Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 03/07/2007

Cattaraugus County

Applicant: Town of Perrysburg
10460 Peck Rd
Perrysburg, NY 14129
Facility: Perrysburg Water District No 3 Central
Mosher Roads & Edwards Corners
Perrysburg, NY 14129
Application ID: 9-0470-00028/00001
Permit(s) Applied for: Article 15 Title 15 Water Supply
Project is Located: Perrysburg, Cattaraugus County
Project Description:
The Department plans to issue a Water Supply Permit, WSA No. 10893, to the Town of Perrysburg for the Town of Perrysburg Central Water District which includes the acquisition and future operation of the existing Village of Perrysburg and J.N. Adam Memorial Hospital water systems.  This will include the taking of up to 146,250 gallons per day from several exisiting wells having a combined capacity of 90 gallons per minute. Existing past water supply approvals for the Village of Perrysburg (WSA Nos. 6960 and 7166) and the Hospital (City of Buffalo WSA Nos. 882 and 1519) will be rescinded.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 Mar 23, 2007.
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: Alan W Eichberg
Facility: Eichberg Property
7300 Salt Rd
Clarence Center, NY 14032
Application ID: 9-1432-00329/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Clarence, Erie County
Project Description:
The applicant proposes to impact .23 acre of the 100 foot wide regulated adjacent area of NYS Freshwater Wetland WO-28 to construct a residential home.  Impacts to the wetland resource will be mitigated by the creation of a .16 acre marsh that will be located between the proposed home and the existing forested wetland.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 Mar 23, 2007.
Contact: Denise C Matthews
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: Gernatt Asphalt Products Inc
13870 Taylor Hollow Rd
PO Box 400
Collins, NY 14034
Facility: Gernatt Asphalt Products
13650 Benz Rd
Springville, NY 14141
Application ID: 9-1438-00007/00003
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Concord, Erie County
Project Description:
The Department has prepared a Draft Permit and has made a tentative determination to approve the Air State Facility Permit application for the Gernatt Asphalt Products Inc., Springville.  The facility includes one 4 ton batch hot mix plant operating on-site that can be fueled by natural gas or #2 fuel oil (fuel oil is only used when natural gas supplies are interrupted). There is also a fixed sand, gravel and stone crushing plant with a rated capacity of 300 tons per hour. The draft permit contains conditions which limit the facility's ability to emit carbon monoxide to less than the major facility threshold value of 100 tons per year. The facilty is also subject to opacity limits of 6NYCRR Part 212.6(a) for emission sources installed prior to June 11, 1973 and to the sulfur-in-fuel limitations of 6NYCRR Part 225-1.2.  The Draft Permit may be viewed and printed from the Department web site at:   http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 Apr 09, 2007.
Contact: Penny R Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: Isg Lackawanna LLC
3175 Lakeshore Rd
Buffalo, NY 14219
Facility: Isg Lackawanna LLC
3175 Lakeshore Rd
Blasdell, NY 14219
Application ID: 9-1499-00067/00012
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Hamburg, Erie County
Project Description:
The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of the existing Title V Permit for the applicant's facility located at 3175 Lakeshore Road in the Village of Blasdell, Town of Hamburg and City of Lackawanna.  The facility processes steel coils to specific customer requirements from plain steel coils shipped to the site from other facilities.  The plant consists of five major process areas:  pickling, cold reduction, batch anneal, temper rolling and hot dip galvanizing.  In addition, side trimming, slitting, cut-to-length and oiling operations are performed in the Finishing and Shipping Areas.  The plant requires a Title V Permit because potential emissions of particulate, total hazardous air pollutants and hydrochloric acid (HCl)exceed the major facility thresholds of 100, 25 and 10 tons per year, respectively.  However, the only contaminant whose actual annual emissions are typically above the major source threshold is HCl.  This Title V Permit contains six emission units and their associated regulatory requirements.  However, the main regulated emission units at the facility are:

Emission Unit 2-00001 - #3 Pickle Line:  The #3 Pickle Line removes surface scale and oxides from the steel strip.  The continuous processing line consists of four processes : (1) welding, (2) tempering/descaling, (3) pickling and (4) slitting and oiling.    The pickling process uses HCl dip tanks to clean and remove scale from the steel strip and is controlled by a wet scrubber which vents through a stack.  Two spent pickle liquor tanks vent to a wet scrubber which vents through a stack.  The building roof monitor serves as an emission point for the remaining processes.  This unit is located in the Cold Mill building associated with this unit.  The #3 Pickle Line is subject to 40 CFR 63 Subpart CCC - National Emission Standard for Hazardous Air Pollutants for Steel Pickling.  

