Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 06/21/2006

Chautauqua County

Applicant: U S Dept of Labor
200 Constitution Ave Nw
Washington, DC 20210
Facility: Cassadaga Job Corps Center
8115 Glasgow Rd
Cassadaga, NY 14718
Application ID: 9-0658-00165/00004
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Pomfret, Chautauqua County
Project Description:
The Department has made a tentative determination to modify the existing State Pollutant Discharge Elimination System Permit # NY0167339 to allow a discharge of up to 40,000 gallons per day of treated sanitary wastewater to Upper Cassadaga Lake from a proposed sand filter system that will serve the applicant's facility located at 8115 Glasgow Road in the Town of Pomfret. The proposed system will replace the existing absorption field which has failed. 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 replacement system will also require an Article 15 Protection of Water permit to construct the outfall for the discharge into Upper Cassadaga Lake. 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 notice by application and SPDES Permit numbers listed above.
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 Jul 24 2006.
Contact: Penny R Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Erie County

Applicant: Waste Management of New York LLC
123 Varick Ave
Brooklyn, NY 11237
Facility: Chaffee Landfill
10860 Olean Road
Chaffee, NY 14030 -9799
Application ID: 9-1462-00001/00024
Permit(s) Applied for: Article 19 Air State Facility
Article 24 Freshwater Wetlands
Article 27 Title 7 Solid Waste Management
Project is Located: Sardinia, Erie County
Project Description:
The applicant proposes to construct and operate a 4.8-megawatt power production plant (PPP) utilizing landfill gas from the existing 50.93 acre Chaffee Landfill as a source of fuel.  The proposal will require modification to the facility’s Solid Waste Management Permit, a new Freshwater Wetlands Permit and an Air State Facility Permit.  At the present time, landfill gas from the Chaffee Landfill is being controlled by an enclosed flare and a small backup open flare.  The PPP is proposed to be the primary landfill gas control system for landfill gas emissions from the existing Chaffee Landfill and the enclosed flare and open flare would act as the backup landfill gas control system.  The PPP building is proposed to contain six internal combustion reciprocating engines rated at 1148 Bhp (brake horsepower) per engine.  A paved access road, four parking spaces, a gravel yard area, drainage improvements and electric lines from the PPP to the New York State Electric and Gas-owned electric lines along Hand Road are also planned.   Four litter fence posts along the existing eastern service road and located within the 100 foot wide regulated adjacent area of Freshwater Wetland AR-11 are proposed to be replaced by four utility poles.  The utility poles would also act as fence posts for the existing litter control fence.  The power plant is proposed to be constructed approximately 350 feet east of the toe of the support berm of the existing Chaffee Landfill and about 1200 feet south of Hand Road.  

The Department has drafted an Air State Facility (ASF) Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Federal Clean Air Act Amendments and made a tentative determination to approve this application for the PPP.  Filtering, dewatering, and compressing the gas prior to combustion in the internal combustion reciprocating engines will treat the landfill gas as provided in 40 CFR 60.752(b)(2)(iii)(C).  Equipment that uses treated landfill gas will not be subject to the requirements of the NSPS including the performance testing and ongoing monitoring, record keeping and reporting or the SSM requirements under 40 CFR 63 Subpart A.  The PPP is a minor source under 6 NYCRR Part 231-2 non-attainment New Source Review (NSR) for oxides of nitrogen(NOx) because the potential to emit of the engines is less than 100 tons per year (tpy).  The PPP is also a minor source for non-attainment new source review for volatile organic compounds (VOC) because the potential to emit of the engines is less than 50 tpy.  Due to the addition of the PPP, the entire Chaffee Landfill will become a major source for NOx.  As such, the engines must meet the requirements of 6 NYCRR Part 227-2 Reasonably Available Control Technology (RACT) for NOx.  Also included in this permit are initial and periodic emission testing requirements to verify that the applicant continues to comply with the emission control requirements.  

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 Jul 21 2006.
Contact: David S Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Niagara County

Applicant: City of Niagara Falls
745 Main St City Hall
Niagara Falls, NY 14302
Facility: Niagara Falls New WTP-(PASNY Site)
5801 Buffalo Ave
Niagara Falls, NY 14304
Application ID: 9-2911-00200/00010
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Niagara Falls, Niagara County
Project Description:
The Department has made a tentative determination to approve this application for a modification of an existing discharge of a varying amount (0.5 - 2.0MGD) of treated wastewater into the Niagara River from the Niagara Falls Municipal Water Treatment Plant located at 5801 Buffalo Avenue, Niagara Falls.  The applicant plans to continue operations with the following changes:
    1. Change Settleable Solids limit of 0.1 ml/l to an Action Level of 0.3 ml/l.
    2. Change frequency of analysis for settleable Solids from daily to monthly.
    3. Change frequency of analysis for Suspended Solids and Chlorine Residual from weekly to monthly.
    4. Remove limit and motioning requirement for Oil and Grease.
    5. Remove Action Levels and monitoring requirements for Lead, Zinc, and Mercury at outfall 001, as these compounds are not reported present at net levels in the discharge.

Refer to this application by application number listed above and SPDES number, NY-024-3281.
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 located in a Coastal Management area and is 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 Jul 21 2006.
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