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ENB Region 9 Completed Applications 11/02/2011

Erie County

Applicant:

City of Tonawanda
200 Niagara St
Tonawanda, NY 14150 -1003

Facility:

Niawanda Park-Niagara River
Niagara St (ST Rte 266) Near Hinds St
Tonawanda, NY 14150

Application ID:

9-1416-00027/00005

Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters
Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Tonawanda, Erie County


Project Description:

The Department has received an application for the proposed stabilization of the Niagara River streambank in Niawanda Park with approximately 700 linear feet of concrete riprap, topsoil and seeding for repair and replacement of existing revetment. Existing concrete slabs are proposed to be broken into medium sized pieces and used as riprap bedding material along with newly installed riprap. The proposed bank improvement project will also consist of bioengineering plantings that include Virginia Creeper and Dogwood stakes. The project is located at Niawanda Park in the area behind City Hall. The Department has made a tentative determination to approve this application. As a tentative determination, the Department is seeking public comment prior to making a final decision on permit issuance.

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: Tonawanda City Council

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

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 Nov 17, 2011.

Contact:

Bruno A Dibella
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
dep.r9@dec.ny.gov


Applicant:

Sunoco Partners Marketing & Terminals LP
1735 Market St
Philadelphia, PA 19103

Facility:

Sunoco Tonawanda Terminal
3733 River Rd
Tonawanda, NY 14150

Application ID:

9-1464-00132/00019

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Tonawanda, Erie County


Project Description:

The Department has prepared a draft permit and made a tentative determination to renew the Title V permit for the Tonawanda Terminal which is a bulk marketing terminal for distributing gasoline, diesel fuel and ethanol. The facility is subject to 6 NYCRR Part 201-6, Title V Permits, for major stationary sources due to potential emissions of volatile organic compounds (VOC) in excess of 50 tons per year (tpy). The facility is also subject to 40 CFR Part 63 BBBBBB. Sunoco will continue to restrict the emissions of hazardous air pollutants (HAP) to below the 40CFR Part 63 Subpart R threshold of 10 tpy of any individual HAP and 25 tpy of all HAP compounds combined by limiting throughputs in any consecutive 12 month period to 456,000,000 gallons of gasoline and 193,000,000 gallons of distillates. Transmix is included in the gasoline volume. The vapor combustion unit will now only be used during maintenance of the newly installed vapor recovery unit.

In accordance with 6NYCRR Parts 621.7(b)(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. 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. Comments and requests for a public hearing should be in writing and addressed to the Department representative listed below. 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 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 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 Dec 02, 2011.

Contact:

Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
dep.r9@dec.ny.gov


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