ENB - REGION 9 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

NOTICE OF PUBLIC COMMENT PERIOD
NOTICE OF COMPLETION OF SITE INVESTIGATION

New York State Department Of Environmental Conservation

EPA No. NYD002134880

Date: May 24, 2006

The United States Environmental Protection Agency (EPA) and New York State Department of Environmental Conservation (DEC) have reviewed the RCRA Facility Investigation (RFI) Report for the former Bethlehem Steel Corporation Lackawanna site submitted by:

and have made a tentative determination that the report satisfies the investigatory obligations of the EPA Administrative Order on Consent (Docket No. II RCRA-90-3008(h)-0201), and that the order can therefore be terminated. The RFI report and this tentative determination are available for public review and comment until July 10, 2006. The EPA, in conjunction with the DEC, will hold a public availability session on June 13, 2006 at 6:30 pm at the Lackawanna Senior Citizens Center on Martin Road in Lackawanna, to provide the public with additional information about this action.

PROJECT SUMMARY

The former Bethlehem Steel Corporation site includes about 1600 acres and is located in Lackawanna, mainly between Route 5 and Lake Erie. Some operations located on the east side of Route 5 are also included. In 1990 EPA issued an order requiring environmental investigation of the site. This involved a series of groundwater, surface water, soil and sediment sampling efforts at the site and in adjacent water courses, including Smokes Creek, Blasdell Creek and Lake Erie. The results show that significant groundwater contamination is present in several areas of the site: near the coke ovens, near the mouth of Smokes Creek, and near a former tank farm north of Smokes Creek. Waste and contaminated soil are present mainly in the slag fill area in the western part of the site, where Bethlehem disposed waste from iron, steel making and the coking operation. Contaminated sediment is also present in several of the water courses, including Smokes Creek and Blasdell Creek. The Final RFI Report, submitted in January 2005, documents the investigations and findings. EPA plans to accept the RFI report and terminate the consent order, since the investigation required by the existing order has been completed.

Areas of the site will require clean-up. DEC will be the lead regulatory agency for future remedial activities at the site, and is negotiating a new consent order with Tecumseh to administer this work.

DOCUMENT AVAILABILITY

Copies of the RFI Report and related documents are available for review at:

and

A copy of a fact sheet summarizing this action may be obtained by contacting the staff listed above.

HOW TO PROVIDE YOUR COMMENTS

All comments will be considered in making the final decision regarding the proposed action. A response to any comments submitted will be issued which will identify any changes to the proposed action and will describe and respond to the issues raised in writing or at the availability session. A notice of the decision will be sent to each person who submits written comments or who requests such notice. Written comments about this action must be sent to the above-listed contact person at the EPA Region 2 Office. A public hearing will be scheduled if warranted based on comments received.

All written comments must be submitted by July 10, 2006.


Brownfield Cleanup Program

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for remediation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

Please note the application package includes the Draft Remedial Work Plan which describes how the contamination related to the site will be addressed. The Final Remedial Work Plan implements the decision document for the remedy selection process for the site.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by June 23, 2006 to:

Repository address:


Negative Declaration

Erie County - The Town of Marilla Town Board, as lead agency, has determined that the proposed Adoption of Local Law No. 1 of 2006 which involves the creation of a new B-1 Restricted Business Zoning District and the rezoning of approximately 35 acres with approximately 5 acres being rezoned from B to B-1 and approximately 30 acres being rezoned from A to B-1 will not have a significant adverse environmental impact. The action involves the rezoning of an approximately 35 acre parcel of land. Approximately 5 acres are being rezoned from a higher use B to a lower use B-1 and the other approximately 30 acres are being rezoned from a lower use A to a higher use B-1. The property being rezoned is in an agricultural district but is not prime farm land and has not been farmed for many years. The rezoning is at the southwest corner of the intersection of Two Rod Road and Clinton Street in the Town of Marilla.

Contact: John R. Foss, Town of Marilla, S-1740 Two Rod Road, Marilla, New York 14102, phone: (716) 652-5350, fax: (716) 652-2541 - and - Robert Miller, Nussbaumer & Clarke, Inc., 3556 Lake Shore Road, Suite 500, Buffalo, New York 14219-1494, phone: (716) 827-8000, fax: (716) 826-7958.


Positive Declaration And Public Scoping

Wyoming County - The Town Board of the Town of Perry, as lead agency, has determined that the proposed Dairy Hills Wind Mill Project may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on May 31, 2006 at 7:30 p.m. at the Fireman's Building, Village Park, Lake Street, Perry, NY. Public comment period ends June 5, 2006. The action involves the construction of a wind-powered generating facility consisting of up to 60 wind turbines, each with a maximum height of 410 feet, which includes a system of 21 miles of gravel access roads, a 38 mile system buried electrical cable, a 290 foot by 435 foot substation and two permanent 262 foot tall meteorological towers. The project is located in the Towns of Perry, Covington and Warsaw, NY.

Contact: James Brick, Town of Perry, 22 South Main Street, P. O. Box 205, Perry, NY 14530, phone: (585) 237-2241, fax: (585) 237-3074.


Positive Declaration

Erie County - The Town Board of the Town of Grand Island, as lead agency, has determined that the proposed Country Club Cottages may have a significant adverse environmental impact and a Draft Environmental Impact Statement must be prepared. The action involves a rezoning of 28 acre parcel from R1-D to R1-E and related subdivision to allow construction of patio homes. The project abuts rear yards of homes on Fix Road, Baseline Road and Fareway.

Contact: Robert H. Westfall, Town Board of the Town of Grand Island, 2255 Baseline Road, Grand Island, NY 14072, phone: (716) 773-9600, ext. 639.


Notice Of Acceptance Of Final EIS

Erie County - The Town of Hamburg Town Board, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Hamburg Business Park, Rezoning and Development. The action involves the rezoning of approximately 30 acres of land from C-1 to C-2 for the subsequent development of a business park (including a new road and associated infrastructure). The project is located northwest of South Park Ave. and Southwestern Blvd. in the Town of Hamburg.

Contact: Drew Reilly, Town of Hamburg Planning Department, S6100 South Park Avenue, Hamburg, NY 14075, phone: (716) 649-2023.


Notice Of Acceptance Of Final GEIS

Erie County - The Town of Hamburg Town Board, as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Hamburg Business Park Rezoning and Development. The action involves a rezoning of approximately 30 acres of parcel of land from C-1 to C-2, for the subsequent development of a business park (including a new road and associated infrastructure). The property is located northwest of the intersection of South Park Avenue and Southwestern Boulevard in the Town of Hamburg, Erie County, NY.

Contact: Drew Reilly, Hamburg Planning Dept., Town of Hamburg, S 6100 South Park Ave., Hamburg, NY 14075, phone: (716) 649-2023.