Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 01/23/2002

Chautauqua County
Applicant: Frewsburg Ctl Sch Dist
Institute St
Frewsburg, NY 14738-
Facility: Frewsburg Central School
26 Institute Street
Frewsburg, NY 14738-
Application ID: 9-0624-00009/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Carroll, Chautauqua County
Project Description:

The Department has made a tentative determination to approve this application for a modification of a permit for approximately 17,900 gpd of existing discharges of untreated sanitary and pool filter backwash wastewaters through septic tanks and absorption field and seepage pits to Frews Run and a proposed discharge of untreated sanitary wastewater to a septic tank and absorption field to Frews Run, a Class B waterbody, which is tributary 4 of Conewango Creek. There is also an existing discharge of bus garage floor drain wastewater through an oil separator to a nearby ditch with no outlet to surface waters. The applicant plans to install a new septic tank with an absorption field at the applicant's facility at 26 Institute Street in the hanlet of Frewsburg in the Town of Carroll in Chautauqua County. The application and draft permit are available for review. Refer to this application by application number listed above and SPDES number NY-0126004.

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 22 2002.
Contact: Penny R. Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
prdempse@gw.dec.state.ny.us

Applicant: Livermore Logging Inc
6868 Rte 60 South
Cassadaga, NY 14718-9706
Facility: Rhinehart Gravel Pit-Livermore Logging
Thornton Rd
Ellington, NY 14732-
Application ID: 9-0640-00018/00004
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Ellington, Chautauqua County
Project Description:

The applicant proposes an 11.4 acre addition to the existing 7.4 acre "Rhinehart Gravel Pit". No changes in mine operations and reclamation objective (agriculture and stable slopes) are proposed. The existing mine is located approximately 1,000 feet east of Chautauqua County Route 66 (Thornton Road) and 2,400 feet south of Bentley Hill Road. The expansion area extends to the north and east from the northeast corner of the current 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: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 22 2002.
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: Lfg Energy Inc
PO Box 508
9678 Main St
Clarence, NY 14031-0508
Facility: Landfill Gas Recovery System
55 Gunnville Rd
Lancaster, NY 14086-
Application ID: 9-1452-00057/02001
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Lancaster, Erie County
Project Description:

The Department has drafted an initial Air State Facility Permit pursuant to Article 19 (Air Pollution Control) of the Environmental Conservation Law for the LFG Energy Inc. Energy Upgrade Facility located in the Town of Lancaster, north of the NYS Thruway and west of Shisler Road. The facility uses landfill gas (methane) produced from the Lancaster landfill to generate a maximum of about 3.2 MW of electricity. The facility was previously registered under 6NYCRR 227-2. This permit establishes more stringent emission limits for Nitrogen Oxide (NOx) emissions than is required by 6NYCRR 227-2. The purpose of these limits is to develop emission reduction credits (ERCs) for use elsewhere. This permit caps emissions of NOx from each engine to 1.0 grams/bhp-hr and the facility to less than 46 tons of NOx per year. This creates 37 tons of NOx ERCs. The draft permit with conditions is available for review in the Region 9 Buffalo Office of NYSDEC.

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 22 2002.
Contact: David S. Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
dsdenk@gw.dec.state.ny.us

Applicant: Tonawanda Coke Corp
3875 River Rd
Tonawanda, NY 14150-6507
Facility: Tonawanda Coke Corp
3875 River Rd
Tonawanda, NY 14150-
Application ID: 9-1464-00113/00031
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Tonawanda, Erie County
Project Description:

This is a re-noticing of this application at the request of the New York Public Interest Research Group (NYPIRG). NYPIRG representatives were unable to comment during the public comment period because their offices were severely damaged as a result of the September 11, 2001 attack on the World Trade Center. Any member of the general public may avail themselves of the comment period now provided in this re-noticing of the application. 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 for the applicant's Tonawanda Coke Facility. The main product of Tonawanda Coke Corporation, located at 3875 River Road in Tonawanda, New York, is metallurgical foundry coke. The Tonawanda Coke facility emits nitrogen oxides and sulfur dioxide at levels above the major source thresholds of 100 tons per year. This Title V facility permit for Tonawanda Coke contains all of the air emission sources at the facility organized as emission units. Each of the emission units contains emission sources with similar air pollution control requirements. All applicable air pollution control requirements are listed in this permit along with the appropriate monitoring, record keeping and reporting necessary to determine the compliance status of the facility. The company will comply with state enforceable regulations 6NYCRR Parts 201-6, 202-2, 212, 212.6, 214, 227-1, and 227-2, and federally enforceable regulations 40 CFR 61 Subpart L and 40 CFR 63 Subparts V and L. Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. It is recommended that an appointment be made to confirm the availability of the subject files. The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date. In accordance with 6NYCRR Part 621.5(d)(9), the Administrator of the United States Environmental Protection Agency (EPA) has the authority to bar issuance of any Title V facility if it is determined not to be in compliance with applicable requirements of the Clean Air Act of 6NYCRR 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 objections in that time, the Department may then issue the final draft permit as the Title V permit. DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. A public hearing may be legislative or adjudicatory. A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below. An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination. An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

