Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 01/17/2001

Erie County
Applicant: State University Of New York
State University Plaza
Albany, NY 12246-
Facility: Buffalo State College
1300 Elmwood Ave
Buffalo, NY 14222-
Application ID: 9-1402-00573/00007
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Buffalo, Erie County
Project Description:

The Department has made a tentative determination to approve the application for a Title V permit for Buffalo State College (BSC), a four year college operated by the State University of New York (SUNY),located in the City of Buffalo. BSC currently operates four dual fueled (natural gas/residual fuel oil) stationary combustion installations (boilers), with a total maximum heat input capacity of 212 MMBTU/hr, which supply steam for the space heating of the buildings and dormitories on campus. In 1996, BSC was issued a federally enforceable emissions cap that restricted the facility-wide emissions of NOx and SO2 to below the applicability thresholds of 100 tons per year (tpy) each specified under 6NYCRR201-6, Title V Permits. BSC has now chosen to comply with the requirements of Title V of the Clean Air Act Amendments by accepting this permit which will allow the emission of more than 100 tpy of SO2. The Facility has chosen to avoid the requirements of 6NYCRR227-2, Reasonably Available Control Requirements for Nitrous Oxide (NOx) Emissions by limiting facility-wide NOx emissions to 99 tpy, which is below the applicability threshold. BSC is also subject to the applicable requirements specified under 6NYCRR225-1, Fuel Composition and Use - Sulfur Limitations and 6NYCRR227-1, Stationary Combustion Installations.

The application, draft permit, relevant supporting materials, and regulations are available for review during normal business hours at the regional office. Written comments may be made within the 30 day period ending on the last filing date indicated in this notice. The Department may modify the draft permit based on significant or important information raised during the comment period. The Department may also schedule a public hearing based upon an evaluation of the nature and scope of any written objections raised. Hearing Notices would contain instructions on filing for party status and submitting comments.

In accordance with 6 NYCRR Parts 621.5(d)(9) and 201-6.4(c)(1), 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 6 NYCRR Part 201. Following the 30 day comment period, the US EPA will have an additional 45 days to review the draft or modified draft permit. If the US EPA does not raise any objection in that time, the Department may then issue the final draft permit as the Title V permit.

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 Feb 16 2001.
Contact: Douglas E. Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
deborsch@gw.dec.state.ny.us

Applicant: Benderson Development Co Inc
570 Delaware Avenue
Buffalo, NY 14202-1207
Facility: Broadway & Kennedy Commercial Site
South Off Of Broadway
Cheektowaga, NY -
Application ID: 9-1430-00210/00004
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Project is Located: Cheektowaga, Erie County
Project Description:

The applicant proposes to fill 1.39 acres of federal wetlands in connection with the development of a 30.20 acre Broadway Development Park on Broadway between Kennedy Avenue and the I-90 New York State Thruway in the Town of Cheektowaga. The applicant plans to make a contribution for the creation of 2.8 acres of wetland at the Spring Marsh facility, a consolidated mitigation facility located on Koepsel Road in the Town of Newstead.

State Environmental Quality Review (SEQR) Determination: Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.
SEQR Lead Agency: Cheektowaga Town Board
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 Feb 2 2001.
Contact: Penny R. Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
prdempse@gw.dec.state.ny.us

Applicant: Erie County
95 Franklin St
Buffalo, NY 14202-3904
Facility: Sprague Brook Park
Foote Road
Concord, NY -
Application ID: 9-1438-00071/00005
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Protection
Project is Located: Concord, Erie County
Project Description:

The applicant proposes to remove approximately 3000 cubic yards of accumulated gravel by controlled skimming from two gravel bars each 300 lineal feet in length; remove fallen trees; and replace 60 lineal feet of gabion basket stream bank protection in Sprague Brook. The project is located within Sprague Brook Park between Route 240 and the main park road. The gravel will be used within this and other Erie County Parks.

