Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 07/17/2002

Erie County
Applicant: Clean Harbors Environmental Services
32 Bask Road
Glenmont, NY 12077-4500
Facility: Safety Kleen (Bdt) Inc
4255 Research Pkwy
Clarence, NY 14031-
Application ID: 9-1432-00004/00001
Permit(s) Applied for: Article 27 TItle 9 Resource Conservation and Recovery Act
Project is Located: Clarence, Erie County
Project Description:
Co-Applicants are Clean Harbors Environmental Services, Inc., 1502 Washington St., P.O. Box 850948, Braintree MA 02185-9048 and Safety Kleen (BDT) Inc., 4255 Research Parkway, Clarence, NY 14031. Applicants propose that Clean Harbors acquire operational control of Safety Kleen (BDT) Inc. through a stock transfer. Applicants seek transfer of the permits listed below, previously issued to Safety Kleen (BDT) Inc., to reflect the transfer of stock ownership and operational control of the Permittee and seek the NYSDEC Commissioner's approval of the change pursuant to 6NYCRR 373.3(a)(2): (1) 6NYCRR Part 373 Hazardous Waste Facility Permit No. 9-1432-00004/00006, issued 3/25/1999, (2) 6NYCRR Part 201 et seq. Air Permit/Certificate to Operate No. 143200 00007 0001A W 1, issued 3/7/1996, and (3) 6NYCRR Part 201 et seq. Air Permit/Certificate to Operate No. 143200 00007 0002A W 1, issued 3/7/1996, (4) 6NYCRR Part 201 et seq. Air Permit/Certificate to Operate No. 143200 00007 0003A W 1, issued 5/1/1997,  and (5) Stormwater SPDES GP-98-03 NYR00D323, issued 6/11/2001. The permitted facility is located at 4255 Research Parkway, Clarence, Erie County, NY 14031. The facility receives, stores, and treats ignitable, reactive, corrosive and other characteristic hazardous wastes in bulk, some P and U code listed wastes in laboratory packings and containerized reactive gases in pressurized cylinders. Bulk wastes consist of waste lithium batteries, waste electrolytes, and reactive and ignitable elements such as sodium, potassium and phosphorous. Treatment consists of either incineration or neutralization by hyrolysis. Packaged waste laboratory chemicals are treated when possible or are otherwise consolidated and stored on-site prior to ultimate shipment to other treatment/disposal facilities. The storage of hazardous wastes at the facility is in containers and the treatment is either in a hydrolysis tank system or an incinerator. No disposal of hazardous wastes takes place at the site. Clean Harbors is expected to form a new company for this facility, Clean Harbors BDT, LLC.
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 Aug 19 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: Gowanda - V
Municipal Bldg 27 E Main St
Gowanda, NY 14070-
Facility: Gowanda STP
Aldrich St
Gowanda, NY 14070-
Application ID: 9-1436-00007/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Municipal SPDES
Project is Located: Collins, Erie County
Project Description:
The Department has prepared a draft permit and fact sheet and made a tentative determination to modify the current SPDES Permit, # NY- 0032093, for the treated discharge of municipal wastewater from the Village of Gowanda  Wastewater Treatment Facility, located at Aldrich  Street, Gowanda, NY.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards 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 permit issuance The draft permit was developed in accordance with the Department’s Environmental Benefit Permit Strategy (EBPS) and uses information supplied by the Village. The EBPS score for this modification is 80 points.       
The proposed modification includes updated monitoring requirements per the Department’s Technical & Operational Guidance Series (TOGS 1.3.3.), which includes short term monitoring  of the outfall for five new parameters of concern and reporting. A pretreatment mini schedule providing for a Fast Report On Significant Industries (FROSI) is included as well as a discharge notification act maintenance requirement.  The plant provides secondary treatment via Two Stage Plastic Media Bio-towers, chemical precipitation removal of phosphorus and chlorination for a design flow of 2.203 MGD and discharges to Cattaraugus Creek, a class C(T) stream.  
The draft permit, fact sheet, application, and applicable regulations are available for inspection at the NYSDEC Region 9 Office.  Comments in support of or in opposition to the proposed permit may be made by filing a written statement by the deadline date indicated.     

