ENB Region 9 Completed Applications 10/08/2003

The applicant proposes to construct 2,600 feet of stone trail and 1,800 feet of 6 foot wide elevated boardwalk, bird observation blinds, overlooks and a small parking area, at Times Beach, a former confined dredge disposal site, that was operated by the U.S. Army Corps of Engineers. Portions of the proposed trail system would be within State regulated freshwater Wetland BU-3 and its regulated 100 foot wide adjacent area. The project known as the Times Beach Public Access Trail would provide passive recreational opportunities by establishing a nature preserve and would eventually be connected to the Buffalo Outer Harbor Recreation area trail system and the Gallagher Beach trail system. The site is located at the north end of Fuhrmann Blvd. and adjacent to the U.S. Coast Guard Station.

The Department has prepared a Draft Permit incorporating changes ordered by the United States Environmental Protection Agency (USEPA) for the modification of the facility-wide Title V Permit for the Chaffee Landfill. During the permit modification process, the Department has also made several additional modifications, beyond those directed by USEPA, to the permit in response to questions and comments received from USEPA, Waste Management of New York and the public subsequent to the issuance of the initial Title V permit. These modifications do not add or change any applicable requirement but are intended to provide additional clarification to the requirements of the permit and to better describe the operations at the Chaffee Landfill. The following changes are included in the Draft Permit in response to the USEPA order: 1. The permit now includes all requirements of the National Emissions Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills, also known as the Maximum Achievable Control Technology standard. 2. The permit has been revised to treat the facility as a major source of Volatile Organic Compound emissions that must comply with the Reasonably Available Control Technology requirements of 6NYCRR Part 228 for surface coating operations in the maintenance shop at the facility. 3. The permit has been revised to included a facility wide limit for Carbon Monoxide (CO) emissions and to include requirements for additional testing and monitoring of the landfill gas flare. A specific condition was written to limit the CO emissions from the Chaffee Landfill enclosed flare to less than 240 tons per year. This will be accomplished by monitoring the carbon monoxide emissions on a 12-month rolling total basis and by the enclosed flare continuously operating at the emission rates established by the most recent emission test report.

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