Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 02/07/2001

Allegany County
Applicant: O & H Contracting Inc
5820 Main St
Buffalo, NY 14221-
Facility: O & H Gosper Pit
Cr-2 Karr Valley Rd|
Angelica, NY -
Application ID: 9-0232-00032/00001
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Angelica, Allegany County
Project Description:

The applicant proposes the mining of gravel and material processing with a portable dry-screen with a maximum capacity of 150 tons per hour, on 3 acres of land owned by Chester Gosper III. An existing haul road to two neighboring mines also on Mr Gosper's property will be shared for access to Karr Valley Road. The estimated life of the mine is 5 years and the reclamation objective is agriculture. The site is approximatley 150 feet south of Karr Valley Road, opposite Burdick Road intersection, and 750 feet north of Interstate Route 86.

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: NYS Department of Environmental Conservation
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 9 2001.
Contact: Kenneth C. Taft
NYSDEC Reg 9 Allegany Sub-Office
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
kctaft@gw.dec.state.ny.us

Applicant: Mike Boyczuk
7583 New Hudson Rd
Caneadea, NY 14717-
Facility: Mike Boyczuk Property
7583 New Hudson Rd
Caneadea, NY 14717-
Application ID: 9-0262-00017/00001
Permit(s) Applied for: Article 15 Title 5 Dam
Project is Located: New Hudson, Allegany County
Project Description:

T he applicant proposes to construct a 33 foot earthen dam, forming a 7.5 acre pond, to be located along Trib 10 of Rush Creek approximately 1/2 mile south of the intersection of New Hudson Road and Dolph Road. Earth for the dam will be excavated from the pool borrow areas on site. The proposed dam has a hazard class of A.

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: NYS Department of Environmental Conservation
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 23 2001.
Contact: Penny R. Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
prdempse@gw.dec.state.ny.us

Chautauqua County
Applicant: Desert Gas Exploration Co Inc
PO Box 390
Fredonia, NY 14063-
Facility: Gage Natural Gas Lease
137 West Main St
Frewsburg, NY 14738-
Application ID: 9-0624-00062/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Protection
Project is Located: Carroll, Chautauqua County
Project Description:

The applicant proposes to construct a natural gas well, "Gage No. 2", in an existing farm road in Freshwater Wetland No. JA-17. Well construction will temporarily disturb an area approximately 30 feet by 120 feet on the east side of the farm road and 12 feet by 80 feet on the west side of the road. With the exception of production equipment consisting of a brine tank and separator (dehydrator) to be installed east of the road, all areas of wetland disturbed by construction activities will be restored to original topograpy and soil conditions after well construction, and allowed to revegetate naturally. All imported fill material will be placed on the farm road. A production pipeline will be buried along the east side of the farm road, from the proposed well north to the existing "Gage No. 1" well, with a buried crossing of Frew Run Creek. The proposed well site is located on the Martin R. Gage property, about 2,500 feet south of US Route 62, at Frewsburg, NY.

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: A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
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 23 2001.
Contact: Kenneth C. Taft
NYSDEC Reg 9 Allegany Sub-Office
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
kctaft@gw.dec.state.ny.us

Erie County
Applicant: Republic Technologies International LLC
3770 Embassy Parkway
Akron, OH 44333-8367
Facility: Lackawanna Plant - 13 Inch Bar Mill
2130 Hamburg Turnpike
Hamburg, NY 14218-
Application ID: 9-1448-00178/00009
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Hamburg, Erie County
Project Description:

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve this application for the applicant's existing 13 inch bar mill located at 2130 Hamburg Turnpike in the Town of Hamburg and City of Lackawanna. Straight-length bar and coil bar steel products are manufactured at the facility. Industrial processes being performed at the facility include the use of a large reheat furnace to heat steel billets via a walking beam, various vertical and horizontal rolling stands, a pickling line and combustion units for steam production. As a result of this application, the applicant is requesting to include natural gas as a backup fuel for the two (2) boilers (EP63102 and EP63103). Presently, the boilers operate mainly on coke oven gas (COG) supplied from the BethEnergy coke ovens. The facility is a major source for carbon monoxide, oxides of nitrogen and sulfur dioxide. Sulfur dioxide emissions are reduced by the sulfur content limits placed on the coal being used in the BethEnergy coke ovens. Carbon monoxide emissions are associated with the combustion of gases used in the boilers and the reheat furnace. Currently, the emissions rate of carbon monoxide is not at a level that would require further emission reductions. Oxides of nitrogen are limited via 6 NYCRR Part 227-2 for the two boilers and the reheat furnace. The permit contains the monitoring and recordkeeping requirements necessary to prove Republic Technologies International is in continuous compliance with that limit.

