Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 02/11/2004

Erie County

Applicant: Charles J Riggio
Facility: Riggio Property
5301 Willow Lake Ct
Clarence, NY 14031
Application ID: 9-1432-00306/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Clarence, Erie County
Project Description:
The applicant proposes to excavate approximately 201 linear feet along a man-made bay of Got Creek for the placement of stone fill to protect the area from erosion. Approximately four to eight feet of clean fill will be placed behind the rock wall and vegetative plantings will be placed in rock voids as well as at the top of bank to aid in soil stability and to provide habitat.  The remainder of the bay within the property is proposed to be dredged to a maximum depth of four feet to restore to a previous depth.  The project is located is located east of Greiner Road and on the west side of Got 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 Feb 27 2004.
Contact: Charles D Cranston
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
cdcranst@gw.dec.state.ny.us

Niagara County

Applicant: Ferro Corporation
1000 Lakeside Ave
PO Box 147000
Cleveland, OH 44114 -7000
Facility: Ferro Electronic Material Systems
4511 Hyde Park Blvd
Niagara Falls, NY 14305 -0067
Application ID: 9-2930-00032/00263
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Niagara, Niagara County
Project Description:
The Department has prepared a draft permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservatin Law (ECL) and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve the permit renewal for the existing facility located at 4511 Hyde Park Blvd. The company is a manufacturer of refractory mixtures, dielectric and ceramic powders. Primary products produced are titanium oxide, zirconium silicate, potassium titanate, zirconium oxide, and dielectric powders primarily manufactured from barium titanate. A minor permit modification is incorporated in the draft permit to include a new solvent milling operation. The facility a major source of nitrogen oxide (NOx) and particulate matter and therefore subject to 40 CFR 70 Title V. Emission factors have been developed from stack testing results and production rates.  Particulate matter is subject to the regulatory emission limits of 6NYCRR 212.4(a).  NOx emissions are in excess of 100 TPY and must comply with Reasonably Available Control Technology (RACT) requirements of 6NYCRR 212-10.
In accordance with 6NYCRR Parts 621.5(d)(9) and 2016.4(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 not subject to SEQR because it is a Type II action.
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 Mar 12 2004.
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