters).

In accordance with 6NYCRR Parts 621.6(g) and 201-6.4(c), the Administrator of US Environmental Protection Agency 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 Title V files, including the application with all relevant supporting materials, the Draft Permit, and all other materials available to 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. 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 DEC representative listed below. An adjudicatory public hearing is a trial type hearing 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 DEC is required to make pursuant to the Environmental Conservation Law exist.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a Title IV (Phase II Acid Rain) Permit for Indeck-Yerkes Energy Service (Indeck-Yerkes) as required by 40 CFR Part 72 for its existing combined cycle cogeneration plant which produces electricity for sale and process steam for the adjoining Dupont-Yerkes Plant in the Town of Tonawanda. Since the facility is subject to the Acid Rain and NOx Budget Programs, year-round monitoring of oxides of nitrogen (NOx), sulfur dioxide (SO2), carbon dioxide (CO2) and volumetric flowrate is required in accordance with 40 CFR Part 75 to verify that actual emissions do not exceed emission allocations for a specified time period. NOx emissions are monitored via a Continuous Emissions Monitoring System (CEMS). In lieu of a CEMS, alternative methods specified in Appendix D of Part 75 are used to monitor SO2 emissions. Fuel flow to the gas turbine and duct burner is monitored via certified flow meters for both natural gas and No. 2 fuel oil. Diluent gas O2 is monitored via the CEMS, in lieu of CO2, under provisions allowed within the Acid Rain Program. Indeck-Yerkes must comply with all requirements established in this permit, including record keeping and reporting requirements. Indeck-Yerkes is also subject to the applicable requirements specified in its Title V Permit. In accordance with 6NYCRR Parts 612 and 201, the Administrator of EPA has authority to bar issuance of this permit if it is determined not to be in compliance with the applicable requirements of the Clean Air Act or 6 NYCRR Part 201.