Emission Unit 2-0005 - Hot Dip Galvanizing Line:  The hot dip galvanize line cleans the steel strip before coating it with molten zinc and drying or annealing the strip.  The continuous process line consists of ten processes:  (1) welding, (2) cleaning/pickling, (3) drying/preheating, (4) galvanizing, (5) annealing, (6) quenching/rinsing, (7) chemical treating, (8) printing, (9) oiling, and (10) slitting/oiling.  The cleaning/pickling section vents to a demister and subsequently a stack.  The zinc coating pot vents to a fume scrubber and out a stack.  The drying/preheating oven, annealing oven and chemical treatment process exhaust through separate stacks.  Emissions from the remaining processes vent through the Galvanize Building roof monitor.  This unit is located in the Galvanize Building.  Emissions from the galvanizing coating pot section of the Hot Dip Galvanizing Line are controlled by a wet scrubber.  An alternate opacity limit of 50% proposed by the applicant per 6 NYCRR Part 212.6(b) was approved by DEC in this permit.  The alternate opacity standard was approved because the applicant proved through emission testing that at 50% opacity, the stack meets the particulate emission limit of 0.05 grains of particulate per dry standard cubic foot of exhaust gas.  Compliance monitoring conditions are included in this permit for periodic opacity monitoring and continuous operation of the flux wiping fan.  In addition the wet scrubber must maintain a water flow rate of at least 200 gallons per minute and a pressure drop of at least 24 inches of water.

Facility Level:  The Draft Title V Permit contains the mandatory compliance conditions that are included with all Title V Permits.  In addition, all necessary reporting and record keeping requirements are included to allow DEC to determine the compliance status of the facility.  The Title V Permit application submitted by the applicant lists several exempt and trivial sources.  These sources while exempt from permitting must still comply with any other applicable regulatory requirements, and the applicant must maintain information on site proving that these sources continue to meet the permit exemption requirements.
 
In accordance with 6 NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the US Environmental Protection Agency has the authority to bar issuance of any Title V 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.  The Draft Permit and Permit Review Report may be viewed and printed from the DEC website 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 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 website at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 Apr 09, 2007.
Contact: Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Niagara County

Applicant: Covanta Niagara LP
100 Energy Blvd
Niagara Falls, NY 14304
Facility: Covanta Niagara LP
100 Energy Blvd at 56TH St
Niagara Falls, NY 14304
Application ID: 9-2911-00113/00039
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Niagara Falls, Niagara County
Project Description:
The Department has prepared a draft permit and has made a tentative determination to approve the Title V permit renewal for the existing facility located at 100 Energy Boulevard at 56th Street, Niagara Falls. The facility consists of two furnace/boiler systems combusting solid wastes, an alternate fuels combustion system, a fossil fuel fired boiler and a fuel oil fired boiler system. Low pressure steam produced at the plant is sold to an adjacent industrial facility.
In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.4(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.  The Draft Permit and Permit Review Report may be viewed and printed from the Department 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 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: http://www.dec.state.ny.us/website/ohms/gudph1.htm.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 Apr 06, 2007.
Contact: Denise C Matthews
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: David W Cloy
Facility: Cloy Farm
3130 Ridge Rd
Cambria, NY 14131
Application ID: 9-2920-00031/00001
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Cambria, Niagara County
Project Description:
The applicant proposes to excavate 334,259 cubic yards of unconsolidated clay and topsoil from 10 acres of a 93 acre parcel of agricultural land.  The operation will be performed in phased, 200  foot sections over a 5 year period.  Reclamation will be through creation of a 19 foot deep, 9.5 acre pond for recreation and farm use.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 Apr 06, 2007.
Contact: Denise C Matthews
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