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 Aug 22 2002.
Contact: Richard P Sweeney
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165

Applicant: First Baptist Church Of Marilla
11651 Bullis Rd
Marilla, NY 14102-
Facility: First Baptist Church Of Marilla
11651 Bullis Rd
Marilla, NY 14102-
Application ID: 9-1454-00051/00005
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Marilla, Erie County
Project Description:
The applicant proposes to remove 200 cubic yards of gravel and silt from Little Buffalo Creek to be used to construct a bench to support installation of 100 feet of rock rip rap revetment.  In addition, 4 rock bed sills will be installed across the stream to stabilize the stream grade.  The project objective is to eliminate flooding and bank erosion that damages the church's picnic and athletic grounds.  The site is located east of Two Rod Road, 900 feet south of Bullis Road, on Little Buffalo Creek.
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 Jul 31 2002.
Contact: Denise C Matthews
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165

Applicant: General Motors Corp
300 Renaissance Ctr
Detroit, MI 48265-3000
Facility: Gm Powertrain - Tonawanda Engine Plant
2995 River Rd
Buffalo, NY 14207-1099
Application ID: 9-1464-00048/00004
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Tonawanda, Erie County
Project Description:
    The applicant proposes several changes to its permitted discharges to the Niagara River (Class A Special) authorized under SPDES Permit No. NY-000 0574 for the GM Powertrain and American Axle facilities.  Changes in the Draft Permit include: 1.) The effluent from the industrial wastewater treatment plant are now discharged to the Tonawanda Municipal Wastewater Treatment Plant instead of the permittee’s Outfall 001; 2.) Outfall 003 which is currently a stormwater discharge will allow DTE Tonawanda LLC to discharge under its proposed permit for a wastewater treatment plant and chiller facility (see Notice of Complete Application for DEC ID 9-1464-00238/00001); 3.) A new Outfall 004 is proposed for discharge of backwash water from the pumphouse area into the Niagara River;  4.) Some contaminent parameters have been modified, including a new draft limit for PCB’s and; 5.) A schedule of Compliance has been added for a new analytical method for Congener PCB monitoring program.
    The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation law.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards 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 permit issuance.  As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project.  Refer to this application by the application number and SPDES numbers listed above.
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 Industrial Development Agency
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 Aug 19 2002.
Contact: Michael J McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Applicant: General Motors Corp
300 Renaissance Ctr
Detroit, MI 48265-3000
Facility: Gm Powertrain - Tonawanda Engine Plant
2995 River Rd
Buffalo, NY 14207-1099
Application ID: 9-1464-00048/00106
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Tonawanda, 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 has made a tentative determination to approve this application for modification of the existing facility-wide Air Title V permit for the GM Powertrain Facility located on River Road in Tonawanda.  The proposal is to install two, 530 HP, natural gas fired Waukesha engines to pump river water for cooling to the facility. Currently electric motors are used to perform this task. Catalytic converters to control emissions of Nitrogen Oxides will be used in order to stay below the applicability thresholds of 6 NYCRR part 231-2.  Both engines will be equipped with a three way Mirateck converter that will reduce emissions of Nitrogen Oxide, Carbon monoxide and Volatile Organic Compounds.
    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.
    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.
    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 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 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 Aug 19 2002.
Contact: Michael J McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Applicant: Dte Tonawanda LLC
414 South Main St
Ste 600
Ann Arbor, MI 48104-
Facility: Dte Tonawanda LLC
350 Vulcan St
Tonawnada, NY 14207-
Application ID: 9-1464-00238/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Tonawanda, Erie County
Project Description:
    The applicant proposes a new discharge of 3.935 million gallons per day of cooling tower blowdown and stormwater to the Niagara River, (Class A Special) via the existing General Motors  Outfall 003 from the applicant's newly constructed Utility Service Facility located at 350 Vulcan Street.  The applicant plans to operate a wastewater treatment plant and chiller facility to support the operations of the General Motors Corporation's (GM) Tonawanda Engine Complex.  The Draft Permit prepared by the Department contains Permit Limits and Monitoring requirements for Flow, pH, Oil & Grease, Solids - Total Suspended, Temperature, Chlorine - Total Residual, and has a Schedule of Compliance for submission of a Best Management Practices Plan.  See also Notice of Complete Appplication DEC ID 9-1464-00048/00004 for the proposed GM SPDES Permit Modification.
    The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation law.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards 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 permit issuance.  As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project.  Refer to this application by application number listed above and SPDES number, NY- 0259055.

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 performed.
SEQR Lead Agency: Erie County Industrial Development Agency
State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. The report of the survey is on file. No 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 Aug 19 2002.
Contact: Michael J McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Applicant: Nu-Clean LLC
5849 Berg Rd
Buffalo, NY 14218-
Facility: Nu Clean LLC
1700 Union Road
West Seneca, NY 14224-
Application ID: 9-1468-00075/00003
Permit(s) Applied for: Article 27 Title 7 Solid Waste Management
Project is Located: West Seneca, Erie County
Project Description:
The applicant proposes to construct and operate a construction and demolition debris processing facility with a maximum capacity of 100 tons per day. The design capacity is 13,000 tons per year. The proposed project site is located at 1700 Union Road, the site of the former Quality Lumber Company.
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 Aug 2 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