Region 8 SEQR and Other Notices Region 8 SPDES Renewals

ENB Region 8 Completed Applications 04/04/2007

Monroe County

Applicant: Mark Klier
Facility: Klier Property
1356 Attridge Rd
Churchville, NY 14428
Application ID: 8-2648-00058/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Project is Located: Riga, Monroe County
Project Description:
The Department intends to issue a 401 Water Quality Certification in accordance with Section 401 of the Clean Water Act. The applicant proposes to impact 0.28 acres of federal wetland in the construction of a driveway. The applicant has proposed the creation of 0.83 acres of wetland to mitigate the impacts to the federally regulated wetlands.
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 20, 2007.
Contact: Thomas P Haley
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Seneca County

Applicant: Seneca Meadows Inc
1786 Salcman Rd
Waterloo, NY 13165 -9444
Facility: Seneca Meadows Swmf
1786 Salcman Rd
Waterloo, NY 13165
Application ID: 8-4532-00023/00001
Permit(s) Applied for: Article 19 Air Title V Facility
Article 27 Title 7 Solid Waste Management
Project is Located: Seneca Falls, Seneca County
Project Description:
This Notice is for the second stage of a two-stage review.  The Stage 1 permits including the Article 24 Freshwater Wetland and the 401 - Clean Water Act Water Quality Certification were public noticed, reviewed and issued contingent upon issuance of the Stage 2 permits.  The Stage 2 permit applications, including the Part 360 Solid Waste Management Facility, Part 201 State Air Facility, and General Permits for Stormwater Discharges from Construction and Industrial Activities, were submitted on December 22, 2006 and are the subject of this review.  The Draft Supplemental Environmental Impact Statement (DSEIS) has been submitted for the Stage 2 permit applications and includes evaluations of potential impacts to noise, visual, soils, ground and surface waters, geology, traffic, and air resources.

The applications, submitted by Seneca Meadows, Inc. (SMI), involve a 181-acre expansion to be located adjacent to the existing solid waste landfill.  The expansion will create approximately 31.2 million tons of disposal capacity and will allow an additional 14 years of landfilling at the current rate of 6,000 tons per day.  The expansion was requested because SMI’s current capacity will be filled in 2009.  

The proposed new footprint will include an overfill between the Existing Landfill (formerly referred to as the A/B landfill) and the Southeast Landfill (SELF) on the east side of the property and new footprint including an overfill of the Existing Landfill and the west side of the property to Salcman Road.  In addition, Salcman Road (a private road) will be rerouted to generally follow the town line and a 35.5 acre fill, including an overfill of a portion of the SELF and the sediment ponds along Route 414, will be constructed within the Town of Seneca Falls.  The Tantalo landfill, which is currently under remediation, will not be overfilled.  The new horseshoe-shaped footprint will reach a peak elevation of approximately 774 feet above mean sea level which is consistent with the existing facility (peak elevation of 763 feet MSL).


TITLE V MODIFICATION APPLICATION:

The original Title V permit issued for the operation of a Seneca Meadows, Inc. (SMI) sanitary landfill located at 1786 Salcman Road in the Town of Seneca Falls, NY authorized the operation of three emission units including: Emission Unit 1-Leach (leachate tank), Emission Unit 1-LFGAS (landfill gas from four landfill areas and associated control equipment), and Emission Unit 1-Soils (temporary BUD material storage).  This permit was renewed and modified on March 23, 2007.  The renewed permit included a continuation of the facility’s emission levels which meet the established caps of less than  250 tons per year (tpy) of CO and less than 100 tpy of NOx; a modification to relocate the flares across NYS Route 414 from the existing facility to the new energy facility which is located within the Renewable Resource Park (a 238-acre industrial park, developed by SMI); changes to Emission Unit E10001 including changes in capacity of three horizontal petroleum tanks; addition of Emission Unit 1-EMGEN for two back-up emergency generators; and addition of Emission Unit 1-ODCTL for use of odor neutralizing agents.  Emission Units 1-EMGEN and 1-ODCTL are exempt units and are included for information purposes only and have not been included as units in the renewed Title V permit.


The facility is located adjacent to the Seneca Energy, Inc. (SEI) Landfill Gas to Energy (LFGTE) facility which purchases landfill gas from Seneca Meadows and generates electricity from landfill gas.  The SEI facility is also currently permitted under Title V. Although SMI anticipates that much of the LFG from the proposed Expansion will be combusted in SEI’s LFGTE facility, SEI will not take on LFG or generate emissions beyond its current permit limits.  


SMI ‘s permit application to modify the Title V Facility Permit includes the additional landfill gas (LFG) from the proposed Expansion which will not be combusted by SEI. The applicant proposes to modify SMI’s existing Title V permit to incorporate a new 1-LFGAS landfill activity (LEXP1), which is the proposed landfill expansion area, and a new -1-LEACH leachate storage activity, which is a new aboveground leachate storage tank (TANK2).  


The existing facility is minor with respect to Prevention of Significant Deterioration and New Source Review (PSD/NSR).  The proposed expansion is below the significant source threshold for applicability to PSD/NSR.  The proposed expansion subjects the facility to 6NYCRR Part 227-2 NOx RACT. The proposed modified Title V permit will include a cap for total facility emissions of less than 200 TPY of NOx and less than 500 TPY of CO. Once SMI has reached this limit, waste placement will be prohibited unless SMI has secured, through contract, end users for LFG.  In addition, the end user’s permits will need to be in place at this time to in order for waste placement to continue.  Upon issuance of this modification, SMI would become a major facility with respect to PSD and NSR.  


In accordance with 6NYCRR Parts 621.5(d)(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.


SEQRA STATUS AND ACCEPTANCE OF A DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT (DSEIS):

The proposed Landfill Expansion has already been the subject of a Draft and Final Generic Environmental Impact Statement.  The purpose of this DSEIS is to address potential impacts that may result from the Landfill Expansion now that the detailed design is available.  The SEIS includes detailed Noise and Visual studies.  


The Project is a Type I action pursuant to ECL Article 8 (State Environmental Quality Review Act (SEQRA) and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, 6 NYCRR Part 617. The Department, acting as lead agency for the SEQRA review of this action, and issued a Positive Declaration of environmental significance  and Notice of Availability of Draft Scope for comment on November 7, 2006.  The DSEIS was submitted by the applicant on December 22, 2006. After review, Staff and the Town of Seneca Falls provided comments to SMI requesting additional information be incorporated into the DSEIS.  SMI submitted a revised DSEIS on February 20, 2007.


The Department made the determination that the revised  DSEIS is adequate for public review on March 20, 2007.  The cover letter accompanying the DSEIS includes Department clarification on some issues for the record.  Acceptance and distribution of the DSEIS give the public an opportunity to comment on the action’s environmental impacts,  various alternatives regarding the action and the measures to be taken to mitigate the impacts, so such comments may be part of the Department’s and other involved agencies final decision making considerations.


See the Combined Notice of Complete Application and Acceptance of the Draft Supplemental Environmental Impact Statement in the SEQR Section of the ENB.  


PUBLIC HEARING AND SEQRA DGEIS HEARING:


The Department will hold a legislative public hearing for this project. A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  A Notice of Hearing will be published in a separate notice 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.


A public hearing may be legislative or adjudicatory.  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.

DOCUMENT AVAILABILITY:

The DSEIS and associated documents, the permit applications, SMI’s subsequent correspondence, draft Title V and Part 360 permits, and the Department’s cover letter clarifying some issues on the DSEIS, are available for public review at the Department's Region 8 Office, 6274 East Avon-Lima Road, Avon, New York, 14414; at the Seneca Falls Town Hall at 10 Falls Street, Seneca Falls, NY; and at the Waterloo and Seneca Falls public libraries.  The DSEIS is available on SMI’s web site at http://www.senecameadows.com.


The application, Draft Permit, and Permit Review Report are available for review at the Region 8 NYSDEC office.  The Draft Permit and Permit Review Report may be viewed or downloaded as .pdf files at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html. 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 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 a.m. through 4:45 p.m.), unless the requester wishes to inspect the files at a later date.

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:
A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency:
NYS Department of Environmental Conservation
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 May 04, 2007.
Contact: Kimberly A Merchant
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Steuben County

Applicant: Pilot Travel Centers LLC
5508 Lonas Rd
Knoxville, TN 37909
Facility: Pilot Travel Center
St Rte 53 Off I-86
Kanona, NY 14810
Application ID: 8-4624-00154/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Bath, Steuben County
Project Description:
The Department has received an application for the discharge of stormwater and treated sanitary wastewater to groundwater from Pilot Travel Center located on NYS Route 53 in the hamlet of Kanona in the Town of Bath.  The travel center consists of fuel service stations, a convenience store, a Subway restaurant, shower facilities and laundry facilities. The stormwater discharge will drain from the re-fueling area to an oil/water separator before discharging to a retention basin.  The stormwater will be sampled for oil & grease, benzene, toluene, 1,2-xylene, 1,3-xylene amd 1,4-xylene.  The sanitary discharge, approximately 5800 gallons per day of treated wastewater from the restaurant kitchen, showers and laundry, will pass through a septic tank to an absorption field.  

The Department has made a tentative determination to approve this application.  As a tentative determination, the Department is seeking public comments prior to making a final decision on permit issuance.  A draft permit is available for review at the Department's Region 8 office in Avon.
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 performed.
SEQR Lead Agency:
Bath Town Planning Board
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 May 04, 2007.
Contact: Lisa M Porter
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Applicant: Corning Inc
HP-ME-02-50
Corning, NY 14831
Facility: Corning Inc Sullivan Park
One Science Center DR|END of Co Rte 107
Painted Post, NY 14870
Application ID: 8-4642-00011/00046
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Erwin, Steuben County
Project Description:
The Department has received an application for a second modification of the State Facility Permit for the Corning Inc - Sullivan Park research and development facility, modified October 26, 2006 to allow increased operation of a 1500 kilowatt diesel generator.  The facility currently emits air contaminants from two 46.7 million BTU per hour boilers, sodium hydroxide and hydrochloric acid storage tanks, acrylate coating processes, batch mixing and specialty glass production operations, hydrofluoric acid bath cleaning operations, fiber optic production, drying operations, process vacuum systems, and two research and development continuous glass melters.