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 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 Feb 2 2001.
Contact: Charles D. Cranston
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
cdcranst@gw.dec.state.ny.us

Applicant: Adesa New York
12200 Main Road
Akron, NY 14001-
Facility: Adesa Buffalo
12200 Main Road
Akron, NY 14001-
Application ID: 9-1456-00109/00001
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Newstead, Erie County
Project Description:

ADESA Buffalo, wholesale automobile auction facility, proposes to construct and operate a new body shop for reconditioning automobiles prior to sale. The permitted facility would consist of two emission units; 1-PAINT which is comprised of three paint booths, each equipped with a filter for particulate control and 2-PRIME which is comprised of three preparatory/priming booths, each equipped with a filter for particulate control. The proposed facility is subject to the opacity and particulate limits of 6NYCRR Parts 212.6(a) and 212.4(c) respectively. The facility has accepted three emission caps; Emission of Volatile Organic Compounds (VOCs) are limited to 49.9 tons per year for the entire facility, Emission of Hazardous Air Pollutants (HAPs) are limited to 24.9 tons per year for the entire facility and Emissions of xylene are limited to 9.9 tons per year for the entire facility. These three emission limits cap the facility below the major facility applicability threshold of 6NYCRR Subpart 201-6 (Title V permitting) and allows the facility to operate under an Air State Facility permit per 6NYCRR Subpart 201-5. The VOC emission limit also caps the facility below the applicability threshold of 6NYCRR Part 228- Surface Coating Processes. Since the facility's VOC emissions are capped below the major facility threshold of 6NYCRR Part 201, it is not subject to the provisions of 6NYCRR Subpart 231-2 - New Source Review in Nonattainment Areas and Ozone Transport Regions.

State Environmental Quality Review (SEQR) Determination: Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.
SEQR Lead Agency: Newstead Town Board
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 Feb 16 2001.
Contact: Penny R. Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
prdempse@gw.dec.state.ny.us

Niagara County
Applicant: Durez Corporation
5005 Lbj Freeway
Dallas, TX 75244-6119
Facility: Durez Niagara
5000 Packard Road
Niagara Falls, NY 14302-0863
Application ID: 9-2911-00111/00104
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Niagara Falls, Niagara County
Project Description:

The Department has drafted and made a tentative determination to issue a Part 373 Permit modification and an Air State Facility (ASF) Permit to authorize the Durez Corporation's Packard Road facility to construct and install air pollution control equipment on its existing on-site incinerator. Durez's Niagara Plant is located northeast of the intersection of New and Packard Roads in the City of Niagara Falls. The facility's manufacturing operations generate hazardous wastes, which are stored in containers and tanks, and incinerated in an on-site incinerator. The facility began producing phenolic resins in 1933 and has changed ownership several times over the course of its operations. Occidental Chemical Corporation (OCC) purchased the facility from BTL Specialty Resins Corporation in 1989. In turn, OCC sold the facility to Durez Corporation on November 1, 2000. On July 14, 2000, OCC submitted to the Department a revised Part 373 Permit renewal application which included plans to install air pollution control equipment (APCE) on the facility's hazardous waste incinerator. OCC also submitted a permit application for air emissions (ASF Permit). These plans included an expedited schedule for procurement, construction, installation, and performance testing of the APCE. In order for the facility to begin necessary construction activities, OCC had requested a limited permit modification which included a completion schedule for the APCE upgrade and associated activities such as submission of necessary protocols and plans. On November 27, 2000 the submitted applications and current permit were transferred from OCC to Durez. This modification includes the completion schedule as part of the Special Conditions section of the Part 373 Permit. Upon completion of the activities detailed in the completion schedule, Durez will resubmit a Part 373 Permit renewal application at which time the Department will draft a full renewal permit. Copies of the revised Part 373 Permit renewal application, ASF Permit application, draft Part 373 Permit modification, draft ASF Permit and a Fact Sheet are available for review at the DEC Region 9 Office at 270 Michigan Avenue in Buffalo; at the DEC Central Office, Room 452 at 50 Wolf Road in Albany; and at the Earl Brydges Public Library at 1425 Main Street in Niagara Falls. In addition to submitting comments or in lieu of comments, persons may request in writing a hearing on the draft Part 373 Permit modification and/or draft ASF Permit stating the nature of the proposed issues to be raised in the hearing.

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 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 Mar 5 2001.
Contact: Jeffrey E. Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
jedietz@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals