ENB - REGION 9 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Hearing

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, notice is hereby given that the New York State Department of Environmental Conservation (Department), will hold joint hearings on amendments to proposed rules, 6 NYCRR Part 228, Surface Coating Processes, and Part 200, General Provisions, and on New York’s State Implementation Plan. Hearings will be held for amendments to the proposed rulemaking and State Implementation Plan at the following locations and times:

DateTimePlace
Monday
March 3, 2003  
1 PM NYSDEC Annex, Region 2, 11 - 15 47th Avenue, Hearing Room 106, Long Island City NY 11101
Wednesday
March 5, 2003  
1 PM NYSDEC, 625 Broadway, Conference Room 919, Albany NY 12233
Friday
March 7, 2003  
1 PM Mahoney State Office Building, 65 Court Street, Hearing Room Part 1, Buffalo NY 14203

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearings. At each hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. The Department will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend each hearing.

The hearings are scheduled in places that are reasonably accessible to persons with impaired mobility. At the hearings, the Department will provide interpreter services for deaf persons at no charge. Written requests are required and should be submitted by February 17, 2003, to Arlene Schmidt, NYSDEC, 625 Broadway, Albany NY 12233-3250, 518 402-8465.

Congress established the Northeast Ozone Transport Region (OTR) and the Ozone Transport Commission (OTC) as part of the 1990 amendments to the Clean Air Act (CAA). The OTR is comprised of the States of Maine, Vermont, NewHampshire, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, New Jersey, Delaware, Maryland, the District of Columbia, and a portion of northern Virginia. Part 228, the Mobile Equipment Repair and Refinishing (MERR) model rule is an outcome of OTC’s efforts to reduce ground-level ozone. New York State intends to fulfill its obligations under the OTC Memorandum of Understanding (MOU) by incorporating this model rule into 6 NYCRR Part 228.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration stating that the proposed action will not have a significant effect on the environment.

Information may be obtained from Bradford Shaw, NYSDEC Division of Air Resources, 625 Broadway, Albany NY 12233-3254, telephone: 518 402-8403; email, . Written statements will be received until 5 p.m., March 13, 2003.

The proposed regulation may be obtained from any of the following Department offices:

Region 1, Building #40, State University of New York, Stony Brook NY 11790, Attention: Ajay Shah
Region 2, Hunters Point Plaza, 47-40 21st Street, Long Island City NY 11101, Attention: Amar Nagi
Region 3, 21 South Putt Corners Road, New Paltz NY 12561, Attention: Robert Stanton
Region 4, 1150 North Westcott Road, Schenectady NY 12306, Attention: Rick Leone
Region 5, Hudson Street Extension, Box 220, Warrensburg NY 12885, Attention: Michael Stawarz
Region 6, Watertown State Office Bldg , 317 Washington St , Watertown NY 13601, Attn: Tom Morgan
Region 7, 615 Erie Boulevard West, Syracuse NY 13204-2400, Attention: Reginald Parker
Region 8, 6274 East Avon-Lima Road, Avon NY 14414, Attention: Thomas Marriott
Region 9, 270 Michigan Avenue, Buffalo NY 14202, Attention: Larry Sitzman

Public Notice

Project Title: Availability of Explanation of Significant Difference for the Buffalo Outer Harbor/Radio Tower Area Inactive Hazardous Waste Site Site # 9-15-026

Project Location: Fuhrmann Boulevard, Buffalo New York

Brief Project Description: The New York State Department of Environmental Conservation (NYSDEC) in consultation with the New York State Department of Health (NYSDOH) has issued an Explanation of Significant Difference (ESD) to modify the remedy selected by the March 1999 Record of Decision for the Buffalo Outer Harbor/Radio Tower Area Site based on new site information. The Buffalo Outer Harbor/Radio Tower Area Site is located in the City of Buffalo in Erie County, New York. The Radio Tower Area (RTA) is located in the southeast corner of a larger parcel of land commonly known as the Buffalo Outer Harbor property. The property is located approximately 1 mile south of downtown Buffalo, and is bordered to the east by Fuhrmann Boulevard and to the west by Lake Erie.

The Buffalo Outer Harbor property is owned by the Niagara Frontier Transportation Authority (NFTA) and was listed as a Class 2 Inactive Hazardous Waste Disposal Site in the early 1990's. To characterize environmental conditions at the Buffalo Outer Harbor property, a Remedial Investigation and Feasibility Study (RI/FS) was completed by the NYSDEC. Based upon the results of the RI/FS, in 1997 the NYSDEC removed over 100 acres of the property from the Registry of Inactive Hazardous Waste Disposal Sites The RI/FS also concluded that 100 feet by 100 feet area in the southeast corner of the property in the vicinity of NFTA’s radio communication tower was found to contain a significant and consequential amount of hazardous waste. This area, commonly referred to as the Radio Tower Area, remains on the State Registry of Inactive Hazardous Waste Disposal Sites and requires remediation.

