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MPM Silicones, L.L.C.,

June 30, 2015

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC STATEMENT HEARING
AND DEADLINE FOR PETITIONS FOR PARTY STATUS

Applicant: MPM Silicones, L.L.C., 260 Hudson River Rd., Waterford, NY 12188 (MPM). NYSDEC Hazardous Waste Management Facility Renewal Permit Application No. 5-4154-00002/00357; EPA ID No. NYD002080034

Facility Description: MPM currently owns and operates an industrial facility, Momentive Performance Materials, which treats, stores and ships hazardous waste generated on MPM's approximately 800-acre silicones manufacturing facility, located in the Towns of Waterford and Halfmoon, Saratoga County, New York. The facility is located on both sides of Routes 4 and 32 west of the Hudson River in the vicinity of Campbell Island. The site contains five closed landfills that are receiving post-closure care. Hazardous wastes generated at this facility are either incinerated on-site in one of the two on-site hazardous waste incinerators or shipped off-site to another hazardous waste treatment, storage and disposal facility.

Previous Notices: MPM applied to the Department of Environmental Conservation (DEC) to renew its 6 NYCRR part 373 hazardous waste management facility permit. A notice of complete application was published in the DEC's Environmental Notice Bulletin (ENB) on September 3, 2014, http://www.dec.ny.gov/enb/20140903_not5.html and in local newspapers during the week of September 1, 2014.

A legislative hearing was held on October 8, 2014 at the Waterford Town Hall. Written comments on the draft renewal permit were received through October 20, 2014.

DEC staff revised the draft renewal permit in response to comments received and issued the final permit on April 2, 2015 that modified MPM's previous permit. MPM requested a hearing on the permit on May 1, 2015. The April 2, 2015 permit was suspended and MPM is currently operating under its prior SAPA extended part 373 permit until the issues identified by MPM regarding the permit issued on April 2, 2015 are ruled on by an Administrative Law Judge.

State Environmental Quality Review Act (SEQRA) Status: Article 8 of the ECL and 6 NYCRR part 617 require the renewal to undergo a SEQR process in conjunction with the submission of a permit application. In its role as lead agency under SEQRA, DEC staff determined that the proposed modifications associated with this permit renewal constitute an "Unlisted Action," and that these modifications will not have a significant effect on the environment. A negative declaration is on file for this action in the DEC's Region 5 Sub-Office and is available in electronic form.

Public Statement Hearing: A public statement hearing will be held pursuant to 6 NYCRR part 624 to hear and receive unsworn statements from the public concerning the conditions and terms of the April 2, 2015 permit and MPM's request for a hearing. The hearing will be conducted by Administrative Law Judge (ALJ) Michael S. Caruso at 1:00 p.m. on August 25, 2015, at the Waterford Town Hall located at 65 Broad St., Waterford, New York. All persons, organizations, corporations or government agencies that may be affected by the project are invited to attend the hearing and to submit oral or written comments regarding the conditions and terms of the April 2, 2015 permit. While it is not necessary to file in advance to speak at the hearing, lengthy comments should be submitted in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker as necessary to afford all attendees an opportunity to be heard. The hearing location is fully accessible to persons with mobility impairment. Translator services shall be made available, at no charge, upon written request to the ALJ at least 10 days prior to the hearing. Interpreter services shall be made available to deaf persons, at no charge, upon request to the ALJ at least 10 days prior to the hearing. All requests must be made to ALJ Michael S. Caruso, NYS Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York, 12233-1550, (518) 402-9003.

Written Public Comments: Written comments concerning the conditions and terms of the April 2, 2015 permit and MPM's request for a hearing may be mailed to ALJ Caruso at DEC's Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York, 12233-1550, and will be considered equally with oral statements delivered at the public statement hearing, provided they are received by September 1, 2015.

Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be held. The purpose of the issues conference is to determine party status for any person who has properly filed a petition (as indicated below) and to define the scope of issues, if any, that require adjudication with regard to the April 2, 2015 permit issued by DEC staff and MPM's request for a hearing relating to the conditions and terms of the April 2, 2015 permit. Please note that participation at the issues conference is limited to DEC staff, applicant, and those persons requesting party status. If no petitions for party status are filed with respect to the issues, or if any filed objections are withdrawn and the issues are satisfactorily resolved before the issues conference, the conference will be canceled without further notice and no adjudicatory hearing will be held.

Filing for Party Status: Persons seeking to participate in the issues conference and any subsequent adjudicatory hearing must file a petition (a written statement) explaining whether the request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition for amicus status, see 6 NYCRR 624.5(b)(1) and (3).

ALL PETITIONS REQUESTING PARTY STATUS MUST BE RECEIVED AT DEC'S OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 3:00 P.M. ON SEPTEMBER 11, 2015. Address all petitions and responses to Michael S. Caruso, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York, 12233-1550. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to counsel for DEC staff: Benjamin Conlon, Esq., Associate Attorney, NYSDEC Office of General Council, 625 Broadway 12233-1500; and counsel for MPM: Scott N. Fein, Esq., Whiteman Osterman & Hanna, LLP, One Commerce Plaza, Albany, New York 12260. Electronic filings and service by fax will not be accepted. Any questions about filing requirements or other hearing procedures may be addressed to ALJ Caruso by telephone at (518)-402-9003. In addition, DEC's hearing procedures may be found at http://www.dec.ny.gov/permits/6234.html, Hearings and Mediation Services, Guide to Permit Hearings.

Document Availability: MPM's renewal application, the draft permit, comments on the draft permit, the April 2, 2015 permit issued by DEC staff, and MPM's May 1, 2015 request for hearing, are available for review at the following locations during normal business hours:

  • Department's Region 5 Sub-Office, 232 Golf Course Rd., Warrensburg, NY 12885 (contact person: Marc Migliore)
  • Waterford Town Library, 117 3rd St, Waterford, NY

Electronic copies of MPM's application and MPM documents that are incorporated into the draft permit by reference are available through the following web site:

  • MPM's website http://www.momentivewaterford.com/2011/Environmental%20Page.htm

Electronic copies of the NYSDEC Fact Sheet, the NYSDEC Negative Declaration the draft and issued permit (including the modules and attachments), the responsiveness summary and the Hearing Request, are available through the following web site:

Further information may be obtained by calling Deborah Gardell at (518) 402-9813.

Applicable Statutes and Regulations: This application is being processed pursuant to ECL article 1 (General Provisions), article 3 (General Functions), article 27 (Hazardous Waste Management) and article 70 (Uniform Procedures), as well as 6 NYCRR part 373 (Hazardous Waste Management), part 621 (Uniform Procedures) and part 624 (Permit Hearing Procedures).

James T. McClymonds
Chief Administrative Law Judge

June 30, 2015
Albany, New York

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