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ENB Region 9 Completed Applications 06/10/2009

Niagara County


Elm Holdings Incorporated
c/o BP Exploration
4850 E 49TH St MBC3-147
Cleveland, OH 44125


Former Carborundum Site
2040 Cory Rd
Sanborn, NY 14132

Application ID:


Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Wheatfield, Niagara County

Project Description:

The New York State Department of Environmental Conservation (NYSDEC) is pursuing a Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) Permit (NY 000 1988), pursuant to 6 NYCRR Part 750-1.18, New York State's Environmental Benefit Permit Strategy (EBPS). This DIM was previously noticed in the Environmental Notice Bulletin and the Tonawanda News on 11/26/08. As a result of comments received from the applicant, the following changes to the permit are proposed:

The discharge limit for lead has been changed to 15ug/l. The analytical methods specified in the special conditions have been revised to require more sensitive methods. The total dissolved solids limit has been replaced with a short term high intensity monitoring program requiring weekly sampling. Whole effluent toxicity testing has been removed from the permit based on reports provided by the permittee. Sample types for Volatile Organic Compounds have been changed to 8-hr composites. A footnote has been added denoting how sample collection will be performed.

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:

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 Jul 10, 2009.


Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233

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