ENB - REGION 9 NOTICES

        
Completed Applications Consolidated SPDES Renewals
Public Notice

Pursuant to Environmental Conversation Law Section 27-0900 et seq, the Department of Environmental Conservation hereby gives notice of the following:

The Commissioner of the New York State Department of Environmental Conservation (DEC) has received a petition from CWM Chemical Services, LLC (CWM) of Niagara County, Model City requesting a treatment standard variance under the variance provision of 6 NYCRR 376.4(e). This provision allows for the issuance of an alternative Land Disposal Restrictions (LDR) treatment standard for specific waste streams that, because of their chemical nature, cannot be treated to levels specified in 6 NYCRR Part 376.4(a).

CWM had previously petitioned the US Environmental Protection Agency (USEPA) for an identical variance under its 40 CFR 268.44. USEPA granted that variance at 66 FR 38405 (May 22, 2002).

CWM has requested a treatment standard variance from the existing LDR treatment standard of 26.2 mg/kg total arsenic for the following hazardous wastes derived from the treatment of listed hazardous waste K088: baghouse dust and filtercake generated at its Model City facility, and incinerator residue generated or treated at Model City. (Listed hazardous waste K088 is defined in 6 NYCRR 371.4(c) as "spent potliners from primary aluminum reduction.") These waste streams are derived from the treatment of multiple listed and characteristic hazardous wastes, including K088 itself. It is CWMís position that the chemical properties of these wastes differ significantly from the waste used to establish the LDR treatment standard for arsenic in K088 non-wastewaters. We believe CWM is correct. Accordingly, consistent with USEPAís granting of an identical variance under 40 CFR 268.44, the Commissioner has made a tentative determination to approve the variance request and allow an alternative treatment standard of 5.0 mg/L Toxicity Characteristic Leaching Procedure (TCLP) for arsenic in the K088-derived hazardous wastes listed above. This determination is believed to be warranted for the following reasons: 1) The 5.0 mg/L TCLP arsenic treatment standard is currently the standard applicable to arsenic in all other non-wastewater hazardous wastes; 2) The chemical properties of these K088-derived wastes differ significantly from the waste used to establish the existing standard of 26.1 mg/kg total arsenic; and 3) Arsenic concentrations in these K088-derived wastes cannot be treated to a lower standard based on a totals analysis because arsenic, as an element, cannot be destroyed and must be immobilized.

Interested parties are invited to comment in writing within 30 days of the date of publication of this notice on the Commissionerís tentative determination. After evaluating all public comments, the Commissioner will make a final determination and give public notice of the decision in the State Register and ENB. For additional information, interested parties are referred to the Federal Registers of July 24, 2001 (pp. 38405 - 38410) and May 22, 2001 (pp.35924 - 35928) available at www.access.gpo.gov

For further information, contact:
William Yeman
NYS Department of Environmental Conservation
625 Broadway - 8th Floor
Albany, New York 12233-7251
(518) 402-8633
Email: wxyeman@gw.dec.state.ny.us


Wetland Map Amendment Notice

Region 9 - Notice is hereby given that the comment period on the accuracy of the proposed amendment to Freshwater Wetlands Maps 3, 4, 9 and 13 of 31 of the Erie County Freshwater Wetlands Maps filed on September 10, 1986 has been extended until December 20, 2002. Notice was given in the October 23, 2002 Environmental Notice Bulletin that pursuant to Article 24 (Freshwater Wetlands Act) of the NYS Environmental Conservation Law and the Freshwater Wetlands Mapping and Classification Regulations ( 6 NYCRR Part 664) that NYSDEC proposes an amendment to Maps 3, 4, 9 and 13 of 31 of the Erie County Freshwater Wetlands Maps filed on September 10, 1986. NYSDEC proposes to add five wetlands: LA-16, OP-9, OP-10, TE-33 and TE-34. NYSDEC also proposes to adjust the boundaries of five wetlands: CC-27, TE-17, TE-20, TE-21 and TE-22. It is proposed that wetlands TE-17, TE-20 and TE-21 be combined to form one wetland, TE-17, and revise the classification from Class II to Class I.

Maps showing the proposed revisions are available at the Clerkís Office in the village, city, town and county where the change is taking place, as well as at the Region 9 Buffalo Office at the address listed below. The wetland boundaries are shown on the most recent version of NYSDOT 7Ĺ quadrangle map to show proximity to mapped features.

The original comment period was scheduled to end on November 27, 2002. Due to requests for additional time to submit comments, you may now submit comments on the accuracy of the proposed amendment in writing to the contact listed below, through December 20, 2002. If a public hearing will be held, further public notice will be given.

Pursuant to 6 NYCRR Part 664, once the announcement of a proposed amendment has been made, no activity subject to regulation under the Freshwater Wetlands Act may be initiated without a permit from NYSDEC within the area that is the subject of the proposal (including the 100 foot wetland adjacent area) until the Commissioner has either amended the map or denied the amendment.

Contact: Mark Kandel, NYSDEC, Region 9 Headquarters, 270 Michigan Avenue, Buffalo, New York 14203-2999. Phone (716) 851-7010.


Positive Declaration

Allegany County - The New York State Department of Environmental Conservation as lead agency, has determined that the proposed Hyland Factility Associates (Hyland), Hyland Facility Landfill Expansion may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves Hyland Facility Associates seeking a 6 NYCRR Part 360, Solid Waste Management Permit from the New York State Department of Environmental Conservation (NYSDEC) to construct and operate an expansion to an existing municipal solid waste landfill located at 6653 Herdman Road, in the Town of Angelica, Allegany County. The proposed action would increase the total permitted landfill facility's operation footprint from approximately 90 acres to a maximum of 162 acres. The existing regulated landfill cell area is 28.27 acres in size and the proposed landfill cell area expansion is 48 acres. The proposal would also increase the maximum permitted overall height of the landfill by 68 feet, from 2015 feet above sea level using the National Geodetic Vertical Datum established in 1929 (416 NGVD 29) to 2083 feet NGVD 29. The maximum daily tonnage of waste accepted would also increase from 745 to 1000 tons per day. The landfill life would be extended from 9 years to 24 to 29 years, depending on the rate of waste receipt. The company owned facility is located on a 624.4 acre parcel on Herdman Road, which is west of Peacock Hill Road and approximately 1.5 miles south of the Village of Angelica, in the Town of Angelica, Allegany County. The expansion area is located immediately south, adjacent to the currently permitted landfill.

Contact: Mary E. Hohmann, New York State Department of Environmental Conservation, 182 East Union, Suite 3, Allegany, NY 14706-1328, phone: (716) 372-0645.