Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 03/14/2007

Cattaraugus County

Applicant: Town of Franklinville
11 Park Sq
PO Box 146
Franklinville, NY 14737 -0146
Facility: Franklinville Water District No 1
Pine Maple Elm Baker Sts & Cadiz Cemetery Hill
Franklinville, NY 14737
Application ID: 9-0440-00082/00001
Permit(s) Applied for: Article 15 Title 15 Water Supply
Project is Located: Franklinville, Cattaraugus County
Project Description:
The Town of Franklinville has created Town of Franklinville Water District No. 1 and proposes acquisition of an existing water distribution system originally installed by the Village of Franklinville to serve 75 parcels (mixed residential and miscellaneous users) in four non-contiguous areas in the Town outside of the Village boundary.  Up to 16,000 gallons per day (estimated future maximum daily demand) will be purchased from the Village under the terms of a Bulk Water Sale Agreement.  No new construction is proposed with this project.  
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:
Franklinville Town Board
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 30, 2007.
Contact: Kenneth C Taft
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us

Chautauqua County

Applicant: Keywell LLC
11900 South Cottage Grove
Chicago, IL 60628
Facility: Vac Air Division of Keywell
300 Falconer Rd
Frewsburg, NY 14738
Application ID: 9-0624-00016/02002
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Carroll, Chautauqua County
Project Description:
The Department has prepared a Draft Permit and has made a tentative determination to approve this Title V Air Permit application for Keywell, L.L.C. who owns and operates the Vac Air Division at 300 Falconer Road, Frewsburg, Town of Carroll. The facility processes stainless steel, high temperature alloys and titanium scrap metal for consumption by industry. The facility's primary processes include: solvent vapor cleaning, thermal degreasing and cleaning, shredding operations, and torching operations. The current permit action incorporates two permit changes including: (1) changing the existing Air Facility Registration to a Title V permit, and (2) a major permit modification for the installation and operation of a new in-line solvent vapor cleaning machine. The air pollution sources at Keywell emit air pollutants consisting mainly of particulate matter, volatile organic compounds (VOC) and trichloroethylene (TCE). The potential particulate and VOC emissions estimated without the use of air pollution control equipment could exceed 100 tons per year (tpy) and 50 tpy, respectively. The actual TCE emissions exceed the major source threshold of 10 tpy. Particulate emissions are generated primarily from the shredding, blasting and cutting operations. The facility utilizes cyclones and fabric filters on certain sources to reduce the facility total actual particulate emissions to less than 100 tpy. VOC emissions (not including the TCE emissions) are produced from the lubricating oils emitted during the shredding and cleaning processes. These VOC emissions are controlled using afterburners on the thermal degreasing unit and the cleaning oven. TCE emissions are emitted from the solvent vapor cleaning machines. The solvent vapor cleaning machines control TCE emissions by complying with the National Emission Standards for Halogenated Solvent Cleaning. VOC emissions will remain a minor source. The particulate emissions generated during the production processes are regulated under 6NYCRR Part 212. Keywell operates an existing in-line vapor cleaning machine; monitoring of the concentration of TCE in the exhaust of the carbon adsorber will remain in effect. Keywell is proposing to install and operate a new in-line solvent vapor cleaning machine, using the idling emission limit as the compliance method, as stated in 40CFR63.463, Subpart T. On-going compliance is met using idling mode covers and routine monitoring of the primary condenser zone temperature as determined during the required idling emission test per Method 307. 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 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 Apr 13, 2007.
Contact: Penny R Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Niagara County

Applicant: Durez Corporation
14131 Midway Rd Suite 500
Addison, TX 75001
Facility: Durez Niagara
5000 Packard Rd
Niagara Falls, NY 14302 -0863
Application ID: 9-2911-00111/00003
Permit(s) Applied for: Article 27 TItle 9 Resource Conservation and Recovery Act
Project is Located: Niagara Falls, Niagara County
Project Description:
The Department (DEC) has prepared a Draft Permit and made a tentative determination to renew the existing Part 373 Permit for Durez Corporation's (Durez) Packard Road facility.  The facility generates hazardous wastes in the manufacture of phenolic resins and stores these wastes in containers in a storage area and in five storage tanks prior to incineration in an on-site incinerator.  Durez has a Part 373 Permit issued in May 1900 by DEC for a period of five years. Before that permit expired, Durez submitted a Part 373 Permit renewal application, and thus, the 1990 permit was extended under the State Administrative Procedures Act until a final determination is made by DEC either to renew or deny the permit application.  Review of the application was suspended pending the outcome of Occidental Chemical Corporation's (OCC) trial burn test with Durez wastes in OCC's Buffalo Avenue incinerator.  Durez was previously owned by OCC. Instead of renewing their own incinerator permit in the mid 90s, Durez planned to ship their hazardous waste to OCC in Niagara  Falls for incineration.  A trial burn was conducted with Durez waste at OCC's Niagara Falls facility.  In the mean time, OCC sold their Durez facility to a new owner, resulting in requiring Durez to submit a renewal application with a trial burn/comprehensive performance test plan at their facility.  Durez upgraded the existing incinerator system prior to performing this test by adding an air pollution control system.  Durez was required to perform a trial burn test to:  (1) demonstrate continued compliance with the performance standards in 6 NYCRR Part 373-2.15 and in the US Environmental Protection Agency's (EPA) new MACT Rule for Hazardous Waste Combustors in 40 CFR 63.1203 for burning hazardous wastes in incinerators, (2) enable DEC to determine incinerator operating conditions to be specified in the renewed permit to ensure routine day-to-day compliance of the incinerator with these standards, and (3) obtain emission data for a multi-pathway risk assessment.  This test burn was performed during August 2003 and again in September 2003 as per a DEC approved trial burn plan and under DEC oversight.  Trial burn results were reviewed and approved by DEC staff.  Also, DEC staff with assistance from Department of Health staff, and EPA staff reviewed a Durez report on the estimate of health impacts of its emissions in a multi-pathway risk assessment report and found it to be acceptable.  The remaining portions of the permit renewal application to demonstrate compliance with hazardous waste storage and treatment standards (in containers and tanks) were also reviewed by DEC staff and found to meet the 6 NYCRR Part 373-2 permitting standards for storage and treatment of hazardous wastes in containers and tanks.  Hence, DEC has tentatively determined to renew the facility's permit for storage of on-site generated hazardous wastes in a container storage area, and five storage tanks and incinerate them in an on-site incinerator.  A fact sheet providing additional information on the facility and its operation is available on the DEC website at: www.dec.state.ny.us/website/dshm/hzwstman/durez.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:
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 30, 2007.
Contact: Jeffrey E Dietz
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