ENB Region 9 Completed Applications 09/20/2006

The applicant proposes to install bendway weirs, rock riprap and create a vegetated floodplain bench along two sections of eroded stream bank totalling 625 lineal feet.   The project site is located along  the east bank of Elton Creek, downstream (north) of  CR 21 (Delevan-Elton Road), 3,000 feet east of Elton Station.  

Construction of a septic system /sand filter within the 100 foot regulated adjacent area of NYS regulated Freshwater Wetland LA-14.  This project will replace an existing septic system that is not adequately treating waste water from the facility.  

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of an existing Title V Permit for Occidental Chemical Corporation's Chlorine/Caustic plant at its Buffalo Avenue facility in the City of Niagara Falls.  Air emission points associated with both the production and the support facilities for the chlorine/caustic portion of the facility are as follows:

A. Chlorine and Caustic - Chemicals produced in this area include but are not limited to: Chlorine; Sodium Hydroxide; Hydrogen; Sodium Hypochlorite; and Gypsum.

B. Support Facilities include:  Waste Storage; General Building Ventilation Systems; Product Loading/Packaging; Maintenance Facilities; and Cell Reconstruction.

Emission units associated with plant operations are as follows:  B-00001 Chlor-alkali hydrogen vents, B-00002 Chlor-alkali process acid storage tanks, B-00003 Chlor-alkali process miscellaneous, C-00001 "C" Area chlor-alkali process scrubbers, E-00001 HCl acid scrubber vent, F-00001 "F" Area ground water storage and treatment system, H-00001 "H" Area chlor-alkali process scrubbers, I-00001 Solid waste storage and treatment system, J-00001 Chlor-alkali process cell construction, L-00001 Painting booths, Z-00001 Facility refrigeration systems, Z-00002 Facility fugitive emissions, Z-00003 Transfer operations, and Z-00004 Miscellaneous exempt combustion sources.

The facility operation 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, (3) 6 NYCRR Part 299 regulates volatile organic liquid storage tanks, (4) 40 CFR 60 Subpart 61 M National Emission Standard for Asbestos, and (5) 40 CFR 60 Subpart 61 FF National Emission Standard for Benzene Waste Operations.

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. 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.  The Draft Permit and Permit Review Report may be viewed and printed from the DEC web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.  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 the DEC's permit hearing procedures is available upon request or on the DEC web site: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

The Department (DEC) has prepared a Draft Permit and made a tentative determination to approve this application for renewal of an existing Title V Permit for Occidental Chemical Corporation's Specialty Chemicals plant at its Buffalo Avenue facility in the City of Niagara Falls.  Various halogenated aromatic compounds are manufactured in the specialty chemicals/chlorine derivatives production portion of the facility.  Remedial activities at the facility are included in the permit.  Emissions units associated with plant operations are as follows:  A00001 Facility Refrigeration Systems, A00002 Facility Fugitive Emissions, A00003 Potable/Semi Permanent Vacuum Units, A00008 Transfer Operations not regulated by the HON., A00009 Miscellaneous Exempt Combustion Sources, D0002 "D" Area Dechlorane Plus Collector System, F00001 "F" Area Groundwater Storage and Treatment System, M00002 "M" Area Process Storage Tanks, M00003 Dechlorane Plus Process Vents, M00004 "M" Area Ventilation System, and U0000A "U" Area Waste Water Tank.  Support facilities at the plant are as follows: Waste Storage, General Building Ventilation Systems, Product Loading/Packaging, and Maintenance Facilities.

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, (3) 6 NYCRR Part 229 regulates volatile organic liquid storage tanks, and (4) 40 CFR 61 Subpart FF National Emission Standards for Benzene Waste Operations.

In accordance with 6NYCRR 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 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.  The Draft Permit and Permit Review Report may be viewed and printed from the DEC web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.  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 the 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.