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: 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 22 2002.
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: Olin Corp
501 Merritt Seven
Norwalk, CT 06856-4500
Facility: Olin Chemicals Group Niagara Falls Plant
2400 Buffalo Ave
Niagara Falls, NY 14303-
Application ID: 9-2911-00068/00133
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Niagara Falls, 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 the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Olin Chemicals Group Niagara Falls Plant, located at 2400 Buffalo Avenue, Niagara Falls. The facility produces chlorine, sodium hydroxide, hydrogen, hydrochloric acid and sodium hypochlorite. The plant intends to add two steam packaged boilers with an anticipated start-up date of the fourth quarter of 2002. In addition, existing emission points will be combined into emission units in the permit. This permit includes federally enforceable conditions to "cap" the emissions of carbon monoxide (CO) and oxides of nitrogen (NOX) to less than 100 tons per year each per 6NYCRR Part 201.5. Olin must also comply with 40 CFR 82 requirements for refrigerants purchased. The Application and Draft Permit are available for review at the Region 9 Office of the New York State Department of Environmental Conservation.

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: 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 25 2002.
Contact: David S. Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
dsdenk@gw.dec.state.ny.us

Applicant: Occidental Chemical Corp
5005 Lbj Freeway
Dallas, TX 75244-
Facility: Occidental Durez Division Walck Rd Plant
673 Walck Road
North Tonawanda, NY 14120-0535
Application ID: 9-2912-00041/00022
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: North Tonawanda, Niagara County
Project Description:

The Department has drafted a modified permit and made a tentative determination to issue a requested modification to SPDES Permit No. NY-0001198 for an existing discharge of approximately 0.25 million gallons per day (MGD) of treated stormwater and "Peripheral Drain" groundwater into the Niagara River via storm sewers from the applicant's facility located at 673 Walck Road. This tentative determination indicates that the discharge regulated under Article 17, Titles 7 and 8 of the NYS Environmental Conservation Law is considered to satisfy regulatory requirements for permit issuance, based on information available to the Department at this time. As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on modification of the permit. As such, this tentative determination does not signify Department approval for or endorsement of the requested permit modification. Outfalls 003 and 004 have been deleted from the draft permit modification because those outfalls have been permanently plugged at the facility. Outfall 009 is now the only remaining outfall. In addition, the parameters: ethylbenzene; bis(2-ethylhexyl) phthalate; dibenzofuran; hexachlorobutadiene; trichlorofluoromethane; 4,4'-DDT; trichloroethylene; tetrachloroethylene; methylene chloride; 1,2 -trans-dichloroethylene; benzo(a)pyrene; mercury, total; and zinc, total which were previously regulated at outfall 009 as action levels have proposed permit limits.

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 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 22 2002.
Contact: Jeffrey E. Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
jedietz@gw.dec.state.ny.us

Applicant: Donald E. Sinclair
139 Harbor St PO Box 27
Wilson, NY 14172-0027
Facility: Sinclair Property
97 Harbor St
Wilson, NY 14172-0027
Application ID: 9-2942-00151/00005
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Marinas & Moorings
Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Wilson, Niagara County
Project Description:

The applicant proposes to construct 10 finger pier docks 3 feet wide by 24 to 30 feet long, with a perimeter area of 10,000 square feet and a capacity of 21 boats. In addition, dredging of an approximately 18,750 square foot area (2083 yards) is proposed to create a navigation channel. The project is located in the southeast end of Tuscarora Bay/Wilson Harbor.

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 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 Feb 11 2002.
Contact: Charles D. Cranston
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
cdcranst@gw.dec.state.ny.us

Wyoming County
Applicant: David Carr
4 Sherman Drive
Arcade, NY 14009-1336
Facility: David Carr Property
4 Sherman Drive
Arcade, NY 14009-
Application ID: 9-5620-00049/00004
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Arcade, Wyoming County
Project Description:

The applicant proposes to re-shape and stabilize approximately 210 feet of eroded streambank on Cattaraugus Creek using on-site materials. Upon completion of grading the bank is to be seeded, mulched and planted to willows. The project site is located on Cattaraugus Creek north of Sherman Drive, immediately downstream of an earlier bank stabilization project initiated by the applicant.

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 8 2002.
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