As more fully described in the ESD, historic filling operations at the Buffalo Outer Harbor resulted in the disposal of sludge like material containing high levels of nitrobenzene. The 1999 ROD chose ex situ bioremediation using a proprietary soil amendment technique to remediate contaminated soil at the RTA. In August 2000, Honeywell International Inc. signed an Interim Order on Consent with the NYSDEC to conduct a pre-design pilot study to evaluate the use of in situ chemical oxidation as a means to address contamination at the site. For this pilot study, Honeywell injected contaminated site soil with a strong oxidizing agent and successfully demonstrated that in situ chemical oxidation as an alternative remediation technology is as effective, costs less, provides a greater degree of protection to human health, and is more easily implemented as compared to the ROD remedy.

The Explanation of Significant Difference (ESD) has been prepared to provide the public with an explanation of the nature of the modification to the remedial treatment component of the selected remedy as set forth in the ROD, to summarize the information that supports this modification, and to affirm that the modified remedy complies with State and Federal requirements that are legally applicable or relevant, and is cost effective. The ESD is incorporated into the Administrative Record for the Site.

The Explanation of Significant Difference is available for public review at the NYSDEC’s Buffalo office, 270 Michigan Ave.; please call Mr. David Locey at (716) 851-7220 for an appointment. Written comments expressing objection or opposition to the ESD should explain the basis of that opposition and identify the specific grounds which could lead the Department to impose significant changes to the ESD. No formal response to comments received is anticipated but, as a result of the comments, the Department may re-evaluate and revise the ESD.

Contact: Mr. Gary E. Kline, P.E.; NYSDEC, 625 Broadway, Albany, New York 12233-7017, phone: (518) 402-9669, fax (518) 402-9679 or at gekline@gw.dec.state.ny.us

Negative Declaration

Allegany County - The Alfred-Almond Central School District, as lead agency, has determined that the proposed renovation of School Building and Athletic Fields will not have a significant adverse environmental impact. The District will renovate, reconstruct, refurnish and re-equip the existing school building and athletic fields. The project is located at the Alfred-Almond Central School District, 6795 Route 21, Almond, NY.

Contact: Richard A. Nicol, Superintendent of Schools, 6795 Route 21, Almond, NY 14804, phone: (607) 276-2961.


Erie County - The Erie County, as lead agency, has determined that the proposed Union Road Pumping Station and Forcemain and Hyland Avenue Pump Station Elimination and Interceptor Sewer will not have a significant adverse environmental impact. The action involves the installation of approximately 2,500 linear feet of 8 inch sanitary sewer from the Hyland Avenue Pumping Station site to a truck sewer located on French Road. The installation of the interceptor sewer will eliminate the Hyland Avenue Pumping Station. This project also includes the construction of the Union Road Pumping Station and the installation of approximately 2,600 linear feet of 8 inch force main from the Union Road Pumping Station to the ORF Pumping Station. The project is located in the Towns of Cheektowaga and West Seneca.

Contact: John Mallory, Jr., Sanitary Engineer, Department of Environment and Planning, 10th Floor, Rath Building, 95 Franklin Street, Buffalo, New York 14202, phone: (716) 858-6153.


Erie County - The Town of Lancaster, as lead agency, has determined that the proposed Animal Eye Care Clinic will not have a significant adverse environmental impact. The action involves the construction of a single story 4,300 sq. ft. Animal Clinic. The construction will be with face brick, dryvit and glass with a pitched roof, asphalt shingles. The project is located at 4865 Transit Road in the Town of Lancaster.

Contact: Richard J. Sherwood, Town Attorney, 21 Central Avenue, Lancaster, NY 14086, phone: (716) 684-3342.

Positive Declaration and Public Scoping Session

Niagara County - The Town of Hamburg, as lead agency, has determined that the proposed Benderson/Tops – Milestrip Rd. Proposal may have a significant adverse environmental impact and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on February 12, 2003 at 6:00 p.m. at the Hamburg Town Hall. The action involves the construction of a 61,000 s. f. grocery store, with associated parking, entrance drives and landscaping on the parcel consisting of lots 38 and 41 in the Town of Hamburg. The proposed developed area of the parcel adjoins Milestrip Rd. to the north and the N.Y. State Thruway to the east. On the west and south sides of the parcel, buffer areas with preserved vegetation are proposed to adjoin the existing residential area and will remain zoned as R-2. Rezoning of only part of the parcel from R-2 to C-2 will be requested. The remainder of the site can be rezoned by the Town to Parks and Recreation (PR) at a later date. The project is located on Milestrip Rd., Town of Hamburg, Erie County, Part of Lots 38 & 41 T-10, R-7.

Contact: Andrew C. Reilly, P.E., AICP, Wendel Duchscherer, 95 John Muir Drive, Suite 100, Amherst, NY 14228, phone: (716) 688-0766, fax: (716) 625-6825.