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ENB Region 9 Completed Applications 04/29/2009

Chautauqua County

Applicant:

Lynne Dimmer

Facility:

Dimmer Property
156 Willow Rd
Dunkirk, NY 14048

Application ID:

9-0634-00074/00001

Permit(s) Applied for:

Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Dunkirk, Chautauqua County


Project Description:

The applicant proposes to install tree revetment stream bank stabilization along approximately 236 ft of Canadaway Creek. The project site is located at the facility address listed above, approximately 590 feet upstream of Willow Road.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

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 May 14, 2009.

Contact:

Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Ste 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us


Niagara County

Applicant:

E I Dupont De Nemours & Co
1007 Market St
Wilmington, DE 19898

Facility:

Dupont Company
Buffalo Ave & 26TH St
Niagara Falls, NY 14302 -0787

Application ID:

9-2911-00030/00041

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Niagara Falls, Niagara County


Project Description:

The New York State Department of Environmental Conservation (DEC) is pursuing a Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) Permit (NY 000 3328), pursuant to 6 NYCRR Part 750-1.18, New York State's Environmental Benefit Permit Strategy (EBPS). As a result of comments submitted by the permittee, this is a renotice of the Notice of Intent to Modify published in the Environmental Notice Bulletin on 11/29/06.

The E.I. DuPont de Nemours and Co., Inc (Niagara Falls Plant) produces metallic lithium and chlorine (as a by-product) by electrolysis in a mixture of molten salts. The facility uses intake water (an average of 7mgd through outfalls 01E and O1W) from the Niagara River, as non-contact cooling water for their operation.

The following changes to the permit are proposed from the previous draft: Wastewater descriptions at Outfalls 01E and 01W have been modified. Monitoring and reporting mercury discharge concentrations at stormwater outfalls for 3 years with submission of an annual mercury minimization status report has been added. Total phenolics have remained the same.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

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 May 29, 2009.

Contact:

Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us


Applicant:

Model City Energy LLC
2999 Judge Rd
Oakfield, NY 14125 -9771

Facility:

Model City Energy Facility
1447 Pletcher Rd
Youngstown, NY 14174

Application ID:

9-2924-00110/00002

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Lewiston, Niagara County


Project Description:

The Department has prepared a Draft Title V Permit and has made a tentative determination to approve this application. The Model City Energy LFG to Energy facility is located adjacent to the Modern Landfill near Pletcher and Harold Roads. The facility currently combusts scrubbed landfill gas using eleven internal combustion engines and eleven generator sets to produce electrical power for sale. With the issuance of this permit, the facility will be a major source of CO (under applicable PSD rules) and NOx (under applicable ozone nonattainment area NSR rules). Emissions from all engines include Sulfur Dioxide, Volatile Organic Compounds, PM-10 and Hazardous Air Pollutants, although the facility is not a major emitter of these substances.

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 requestor wishes to inspect the files at a later date. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.

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.ny.gov/permits/6234.html.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: NYS Department of Environmental Conservation

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 May 29, 2009.

Contact:

David S Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


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