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ENB Region 9 Completed Applications 08/10/2016

Allegany County

Applicant:

Allegany County SWCD
Ag Service Ctr
5425 Co Rte 48
Belmont, NY 14813 -9747

Facility:

John Haenle Property
3729 Co Rte 16 - W side of Black Creek
Angelica, NY 14709

Application ID:

9-0272-00014/00003

Permit(s) Applied for:

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

Project is Located:

West Almond, Allegany County

Project Description:

The applicant proposes to skim a gravel bar approximately 250 linear feet long by 14 feet in width located at the confluence of California Creek with Black Creek [standard C(T)] at the project facility listed above. Gravel bar removal will be a minimum of 6 inches above the low summer water mark or higher, and will be used to restore an eroded streambank to a 2:1 slope, which will then be planted with willow stakes to provide erosion protection. Excess gravel bar material not needed for streambank shaping will be removed from the site.

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:

Cultural resource lists and maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for 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 Aug 25, 2016.

Contact:

Charles D Cranston
NYSDEC Region 9 Allegany Sub-Office
182 E Union St - Ste 3
Allegany, NY 14706
(716)372-0645
DEP.R9@dec.ny.gov


Cattaraugus County

Applicant:

Previty's Auto Wrecking Inc
11075 Galen Hill Rd
Freedom, NY 14065

Facility:

L&R Transfer Station
11075 Galen Hill Rd
Freedom, NY 14065

Application ID:

9-0442-00096/00001

Permit(s) Applied for:

Article 27 Title 7 Solid Waste Management

Project is Located:

Freedom, Cattaraugus County

Project Description:

The Department has made a tentative determination to approve an application for the construction and operation of a waste transfer facility to process nonputrescible solid waste and construction and demolition debris. The applicant proposes to operate on approximately 2.25 acres of a 12.6 acre site located on 11075 Galen Hill Road in the Town of Freedom. Approximately 40 tons per day of material not to exceed 12,500 tons annually generated in a seven county area would be processed. Previty's Auto Wrecking and L&R Roll-off Inc currently operates on the site. As a tentative determination, the Department is seeking comments on the proposed regulated activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify Department approval for or endorsement of an activity for which a permit is sought.

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:

Cultural resource lists and maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for 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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Aug 25, 2016.

Contact:

Bruno A Dibella
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Chautauqua County

Applicant:

Gernatt Asphalt Products Inc
13870 Taylor Hollow Rd
Collins, NY 14034

Facility:

Gernatt - Notaro Gravel Pit
12670 Buffalo Rd
Hanover, NY 14136

Application ID:

9-0646-00078/02001

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Hanover, Chautauqua County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 1,405 gallons per minute of water from an on-site settling basin and an on-site well for the purpose of aggregate production. The facility has been in operation for decades. No changes in current operations from recent years are proposed.

The Department has determined that the Facility is eligible for an Initial Permit under Section 15-1501.9 of the Environmental Conservation Law. Initial Permits are limited to existing facilities for existing water withdrawals over 100,000 gallons per day which were properly reported to the Department prior to February 15, 2012. Section 15-501.9 requires the Department to issue Initial Water Withdrawal Permits for the reported volume.

The Department has determined that the issuance of "initial permits" under ECL section 15-501.9 as implemented by 6 NYCRR 601.7 is a ministerial action and therefore subject to the Type II exemption set out in 6 NYCRR 617.5(c)(19).

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 application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Aug 25, 2016.

Contact:

Karyn Hanson
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Erie County

Applicant:

General Motors LLC
300 Renaissance Center
Detroit, MI 48265 -3000

Facility:

Tonawanda Engine Plant-General Motors Powertrain
2995 River Rd
Buffalo, NY 14207 -1099

Application ID:

9-1464-00048/00004

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Tonawanda, Erie County

Project Description:

The Department of Environmental Conservation (DEC) has prepared a draft permit and has made a tentative determination to issue a renewal to State Pollutant Discharge Elimination Systems (SPDES) permit (NY#0000574) for the discharge of treated surface wastewater to the Niagara River, a Class A-Special water. As a result of comments received, this is a re-notice of the Notice of Complete Application published in the Environmental Notice Bulletin on 4/18/2012.

