Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 10/12/2005

Cattaraugus County

Applicant: U S Dept of Energy
1000 Independence Ave Sw
Washington, DC 20585
Facility: West Valley Demonstration Project
10282 Rock Springs Rd
West Valley, NY 14171 -9799
Application ID: 9-0422-00005/00006
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Ashford, Cattaraugus County
Project Description:
The Department has prepared a draft modification to SPDES permit (NY 0000973), which regulates stormwater discharges from the West Valley Demonstration Project at 10282 Rock Springs Road. The twenty stormwater outfalls discharge to: tributary (unnamed) of Erdman Brook, Class D, and Erdman Brook, Class D; tributary (unnamed) to Franks Creek, Class C and wetland to Franks Creek, Class C; wetland tributary to Quarry Creek, Class C; and tributary (unnamed) to Buttermilk Creek,Class C. The USDOE has requested that monitoring frequencies for specific parameters be reduced at the process wastewater Outfall 001 based on monitoring sampling results, and that pH data be reported from a representative stormwater outfall from each (stormwater outfall) group and that a sample also be taken from an on-site rain gauge. The applicant has asked that pH monitoring replace pH limits in the permit based on more than 5,000 historical pH data from the Routine Environmental Monitoring Program. The draft permit, fact sheets and materials submitted in support of the application are available for review and comment at the regional office listed in this notice.

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 Nov 14 2005.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Chautauqua County

Applicant: Skf USA Inc
1111 Adams Avenue
Norristown, PA 19403 -2403
Facility: Mrc Bearings Falconer Plant
Maroco Rd
Falconer, NY 14733
Application ID: 9-0638-00066/02002
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Ellicott, Chautauqua County
Project Description:
The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve this application for the existing facility-wide air emissions from the MRC Bearings facility on Maroco Road. The company manufactures specialized ball and roller bearings. Production processes include product manufacturing, quality assurance testing, etching, polishing, grinding, machining and washing of metals. The company, as a major source of volatile organic compound (VOC) emissions with the potential to emit VOCs in excess of 50 tons per year, is subject to 6NYCRR Part 201-6, Title V Facility Permit. As required by 6NYCRR Part 212.10(b), the company submitted a VOC Reasonably Available Control Technology (RACT) Compliance Plan which has demonstrated that an overall removal efficiency of 81% could not be met due to reasons of technological and economic feasibility. The Department has determined a variance from the VOC RACT requirements is appropriate. The variance request will be submitted to the USEPA as a source specific State Implementation Plan revision for their approval. The terms and conditions of the variance are specified in the draft permit and limit the VOC emission rate of the two affected sources to 21 tons per year. MRC is a minor source of particulate emissions subject to 6NYCRR Parts 212.4(c) and 212.6(a). Cyclone separators are used to control particulate emissions. The proposed permit requires daily monitoring of the separators for emission limit compliance.
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: www.dec.state.ny.us/website/ohms/gudph1.htm

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 Nov 14 2005.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Erie County

Applicant: Tonawanda Coke Corp
3875 River Rd
Tonawanda, NY 14150 -6507
Facility: Tonawanda Coke Corp
3875 River Rd
Tonawanda, NY 14150
Application ID: 9-1464-00113/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Tonawanda, Erie County
Project Description:
The Department has made a tentative determination to approve this application for a modification of an existing permit to discharge to the Niagara River. The modification involves changes to effluent limits and the addition of two water treatment chemicals. 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.

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 performed.
SEQR Lead Agency:
NYS Department of Environmental Conservation
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 14 2005.
Contact: Penny R Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Wyoming County

Applicant: Donald Robb
Facility: Robb Gravel Pit
Lamont Road
Pike, NY
Application ID: 9-5644-00005/00001
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Pike, Wyoming County
Project Description:
The proposed action is a five-acre expansion of the Robb Gravel Pitt, currently permitted for 43 acres, 27.8 acres of which have already been reclaimed to agriculture, 15.2 acres to be reclaimed by the end of the existing permit.  The reclamation plan is to return all 48 acres to agriculture.  After completion of the currently proposed expansion this mine will be closed.
State Environmental Quality Review (SEQR) Determination:
Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.
SEQR Lead Agency:
NYS Department of Environmental Conservation
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 14 2005.
Contact: Steven J Miller
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals