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 (May22, 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 CWMs 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 USEPAs granting of an identical variance under 40 CFR 268.44, the Commissioner 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.

Notice of that tentative determination, and request for comments, were published in the December 11, 2002 Environmental Notice Bulletin (ENB) and State Register. No comments were received.

After a thorough analysis of the petition request, and in light of EPA having approved an identical variance as indicated above, the Commissioner has made a final determination to grant the variance. This variance will become effective on the date final notice has appeared in both the ENB and State Register. Any questions concerning this variance may be directed to:

William A. 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

Negative Declaration

Allegany County - The Village of Canaseraga, as lead agency, has determined that the proposed Sanitary Sewer System will not have a significant adverse environmental impact. The action involves the construction of a gravity wastewater collection system and a new wastewater treatment facility that serves the properties within the village. The project is located in the Village of Canaseraga.

Contact: C. Allen Phillips, Mayor, Village of Canaseraga, 10 Main Street, PO Box 235, Canaseraga, NY 14822, phone: (607) 545-8963.


Erie County - The Buffalo Urban Renewal Agency, as lead agency, has determined that the proposed Delaware-Asbury Church Redevelopment will not have a significant adverse environmental impact. The action involves rehabilitation of the vacant 24,000 sq. ft. former Delaware - Asbury Methodist Church. The developer proposes to convert the building into a public performance facility and supporting office space. The project is located at 339-341 Delaware Avenue, Buffalo.

Contact: Gregory Bernas, Assistant Environmental Program Coordinator, Room 901, City Hall, Buffalo, NY 14202, phone: (716) 851-5083.

Positive Declaration and Notice of Acceptance of Draft EIS

Erie County - The Town of Amherst Town Board, as lead agency, has determined that the proposed rezoning and development of Village Park Business Center, Phase II may have a significant adverse environmental impact and a Draft Environmental Impact Statement has been prepared and accepted. The action involves the rezoning and development of approximately 22 acres of land for the proposed Village Park Business Center, Phase II, from Community Facilities (CF) and Multi-Family Residential District Seven to Office Building. The project is located at 6380 Main Street, Town of Amherst.

Contact: Eric W. Gillert, Planning Director, Planning Department, 5583 Main Street, Williamsville, NY 14221, phone: (716) 631-7051.

Notice of Acceptance of Draft EIS

Erie County - The Town of Orchard Park Planning Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Eagle Heights Subdivision, Part 8. The action involves development of a 78-lot subdivision for single-family homes on a parcel of approximately 85 acres. This project is Phase 8 of the Eagle Heights Subdivision. The project is located in the Town of Orchard Park.

Contact: Sarah K. desJardins, Town of Orchard Park, S4295 South Buffalo Street, Orchard Park, New York 14127, phone: (716) 662-6433.