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 off the nature and scope of any written objections raised. A hearing notice would contain instructions on filing for party status and submitting comments. In accordance with 6 NYCRR Part 621.5(d)(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 the applicable requirements of the Clean Air Act or 6 NYCRR Part 201. Following the 30 day comment period, the USEPA will have an additional 45 days to review the draft or modified draft permit. If the USEPA 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 Mar 12 2001.
Contact: Jeffrey E. Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
jedietz@gw.dec.state.ny.us

Niagara County
Applicant: Delphi Automotive Systems LLC
1450 West Long Lake
Mc 414480-260
Troy, MI 48098-
Facility: Delphi Harrison Thermal Systems
200 Upper Mountain Rd
Lockport, NY 14094-
Application ID: 9-2909-00018/00138
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Lockport, Niagara County
Project Description:

The Department has prepared a revised draft permit, fact sheet and summary

of revisions and has made a tentative determination to approve this Environmental

Benefit Permit Stategy Application for modification of SPDES Permit No. NY-0000558

for an existing discharge of 3 million gallons per day of treated process wastewater and varying

amounts of stormwater to the Gulf Tributary to Eighteenmile Creek (Class D),

at is motor vehicle parts manufacturing plant. The Draft Permit contains

revisions from the January 24, 1997 Draft Permit in responseto the permittee's March 7, 1997

comments. There are several changes in the draft permit to Action Levels for all three outfalls.

Delphi Harrison Thermal Systems is located at 200 Upper Mountain Road in Lockport.

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 Mar 12 2001.
Contact: Michael J. McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Applicant: Delphi Automotive Systems LLC
1450 West Long Lake
Mc 414480-260
Troy, MI 48098-
Facility: Delphi Harrison Thermal Systems
200 Upper Mountain Rd
Lockport, NY 14094-
Application ID: 9-2909-00018/00498
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Lockport, Niagara County
Project Description:

The Department has prepared a Draft permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application. Delphi Thermal Systems, having actual emissions of volatile organic compounds greater than 50 tons per year and total hazardous air pollutants (HAPs) greater than 25 tons per year, is a major facility subject to the Title V permitting (requirements of 6NYCRR, Part 201-6 and 40 CFR Part 70). Delphi is engaged in the production of radiators, condensers, evaporators, heater cores, oil coolers and HVAC cases for sale to automobile and truck manufacturers. Contaminants emitted from these operations include particulates (PM), volatile organic compounds (VOC), various hazardous air pollutants (HAPs) such as methanol, methyl ethyl ketone, phenol, xylene, ethylene glycol, glycol ethers, chromic acid, hydrogen fluoride, trichloroethylene, ethyl benzene, hydrochloric acid, and methyl isobutyl ketone. In addition potential emissions of sulfur dioxide, nitrogen oxides, and carbon monoxide could be generated from boiler operations. Currently, these units are on stand-by and power is purchased from a cogeneration facility. Production operations include surface coating, brazing, solder and welding operations, conversion coating, tube forming, thermal degreasing, and alkaline washing. There is also a wastewater treatment plant which generates fugitive emissions from wastewater treatment and sludge drying. Delphi requires the ability to make changes in equipment, operations, and materials expeditiously and without triggering a permit revision. Of importance as a major source of volatile organic compounds (VOC), are increases in VOC emissions which exceed the deminimus values as a result of changes or modifications and must be evaluated to determine if the requirements of 6NYCRR, Part 231-2, New Source Review (NSR) in Non-Attainment Areas are applicable. Delphi, as an existing major NSR source, has chosen to accept a plant-wide applicability limit (PAL) of 218 tons per year of VOC. The PAL will allow Delphi to implement the addition of new sources or modification of existing sources or operations which would result in an increase in VOC emissions without requiring a netting calculation or establishing a PTE limit for each change in order to avoid the major modification requirements of NSR. VOC emissions from any change must also be evaluated to determine if emission rate potentials require the applicability of the Process Reasonably Available Control Technology (RACT) per 6NYCRR, Part 212.10. Therefore, an operational flexibility plan is incorporated into this permit pursuant to 6NYCRR, Part 201-6.5(f) which will allow Delphi to make certain changes in their operation which will not incur a permit modification. The Application, Draft Permit, relevant supporting materials, and regulations are available for review during normal business hours at the DEC office provided in this notice. Comments of support or objection may be made by filing a written statement by the deadline date indicated. DEC may schedule a public hearing based upon a evaluation of the nature and scope of any written objections raised. Hearing Notices will contain instructions on filing for party status and submitting comments. In accordance with 6NYCRR Parts 621.5(d)(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.

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 Mar 9 2001.
Contact: Michael J. McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Wyoming County
Applicant: Steven L. Wing
4680 Route 39
Bliss, NY 14024-
Facility: Springdale Farm
4680 Route 39
Bliss, NY 14024-
Application ID: 9-5644-00030/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Protection
Project is Located: Pike, Wyoming County
Project Description:

The applicant proposes to work in Wiscoy Creek 1,000 feet south of the intersection of Hardys Road and State Route 39. The project is intended to prevent continuing movement of the creek channel toward farm structures, separate livestock from the creek and create trout habitat. Approximately 560 feet of Wiscoy Creek channel would be re-aligned and 300 feet of timber cribbing installed along the re-aligned channel. An existing 950 foot long overflow channel would be improved as part of the project. A bridge is proposed at a location where a bridge previously existed, so that farm equipment and livestock will not have to ford the creek. Permanent fencing would be erected on both sides of the creek to prevent erosion of the streambanks by livestock. The proposed project is being undertaken as a partnershiip with the Wyoming County Soil and Water Conservation District, the NYS Department of Environmental Conservation Bureau of Fisheries, the United States Fish and Wildlife Service, the Wyoming County Water Resources Coordinating Committee, the Western New York Chapter of Trout Unlimited and the private landowner.

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 23 2001.
Contact: Douglas E. Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
deborsch@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals