The applicant proposes to remove sediment to reestablish a pool area in the lawn and to remove brush and sediment, cut back and shape stream banks to improve stream channel capacity. The project involves at total of 400 lineal feet of unnamed tributary #1 of Four Mile Creek and is located, upstream (south) of Cattaraugus County Road #60.

The Department has prepared a draft Air State Facility permit and made a tentative determination to approve this application pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law. The University at Buffalo, State University of New York South Campus (hereinafter Applicant) located at 220 Winspear Avenue, Buffalo, New York presently has four (4) underfeed stoker coal boilers and one (1) 75 million Btu/hr natural gas boiler located in the MacKay Power Plant (located along Winspear Ave). The Applicant has planned a complete rehabilitation of the MacKay Power Plant including replacement of mechanical and electrical systems, architectural restoration, emissions abatement, demolition of the five (5) existing boilers, piping, coal & ash handling equipment. The Applicant proposes to install three (3) new 76 million Btu/hr boilers burning natural gas/#2 oil. The Applicant's facility has a total annual potential to emit more than 100 tons of Oxides of Nitrogen(NOx) and Sulfur Dioxide (SO2) respectively, which exceeds the applicability limits specified in 6NYCRR Subpart 201-7.2. As such, the Applicant must demonstrate compliance by accepting emission limitations for the entire facility. The Air State Facility Permit will limit the emissions of NOx, and SO2 below the 100 ton per year threshold, and provide a federally-enforceable mechanism to verify that the facility is not a major source of the above identified pollutants and does not require a Title V facility permit.

The Applicant will use two temporary boilers to supply steam to the South Campus while the rehabilitation of the MacKay Power Plant is being performed from about May 2002 - May 2004. There will be one (1) 80 million Btu/hr natural gas boiler and one (1) 55 million Btu/hr natural gas boiler.

This permit also includes one (1) 25 million Btu/hr natural gas boiler that supples steam to Cary, Farber, Sherman and the Biomedical Research and Biomedical Education buildings. It also contains rules and regulations for two incinerators located in the Biomedical Education Building.

The application, draft permit, relevant supporting materials and regulations are available for review and comment during normal business hours at the Departments Region 9 Office. Comments of support or objection may be made by filing a written statement by the deadline date indicated.