Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 05/16/2001

Cattaraugus County
Applicant: Trout Unlimited Red House Brook Chapter
PO Box 266
Little Valley, NY 14755-0266
Facility: Quaker Run In Allegany State Park
2373 Asp Rt 1 Ste 3
Cold Spring, NY 14779-
Application ID: 9-0426-00036/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Protection
Project is Located: Cold Spring, Cattaraugus County
Project Description:

The applicant proposes streambank erosion control and riparian plantings within a 3,000 ft. reach of Quaker Run to improve stream conditions and habitat for coldwater fish species. Streambank erosion control methods include rock and log deflectors, bendway weirs, rock riprap and tree revetment installations. The project is located along Quaker Run in Allegany State Park from Cain Hollow Road bridge upstream approximately 0.6 miles to the Quaker Run Road (ASP 3) bridge.

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 Jun 1 2001.
Contact: Mary E. Hohmann
NYSDEC Reg 9 Allegany Sub-Office
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
mehohman@gw.dec.state.ny.us

Applicant: John W. See
PO Box 305
Hinsdale, NY 14743-0305
Facility: See Property
County Road 19
Franklinville, NY -
Application ID: 9-0440-00071/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Franklinville, Cattaraugus County
Project Description:

The applicant proposes to construct a driveway to his cabin. A portion of the driveway will be located within the regulated 100 ft. wide adjacent area of State Freshwater Wetland No. FR-5. Driveway construction includes placement of two 28-inch diameter pipes in Tributary10 of Ischua Creek and filling the approaches to the driveway culverts along an approximately 35 ft. long by 20 ft. wide area. The project, which has already been started, is located on the east side of County Road 19 (Fivemile Road), approximately 1,200 feet southwest of the intersection of County Road 19 and NYS Route 16.

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 Jun 1 2001.
Contact: Mary E. Hohmann
NYSDEC Reg 9 Allegany Sub-Office
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
mehohman@gw.dec.state.ny.us

Applicant: Randy Jansen
10074 McKinstry Rd
Machias, NY 14101-
Facility: Hard Rock Gravel Products
Martin Rd/McKinstry Rd Intersection
Machias, NY 14101-
Application ID: 9-0458-00079/00005
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 23 Title 27 Mined Land Reclamation
Project is Located: Machias, Cattaraugus County
Project Description:

The applicant proposes a 72.87 acre expansion of the Hard Rock Gravel Mine (sand and gravel), currently pemitted for 8.43 acres, and the addition of a wash plant for material processing. The wash plant would have a recirculating wash water system with no discharge to surface or ground waters. It is also proposed to add topsoil as a mine product. The estimated life of the mine with the expansion is 25 years and the reclamation objective is to restore the site back to agricultural land. The existing mine is located southeast of the McKinstry Road and Martin Road intersection, and the expansion area is adjacent to the current southeast mine boundary.

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 Jun 15 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

Chautauqua County
Applicant: Dunkirk Power LLC
901 Marquette Ave
Suite 2300
Minneapolis, MN 55402-3265
Facility: Dunkirk Steam Generating Station
106 Point Dr North
Dunkirk, NY 14048-
Application ID: 9-0603-00021/00030
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Dunkirk, Chautauqua 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 Dunkirk Steam Generating Station located on the shore of Lake Erie. This is an electric utility which can produce a total of 600 megawatts of electricity during maximum production. The electrical generating facility consists of four pulverized coal, dry-bottom, tangential-fired boilers that primarily fire bituminous coal and fire distillate oil during startup. For this facility, 6 NYCRR Part 225 - "Fuel Composition and Use", and 6 NYCRR Part 227 - "Stationary Combustion Installations" establish emission limits and control requirements. Part 225-1 sets sulfur in fuel limits, and Part 225-2 limits the constituents of waste fuel to be burned for energy recovery. Part 227-1 limits particulate emissions and smoke opacity. Part 227-2 and Part 227-3 limit emissions of nitrogen oxides. The facility installed low nitrogen oxide burners on all four boilers before May 1995 and is also part of a Department approved system wide averaging plan to meet the nitrogen oxide emission limits of Part 227-2, NOx RACT. The installation, operation , maintenance, and calibration of continuous emissions monitoring systems (CEMS) and continuous opacity monitoring systems (COMS) are covered by the requirements of 40 CFR 75. The Acid Rain Permit for this facility required under 40 CFR 72, is referenced in this permit and is separately issued by this Department. Boilers 1 and 2 each have a maximum heat input of 922.2 mmBtu/hr and exhaust through individual stacks. Steam from each boiler is used to power a steam turbine-generator set. Boilers 1 and 2 are each capable of producing enough steam to generate 100 megawatts of electricity. Combustion Engineering manufactured boiler 1 in 1949 and boiler 2 in 1950. Boilers 3 and 4 each have a maximum heat input of 1,836 mmBtu/hr and exhaust through a common stack. Steam from each boiler powers two steam turbine-generator sets. Boiler 3 & 4 are each capable of producing enough steam to generate 200 megawatts of electricity. Combustion Engineering manufactured boiler 3 in 1959 and boiler 4 in 1960. There are currently two unresolved enforcement issues against the current owners of the facility. The Department has alleged that smoke emissions from the facility have and continue to exceed the 20% opacity limit contained in Part 227-1 on numerous occasions. The Department has also alleged that the facility has made modifications at the facility which were subject to 40 CFR 52.21, Prevention of Significant Deterioration, without first making proper permit applications and being issued the appropriate permits. Any compliance schedules developed due to these issues will be included in this permit when they are finalized. 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. A hearing notice 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), the Administrator of the US Environmental Protection Agency (EPA) 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 EPA will have an additional 45 days to review the draft or modified draft permit. If the 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 located in a Coastal Management area and is 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 Jun 18 2001.
Contact: Michael J. McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Erie County
Applicant: Habasit Ag
Romerstrasse 1
4153 Reinach-Basel, -
Facility: Habasit Belting Inc
1400 Clinton St
Buffalo, NY 14206-
Application ID: 9-1402-00269/02001
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Buffalo, Erie County
Project Description:

The Department has made a tentative determination to approve the application of Habasit AG, a manufacturer of conveyor belts located at 1400 Clinton Street. The facility's surface coating operations are regulated under Part 228. The draft permit establishes federally enforceable limits for Volatile Organic Compounds (VOC's), Hazardous Air Pollutants (HAP's) and any individual HAP below 50, 25 and 10 tons per year, respectively. By accepting these limits the company avoids the requirements of 6NYCRR Subpart 201-6, Title V Facility Permits. The application and draft air state facility permit are available for review during normal business hours at the regional office.

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 Jun 15 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: General Mills Inc
PO Box 1113
Minneapolis, MN 55440-1113
Facility: General Mills Inc
54 South Michigan Avenue
Buffalo, NY 14203-
Application ID: 9-1402-00565/00175
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Buffalo, 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 General Mills for the processing of whole grains for the manufacture of flour and for the production of cereal at 54 South Michigan Avenue in the City of Buffalo. The General Mills facility includes a co-located cereal processing plant and a co-generation plant for which separate Title V Permits will be issued. Air contaminants emitted from the Flour Plant include nitrous oxides (NOx), sulfur dioxide (SO2), volatile organic compounds (VOCs), particulates (PM/PM-10) and hazardous air pollutants (HAPs). This initial Title V Permit for an existing facility will result in no changes in Flour Plant operations.

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. A hearing notice would contain instructions for filing party status and submitting comments. In accordance with 6 NYCRR Part 621.5(d)(9) and 201-6.4(c), the Administrator of the US Environmental Protection Agency (EPA) 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 EPA will have an additional 45 days to review the draft or modified draft permit. If the 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 located in a Coastal Management area and is 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 Jun 18 2001.
Contact: Jeffrey E. Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
jedietz@gw.dec.state.ny.us

Applicant: Erie County
95 Franklin St
Buffalo, NY 14202-3904
Facility: NYS Regulated Wetlands In Erie County
NYS Regulated Wetlands
Buffalo, NY 14202-
Application ID: 9-1499-00059/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Aurora, Erie County
Project Description:

As part of the Erie County Health Department's Mosquito Control Program, it is proposed to annually apply Bacillus thuringiensis israelensis (Bti), Bacillus sphaericus (Bs), Methoprene (active ingredient in Altosid) and Agnique (Isostearyl Alcohol Ethoxylate) Monomolecular Film (MMF) larvicides in various wetlands and their regulated 100 foot wide adjacent areas in Erie County. The active ingredients in Bti and Bs are composed of viable endospores and delta-endotoxin crystals, which upon ingestion by mosquito larvae cause general gut paralysis and death. Methoprene is an insect growth regulator. It does not control larvae through direct toxic action. Rather, it interferes with normal mosquito metamorphosis, preventing larvae from developing into viable adult mosquitoes. Agnique MMF is a surfactant (surface active agent) which has been in use in various formulations for over 20 years. The product forms a film on the water surface and changes the surface tension at the air/water interface. This inhibits the proper feeding, resting, breathing and/or molting orientation of mosquito larvae and pupae at the air/water interface, leading to suffocation. It does not kill via chemical toxicity.

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: Erie County Health Department
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 located in a Coastal Management area and is 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 Jun 4 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: Occidental Chemical Corp
5005 Lbj Freeway
Dallas, TX 75244-
Facility: Oxychem Niagara - Main Plant
47Th Street And Buffalo Avenue
Niagara Falls, NY 14302-0344
Application ID: 9-2911-00112/00221
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Niagara Falls, Niagara 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 Occidental Chemical Corporation's existing hazardous Liquid Waste Incinerator (LWI) at its Buffalo Avenue facility in the City of Niagara Falls. This U Area facility is a hazardous waste treatment, storage and disposal facility for approved Occidental Chemical Corporation (OCC) liquid process and remedial wastes. Hazardous liquid wastes (including wastes containing dioxins, furans and PCBs) are transferred, stored and incinerated at the facility. The LWI is currently regulated by a 6 NYCRR Part 373-2 permit and four emission point permits under 6 NYCRR Part 201. The Clean Air Act Amendments of 1990 directed States to implement Facility Air Permits under Title V in place of emission point permits, if the source was a major source of hazardous air pollutants (HAPs). Although the U Area LWI is not a major source of HAPs, the entire OCC Buffalo Avenue facility is a major source and all units at the facility are subject to be covered by Title V Permits (OCC has also submitted separate Title V Permit applications for the Chlor-Alkali portion of the facility and another covering the remaining Specialty Business Group activities at the facility). In addition, a new New Emission Source Hazardous Air Pollutant (NESHAP) regulation, 40 CFR Part 63 Subpart EEE - National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors, was promulgated 9-30-99 which required the LWI to apply immediately for a Title V Permit as an existing hazardous waste incinerator. This Title V Permit also covers the LWI overall air provisions to comply with these Maximum Achievable Control Technology Standards for Hazardous Waste Combustors by September 30, 2002.

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. A hearing notice 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), the Administrator of the US Environmental Protection Agency (EPA) 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 EPA will have an additional 45 days to review the draft or modified draft permit. If the 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: 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 located in a Coastal Management area and is 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 Jun 18 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