Tonawanda Engine Plant-General Motors Powertrain facility activities include manufacturing and services related to the support of vehicle engine assembly. Wastewater consists of non-contact cooling water, remediation system discharge, flow from indoor garage floor drain, and stormwater. Treatment at the facility consist of sediment/oil water separation for Outfall 01B.

In addition to the proposed changes stated in the 4/18/2012 Notice of Complete Application, the DEC proposes to incorporate the following modifications to this permit: Inclusion of Biological Monitoring Requirements for the cooling water intake structure; and, inclusion of a Water Treatment Chemical condition.

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 application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Sep 09, 2016.

Contact:

Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Niagara County

Applicant:

Fortistar North Tonawanda Inc
1070 Erie Ave
North Tonawanda, NY 14120

Facility:

Fortistar North Tonawanda Inc
1070 Erie Ave
North Tonawanda, NY 14120

Application ID:

9-2912-00059/00013

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

North Tonawanda, Niagara County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to issue a renewal of the Title V Operating Air Permit for the Fortistar North Tonawanda, Inc. facility. A Title IV Acid Rain Permit has been drafted in accordance with 40 CFR 72 and is available for review as an attachment to the draft Title V Permit.

The facility, located at 1070 Erie Ave. North Tonawanda, New York, generates steam and electric power using a stationary gas turbine, heat recovery steam generator newly equipped with two duct burners, and a steam turbine generator. The nominal power output for the plant is approximately 63 megawatts (MW). The facility also operates a small auxiliary boiler, a larger standby natural gas fired auxiliary boiler, a primary diesel emergency generator engine and a secondary diesel starting motor. The facility currently generates electric power for sale to the local utility (National Grid) and is also under contract to provide steam to an existing greenhouse.

Natural gas is the primary fuel used at the facility, with No. 2 fuel oil as the backup for both the gas turbine and the auxiliary startup boiler and as the only fuel for the two diesel units. Revised limits for sulfur in fuel oil promulgated under 6 NYCRR 225-1.2 have been added to the permit.

The enforceable emission limits in the original Title V permit will be retained. This Title V permit renewal evaluated a project entailing the addition of two duct burners; it was determined that the project did not trigger New Source Review applicability under 6 NYCRR Part 231.

This renewal adds a new requirement for stack testing of the combustion turbine, the auxiliary startup boiler and the natural gas fired steam boiler once every five years.

This renewal also adds new limits for combustion turbine emissions of NOx and CO during startup and shutdown while firing natural gas, and requires the development of specific emission limits for startup and shutdown while firing oil.

The combustion turbine is subject primarily to the New Source Performance Standards 40 CFR 60 Subpart GG and the Reasonably Available Control Technology (RACT) for Oxides of Nitrogen 6 NYCRR Part 227-2. The auxiliary boiler and the 49.5 MMBtu/hr steam unit are subject to 40 CFR 60 Subpart Dc and NOx RACT.

The Department reviewed and approved an updated NOx RACT Plan. This permit renewal contains conditions that adhere to the operating limits proposed in the plan.

This permit transitions from prior acid rain/NOx Budget programs to the federal Cross-State Air Pollution Rule (CSAPR). The Title V Permit has been updated to remove various New York State acid rain/NOx Budget regulations which have been repealed since the last permit renewal was issued (6 NYCRR Parts 204 and 237). Citations for CSAPR, 40 CFR 97, have been added.

The facility is subject to requirements under 6 NYCRR Part 242, CO2 Budget Trading Program, which have been added to this permit renewal.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.3(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 DEC 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 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 application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Sep 09, 2016.

Contact:

Mark F Passuite
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


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