Department of Environmental Conservation

D E C banner

Revere Smelting & Refining (RSR) Corporation and ECO-Bat New York, LLC

February 15, 2017

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF COMPLETE APPLICATION
NOTICE OF AVAILABILITY OF DRAFT 6NYCRR PART 373 PERMIT
NOTICE OF PUBLIC MEETING
NOTICE OF PUBLIC STATEMENT HEARING
NOTICE OF PUBLIC COMMENT PERIOD

Applicant: Revere Smelting & Refining (RSR) Corporation and Eco-Bat New York, LLC

Project Location: 65 Ballard Road, Middletown, NY

PROJECT DESCRIPTION:The New York State Department of Environmental Conservation (NYSDEC) has reviewed the 6NYCRR Part 373 Hazardous Waste Management Permit renewal application submitted by Revere Smelting & Refining Corporation and Eco-Bat New York, L.L.C. (RSR/Eco-Bat) for its facility located at 65 Ballard Road, Middletown, NY. The NYSDEC has made a tentative determination to issue a Part 373 Permit renewal to RSR/Eco-Bat. State regulations require that the public be given an opportunity to comment on the draft permit. The public comment period begins on February 15, 2017 and will extend through April 17, 2017 .

FACILITY DESCRIPTION AND PROPOSED ACTION: RSR/Eco-Bat currently owns and operates a commercial facility for the storage of hazardous and industrial non-hazardous wastes on an approximately 155 acre site in the Town of Wallkill in Orange County, New York. This commercial facility accepts wastes which primarily consist of used lead acid batteries from both in-state and out-of-state generators. Battery wastes stored at this facility undergo a process by which lead is recovered for sale as a product, and other waste residuals are recycled (e.g, plastic casings) or shipped off-site for proper disposal. In addition to allowing storage of these wastes to continue, the Permit will require RSR/Eco-Bat to implement corrective action with respect to past environmental releases from the facility. NYSDEC has prepared a Fact Sheet for the public's use which provides further details on the draft permit and associated opportunities for public involvement in the process.

LEGISLATIVE PUBLIC STATEMENT HEARING & PUBLIC AVAILABILITY SESSION: Pursuant to 6 NYCRR Part 621 the NYSDEC will conduct a public statement hearing on March 29, 2017 at Wallkill Town Hall, Building A located at 99 Tower Drive in Middletown, New York. The public statement hearing will begin at 7:00 pm .

ALL PERSONS, ORGANIZATIONS, CORPORATIONS, OR GOVERNMENT AGENCIES WHO MAY BE AFFECTED BY THE PROPOSED PERMIT ARE INVITED TO ATTEND THE HEARING AND TO SUBMIT ORAL OR WRITTEN COMMENTS ON THE PERMIT. IT IS NOT NECESSARY TO FILE IN ADVANCE TO SPEAK AT THE HEARING. LENGTHY COMMENTS SHOULD BE SUBMITTED IN WRITING. EQUAL WEIGHT WILL BE GIVEN TO BOTH ORAL AND WRITTEN STATEMENTS. THE ADMINISTRATIVE LAW JUDGE (ALJ) MAY LIMIT THE TIME AVAILABLE FOR ORAL COMMENTS TO 3 MINUTES PER PERSON TO ENSURE THAT ALL PERSONS HAVE AN OPPORTUNITY TO BE HEARD. THE HEARING FACILITY IS REASONABLY ACCESSIBLE TO THE MOBILITY IMPAIRED.

Translator services shall be made available, at no charge, upon written request to the ALJ. All requests must be made to the NYSDEC Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550, phone (518) 402-9003. The request must be received no later than 4:00 p.m. on March 20, 2017. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above by March 22, 2017.

In addition, the NYSDEC will conduct a public meeting immediately prior to the start of the public statement hearing on March 29, 2017 from 4:00 pm to 6:00 pm at the same location. The purpose of this public meeting will be for NYSDEC staff to present information about the project and respond to questions regarding the Project as well as past environmental releases and corrective actions to be required by the permit. In the event that the Wallkill Town Hall is closed for the day or closes early due to inclement weather on March 29, 2017 , the hearing and public meeting will be held on March 30, 2017 at the same times.

SEQR STATUS: Pursuant to Part 617 of the New York State regulations for Article 8 [State Environmental Quality Review (SEQR) Act], NYSDEC has classified proposed permit modifications as associated with this renewal, as a Type II action per 617.5(c)29 as the proposed permit modifications are a requirement of a February 2011 Order On Consent issued by NYSDEC. Enforcement actions are exempt from SEQR.

DOCUMENT AVAILABILITY: Copies of the NYSDEC Fact Sheet, new draft permit and RSR's/Eco-Bat's application are available for inspection during normal business hours at NYSDEC Central Office, 625 Broadway, Albany, New York 12233, contact: Matt Mortefolio, (518) 402-9814; at the NYSDEC Region 3 Office, 21 South Putt Corners Road, New Paltz, New York 12561, contact: Wendy Rosenbach, (845) 256-3154; and the Middletown Thrall Library, 11 Depot St, Middletown, NY 10940.

Electronic copies of RSR's/Eco-Bat's application and other RSR/Eco-Bat documents are available through NYSDEC by contacting Mr. Matt Mortefolio at (518) 402-9814. Electronic copies of the NYSDEC Fact Sheet and part of the draft permit are available through NYSDEC's website http://www.dec.ny.gov/chemical/108863.html .

HOW TO PROVIDE YOUR COMMENTS: Any interested person may submit comments in writing, or verbally at the legislative public statement hearing. All comments will be considered in making the final decision about issuance of the permit. Written comments about the draft Part 373 Hazardous Waste Permit must be sent to Mr. Daniel Whitehead, Regional Permit Administrator, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, NY 12561, or by E-mail to dep.r3@dec.ny.gov . All comments must be submitted no later than April 17, 2017 to be considered. Equal weight is given to oral and written comments.

  • PDF Help
  • For help with PDFs on this page, please call 518-402-9003.
  • Contact for this Page
  • Office of Hearings and Mediation Services
    NYS DEC
    625 Broadway, 1st Floor
    Albany, New York 12233-1550
    518-402-9003
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions