ENB Region 9 Completed Applications 05/05/2004

The applicant proposes to install a new “post and plank” bulkhead along approximately 176 feet of Rushford Lake shoreline and complete construction of a 32 ft. x 30 ft. boat house.  The project site is located at 8192 Trail 2, which is located off County Road 49 (Hillcrest Road).  

The Department has prepared a draft permit modification (NY0078018) and made a tentative determination to approve the construction of a septic tank/sand filter wastewater treatment system with a surface discharge of a maximum of 5500 gallons per day. This new system would replace a failing system that serves the central restroom/shower facility at the campground. The treated sanitary waste water would be discharged to Dutch Hollow Creek which has a Classification of B and a Standard of B. The campgroung is located north of Route 83 between Miller and  Center Roads. Application materials and the draft permit are available for review and comment at the regional office.

The Department has drafted an Air State Facility Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Federal Clean Air Act Amendments and made a tentative determination to approve this application for FMC Corporation's chemical manufacturing facility located at 35 Sawyer Avenue where persulfates and peracetic acid are produced using batch and continuous processes.  The facility operates three boilers, each rated at 49.8 MM Btu/hr.  Boilers 1 and 2 are equiped to fire either No. 6 fuel oil or natural gas.  Boiler 3 burns No. 6 fuel oil only.  If all three boilers were used concurrently and continuously with No. 6 fuel oil, the emissions of Oxides of Nitrogen (NOx) and Sulfur Dioxide (SO2) would exceed the major facility thresholds for both contaminants.  The draft permit contains conditions which limit the facility's ability to emit NOx and SO2 to less than the major facility threshold value of 100 tons per year of each contaminant.  The facility-wide NOx emissions have been also been capped below the applicability threshold of 6 NYCRR Part 227-2, Reasonably Available Control Technology (RACT) for NOx, which is 100 tons of NOx per year.  The facility-wide SO2 emissions  have also been capped below the applicability threshold of 40 CFR 52.21, Subpart A, Prevention of Significant Deterioration (PSD), which is 100 tons of SO2 per year.  The application, draft permit, relevant supporting materials, and regulations are available  for review during normal business hours at the Region 9 Office of the NYS Department of Environmental Conservation in Buffalo.

The applicant proposes a discharge of varying amounts of non-contact cooling water from a proposed steam turbine electrical generator at the Tonawanda Coke facility (boiler house) to the Niagara River. The proposal includes two new monitoring and sampling locations.

The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation Law. This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time. As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project. In submitting any comments, please refer to this application by application number listed above and SPDES number, NY0002399.

The applicant proposes the construction of a pond in the regulated 100 foot adjacent area of a Class II freshwater wetland identified as CC-3 in conjunction with the construction of Part II of the Eastpointe Subdivision. The pond will provide stormwater detention for the subdivision. The application and materials submitted in support of the project are available for review and comment at the Regional Office.