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ENB Region 9 Completed Applications 08/23/2017

Niagara County


CWM Chemical Services LLC
1550 Balmer Rd
Model City, NY 14107


CWM Chemical Services - Model City Site
1550 Balmer Rd
Model City, NY 14107

Application ID:


Permit(s) Applied for:

Article 19 Air State Facility

Project is Located:

Porter, Niagara County

Project Description:

CWM Chemical Services, L.L.C. ("CWM") proposes a modification to its current Air State Facility permit, No. 9-2934-00022/00233, for the Model City Facility, located at 1550 Balmer Road, in the Towns of Porter and Lewiston, to address air emissions from the construction and operation of a proposed hazardous waste landfill, referred to as the Residual Management Unit - Two (RMU-2).

The Department has prepared a draft permit modification and made a tentative determination to issue a modified Air State Facility permit ("draft ASF Permit Modification") pursuant to Article 19 of the Environmental Conservation Law and Part 201-5 of Title 6 of the New York Codes Rules and Regulations ("6 NYCRR"). The Department has determined CWM is not a major source of criteria or hazardous air pollutants, and has limited actual emissions below major source thresholds of 50 tons per year of Volatile Organic Compounds (VOC), 25 tons per year of total hazardous air pollutants, and 10 tons per year of each individual hazardous air pollutant. Thus, CWM is not subject to major source Title V air permitting, New Source Review permitting, VOC Reasonably Available Control Technology for Major Facilities, or the National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations - 40 CFR 63 Subpart DD.

The facility is subject to certain air emission standards as specified in the CWM's site-wide Part 373 Hazardous Waste Management Permit. To avoid duplication, the draft ASF Permit Modification does not reiterate the air emission control requirements required under 6 NYCRR Part 373 since those are already incorporated into CWM's Part 373 Hazardous Waste Management Permit. Similarly, the draft ASF Permit Modification references certain air monitoring protocols required by that Part 373 permit. Two of those protocols, the Fugitive Dust Control Plan (Attachment L) and the Air & Meteorological Monitoring Plan (Attachment N), are revised to include perimeter monitoring for PM-10 (treated as PM 2.5), use of the air monitoring network to determine compliance with the NAAQS and to include the requirements outlined in the Technical Guidance for Site Investigation and Remediation (DER-10) for construction and operation activities. These revised protocols replace the versions in the draft Part 373 Hazardous Waste Management Permit for the proposed RMU-2 landfill.

Please note that two versions of the Fugitive Dust Control Plan and the Air & Meteorological Monitoring Plan are available for review at the document repositories with the draft ASF Permit Modification. One version of each plan is marked to show the changes that were made to it. The other version of each plan is unmarked.

Persons wishing to inspect the subject draft ASF Permit Modification and draft Part 373 Permit Modification files, including the application with all relevant supporting materials, the draft permit, and other materials available to the DEC that are relevant to this permitting decision should contact the DEC representative listed below. The Draft ASF Permit may be viewed and printed from the Department website at:

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:

A draft environmental impact statement has been prepared on this project and is on file.

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 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 22, 2017.


Mark F Passuite
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203

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