ENB Region 9 Completed Applications 02/22/2006

The Department has made a tentative determination to approve a modification of the existing State Pollutant Discharge Elimination System (SPDES) permit (NY-0087751) to allow the subsurface discharge of up to 15,000 gallons per day of treated sanitary wastewater to groundwater at the applicant's facility, The Pines at Machias, a health care facility for the aged, located on Route 16 in the Town of Machias. The wastewater treatment system consists of a septic tank, recirculating textile filters and a replacement absorption field.  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.  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 commenting, please refer to this application by application number listed above and SPDES number, NY-0087751.

Modification of SPDES Permit NY0105201

The Department has made a tentative determination to approve this application for a modification of a permit for two existing discharges of stormwater runoff into Gill Creek. Stormwater runoff is treated through an on site oil water separator.  The changes include the elimination of monitoring for PCB's, elimination of monitoring for Benzene, Toluene, and Xylene (BTX-Total), and visual inspection of oil water separator will be reduced from daily to once per week.  A draft permit specifying effluent limitations and monitoring requirements is available for review.

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of the Title V Permit for E. I. du Pont de Nemours and Company's existing facility located at Buffalo Avenue and 26th Street in the City of Niagara Falls.  The Buffalo Avenue facility has one primary production area:  Sodium production.  The Sodium area produces sodium and lithium metals by electrolysis in molten baths.  Additionally, chlorine is produced as a by-product.  The facility also has a support operation, namely, water treatment.  There are two emission units at the plant as follows:

U-NIT01 - Sodium Manufacturing Area produces sodium metal, lithium metal and chlorine as a by-product.

U-NIT04 - Environmental Services treats liquid waste streams from the production areas.

The facility is permitted primarily under the following regulations:

1)  6 NYCRR Part 201-6 requires the facility to obtain a Title V Permit.

2)  6 NYCRR part 212 requires process sources to install air emission control devices depending on the type of contaminant emitted and the emission rate potential.

In accordance with 6 NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the US Environmental Protection Agency 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 6 NYCRR 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 DEC 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 DEC is required to make pursuant to the Environmental Conservation Law exist.  A copy of DEC's permit hearing procedures is available upon request or on the DEC web site at : http://www.dec.state.ny.us/website/ohms/gudph1.htm.