ENB Region 9 Completed Applications 10/05/2005

Extension of a reinforced concrete drain pipe, extending the storm water sewer to the back of the applicant's property.  After installation of the pipe a small swale that is part of the 100 foot wide regulated adjacent area of State Wetland TW-9 will be filled and graded to match surrounding area. The fill will then be seeded and mulched.

The Department has drafted a modified permit and intends to issue a requested modification to SPDES Permit No. NY-0003336 to:  (1) Reduce the monitoring frequency for "Sum of Parameters" pollutants, except for Dichlorobenzotrifluoride and Hexachlorobenzenes, from monthly to semiannually; (2) Change the monitoring frequency for the Energy Boulevard Storm Drain from monthly to annually; (3) Remove monitoring and limits for Pentachlorophenol at Outfalls 03R and 007; (4) Change the monitoring frequency for Antimony at Outfall 003 from monthly to semiannually; and (5) Revise the language regarding monitoring and recordkeeping for Chlorine bulk storage. In addition, the Department proposes the following changes to the subject permit:  (1) Revision of the effluent limits and monitoring requirements for Mercury based on current policy for this parameter; (2) Addition of a pH limit and monitoring for Outfall 007; and (3) Addition of a Water Treatment Chemicals page.  The applicant's plant is located at 47th Street and Buffalo Avenue where the applicant produces organic and inorganic chemicals.  Treated wastewater and non-contact cooling water from the applicant's facility are discharged into the Niagara River.

The Department has made a determination to issue a Water Quality Certificate (WQC) to the New York Power Authority (NYPA) for the Niagara Power Project.  The facility has been in operation since 1961 and consists of two river-water intake structures, twin underground concrete conduits, an open forebay, the Lewiston Reservoir, the Lewiston Pump Generating Plant, the Robert Moses Niagara Power Plant and a 35-acre switchyard.  The WQC application was submitted to NYSDEC on 18 August 2005 in connection with the filing of an application for the relicensing of the Niagara Power Project with the Federal Energy Regulatory Commission (FERC).  The FERC application contains a preliminary draft environmental assessment, as well as the Power Authority’s Offer of Settlement which identifies, among other things, eight primary Habitat Improvement Projects, three public access points, a Fish and Wildlife Habitat Enhancement Fund, proposed for inclusion in the FERC license, as well as a land acquisition fund.  The Project, as conditioned in the WQC, complies with applicable sections of the Federal Water Pollution Control Act and also will comply with applicable New York State effluent limitations, water quality standards and thermal discharge criteria.  A copy of the draft permit and all supporting documentation is available for review at the NYSDEC Central Office Headquarters in Albany, the NYSDEC Region 9 Headquarters in Buffalo, and the City of Niagara Falls City Hall.

    The New York State Department of Environmental Conservation (NYSDEC) has reviewed the  Hazardous Waste Management Permit (6NYCRR Part 373) renewal application submitted by Akzo Nobel Polymer Chemicals (ANC), located at 2153 Lockport-Olcott Road in Burt, New York.  ANC ceased all manufacturing operations in the Spring of 2003 and remains in operation as a warehouse and distribution center.  All hazardous waste management units (two storage areas, one treatment unit) and activities have been properly closed according to the facility’s 6NYCRR Part 373 permit and NYSDEC closure procedures.

    The NYSDEC has made a tentative determination to issue the Permit which consists of Corrective Action Measures to address residual soil and groundwater contamination. This Corrective Action Permit  requires implementation of safeguards to ensure protection from exposure to elevated levels of organic chemicals. The proposed final corrective measures were selected because the NYSDEC has determined that when implemented, the activities will be protective of human health and the environment. Changes to the proposed corrective measures may be made if public comments or additional data indicate that such changes would result in a more appropriate solution. All references and authorizations related to the operation of the hazardous waste management units have been deleted from the proposed permit.

    The public is invited to attend an informational meeting at 7 p.m. on October 19, 2005 at the Newfane Town Hall, 2896 Transit Road, Newfane, NY, to learn more about the proposed Final Corrective Measures.  A representative from the NYSDEC will give a brief presentation and answer questions.    

    The Draft Permit, application and fact sheet are available for public review during normal business hours at:  NYSDEC, Region 9 Office, Division of Environmental Permits, 270 Michigan Avenue, Buffalo, NY.  Copies of the documents are also available at:  Akzo Nobel Polymer Chemicals LLC, 2153 Lockport-Olcott Road, Burt, NY, contact person Richard Rychlicki, telephone (716)778-8554 ext. 104; and the Newfane Free Library, 2761 Maple Avenue, Newfane, NY, telephone: (716)778-9344.     

    Interested person can submit comments in writing to:  Mr. Charles Cranston, NYSDEC, Division of Environmental Permits, 270 Michigan Avenue, Buffalo, NY 14203-2999, telephone no. (716) 851-7165 before the last filing date.  A mailing list will be maintained for this facility.  Persons interested in this facility's operation can submit a written request to the contact person to be put on the mailing list.  In addition, any person may request a Public Hearing.  The request for a Public Hearing must be made in writing, stating the nature of the issues proposed to be raised in the hearing and be submitted to the contact person no later than the last date.