Region 8 SEQR and Other Notices Region 8 SPDES Renewals

ENB Region 8 Completed Applications 11/03/2004

Genesee County

Applicant: Jeff Hodgins
Facility: Hodgins Property
4719 East Rd
Batavia, NY 14020
Application ID: 8-1824-00100/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Batavia, Genesee County
Project Description:
The applicant proposes to expand an existing agricultural irrigation pond within a portion of Freshwater Wetland BS-18 and its 100-foot adjacent area.  The purpose of the proposal is to increase the base supply of water to run an irrigation pump system for watering food crops.  The pond will be expanded, from  60' x 70', to 70' x 200' .  All vegetation and spoil removed will be spread on the cropland outside the Wetland and adjacent areas. The project is located on East Road in the Town of Batavia, Genesee County.
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 Nov 17 2004.
Contact: Jenny A Landry
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Livingston County

Applicant: Atofina Chemicals Inc
2000 Market St
Philadelphia, PA 19103
Facility: Atofina Chemicals Inc
North of Rt 63
Piffard, NY 14454
Application ID: 8-2452-00006/00038
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: York, Livingston County
Project Description:
The applicant operates an industrial facility located on Rt. 63 where they produce liquid organic peroxides that are used primarily in the production of acrylics, elastomers, low density polyethylene, polyesters, polystyrene and polyvinyl chloride.  The Department proposes to modify the referenced wastewater discharge permit based on a full technical review under the Environmental Benefit Permit Strategy.  The proposed modification will delete sulfates, chlorides, fluoride, 1,1,2,2-Tetrachloroethane, 2,4,6-Trichlorophenol, Butyl benyl phthalate, Di(n-Octyl) phthalate, Diethyl phthalate, silver, aluminum, arsenic, beryllium, boron, cadmium, cobalt, copper, iron, nickel, and lead based on monitoring results and will decrease monitoring frequencies for Bis (2-Ethylhexyl) phthalate, toluene and 2,4-Dichlorophenol.  The proposed modification will add monitoring for Dimethyl phthalate, chromium, cyanide, zinc and mercury.  Quarterly acute toxicity testing requirements will also be added and the flow basis will be decreased from 182,000 gallons per day to 86,000 gallons per day to reflect actual flows.  The discharge enters the Genesee River, a class C stream in the vicinity of this facility.  The discharge will meet New York State Water Quality Standards with the proposed discharge limits.

The Department has made a tentative determination to approve this modification.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  A draft permit is available for review.
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:
A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
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 Dec 3 2004.
Contact: Lisa M Porter
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Applicant: Tennessee Gas Pipeline Co
1001 Louisiana St
Houston, TX 77002
Facility: Tgp Compressor Station 233
2262 Dow Road
Piffard, NY 14533
Application ID: 8-2452-00008/00007
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: York, Livingston County
Project Description:
Tennessee Gas Pipeline Co has submitted an application for renewal of its Title V Facility Permit for Compressor Station 233, located at 2262 Dow Road in the Town of York, which compresses natural gas for transport through transmission pipelines.  The single facility Emission Unit identified in the application is T-23301, consisting of two 4500 horsepower natural gas fired turbine compressor engines.  In addition, the facility has several small emission sources including a 1.3 million BTU per hour natural gas fired boiler, a 0.15 million BTU per hour natural gas fired furnace, and a 145 horsepower natural gas fired emergency generator.

The Title V Facility Permit, originally issued November 23, 1999, was modified December 13, 1999 to update a monitoring condition and the facility contact person.  No change in operations is proposed in the application for Title V Permit renewal.

The facility remains subject to the requirements of 6NYCRR Part 201-6 (Title V) for Major Stationary Sources due to potential emissions of carbon monoxide (CO) in excess of 100 tons per year, and to the Part 227-2 Reasonably Available Control Technology (RACT) 50 part per million standard for Oxides of Nitrogen (NOx) emissions for NOx RACT technology installed in 1995.

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:
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 Dec 6 2004.
Contact: Roger T McDonough
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Monroe County

Applicant: Michael Hunter
Facility: Hunter Property
786 Brook Rd
Chili, NY
Application ID: 8-2622-00148/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Chili, Monroe County
Project Description:
The applicant proposes to construct approximately 1,700 L.F. of driveway through a portion of the 100 foot adjacent area of the Class II Freshwater Wetland, CI-8, to access a future upland residential site, installing four 12" CMP culverts and one 18" CMP culvert to provide adequate drainage through the area.  The property is located at 786 Brook Rd. in the Town of Chili, Monroe County.

The application is available for review at the Region 8 office located at 6272 E.Avon - Lima Rd., Avon.

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:
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 Nov 19 2004.
Contact: Christine Setari
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Region 8 SEQR and Other Notices Region 8 SPDES Renewals