Corning proposes to add a third continuous glass melter and to continue to restrict potential facility emissions to below the 6 NYCRR Part 201-6 (Title V) applicability thresholds for a Major Stationary Source.  In response, the Department has generated a Draft Permit, which includes Conditions based on material use, fuel use, and appropriate emission factors, to continue to limit facility emissions:

C    of carbon monoxide (CO), sulfur dioxide (SO2), oxides of nitrogen (NOX), particulate matter smaller than 10 microns (PM-10), and total particulate matter (PM), to below their 100 ton per year thresholds;
C    of volatile organic compounds (VOC), to below their 50 ton per year threshold;
C    of hazardous air pollutants (HAP) hydrogen chloride (HCl), hydrogen fluoride (HF), and chlorine (Cl2), to below their 10 ton per year thresholds; and
C    of all HAP substances combined, to below their 25 ton per year threshold.

The new melter will also be subject to Federal Regulations in 40 CFR Part 61 Subpart N, due to emissions of arsenic.  Based on proposed operations and air quality modeling information, the Draft Permit limits total facility emissions of arsenic to a maximum of 37.6 pounds per year.  Department staff have determined that this level of emissions will not result in significant off-site arsenic concentrations.

Compliance verification includes operation of emission control equipment, maintenance of operation logs for the boilers, melters, and emission control equipment, and calculations of 12 month rolling totals of emissions.  These records are to be maintained at the facility for a minimum of five years and must be made available with all supporting data to Department inspectors upon request.

The application and Draft Permit are available for review at the Region 8 NYSDEC office.  The Draft Permit may be viewed or downloaded as a .pdf file at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_asf.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 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 May 07, 2007.
Contact: Roger T McDonough
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Wayne County

Applicant: Gerard Case
Facility: Case Property
WALWORTH-ONTARIO Rd - E Side - Near N Lanson Rd
Ontario, NY
Application ID: 8-5434-00121/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Ontario, Wayne County
Project Description:
Applicant proposes to excavate up to 14 shallow potholes totaling approximately 2.6 acres within NYS Freshwater Wetland ON-13 as part of the USDA Wetland Reserve Program.  Material will be used to create a more diverse micro topography within the wetland.  The property involved in this project will be under a permanent easement to the USDA Natural Resource Conservation Service.  The project is located south east of Ontario Center approximately 3,000 east of the Walworth-Ontario Rd.  Bear Creek and Lanson Rd. are located north of the project area.  
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 20, 2007.
Contact: Robert I Shearer
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Applicant: Lillian Galvin
Facility: Galvin Property
Walworth Ontario Rd - 2500 Ft E|LANSON Rd - Sw
Ontario, NY
Application ID: 8-5434-00122/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Ontario, Wayne County
Project Description:
Applicant proposes to construct up to 8 shallow open water potholes and connecting level ditches within NYS Freshwater Westland ON-13 as part of the USDA Wetland Reserve Program. Property involved in project will be under a permanent easement to the USDA Natural Resource Conservation Service.  The project is located 2,500 ft. east of Walworth Ontario Rd.  Bear Creek and Lanson Rd. are located east of the project area.  


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 20, 2007.
Contact: Robert I Shearer
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Applicant: Garlock Inc
1666 Division St
Palmyra, NY 14522
Facility: Garlock Sealing Technologies
1666 Division St
Palmyra, NY 14522
Application ID: 8-5436-00007/00279
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Palmyra, Wayne County
Project Description:
The Department has received an application from Garlock Sealing Technologies for building demolition, asphalt removal, building construction, and site restoration work in the 100 foot adjacent area of Class 2 Freshwater Wetland PA-42.  

The project area is an approximately 40 acre industrial site on a 137 acre property in the Town of Palmyra, just north of the Village of Palmyra.  The site has been an industrial site for the past century, with buildings of various ages between 40 and 100 years.

The plans and application materials submitted propose a phased renovation of the site over approximately 10 years, and will involve the removal of obsolete structures, associated pipelines and utilities, and paved surfaces.  These will be replaced with new structures, and relocated parking and utilities.  The project as proposed will result in less coverage of wetland adjacent area with buildings and impervious surfaces than is presently the case.  Areas where impervious cover is to be removed will be converted partially to lawn and partially to native wetland plant species.

The Department has tentatively determined that a permit can be issued for the project as proposed, provided that comments received do not raise significant issues that have not been addressed.  The application is available for review at the Region 8 NYSDEC office.
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:
Wayne County Industrial Development Agency
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 23, 2007.
Contact: Roger T McDonough
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Region 8 SEQR and Other Notices Region 8 SPDES Renewals