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ENB Region 8 Completed Applications 09/05/2007

ENB Region 8 Completed Applications 09/05/2007

Livingston County

Applicant:

Arkema Inc
2000 Market St
Philadelphia, PA 19103

Facility:

Arkema Inc
North of St Rte 63 - W of River
Piffard, NY 14533

Application ID:

8-2452-00006/00043

Permit(s) Applied for:

Article 27 TItle 9 Resource Conservation and Recovery Act

Project is Located:

York, Livingston County


Project Description:

The New York State Department of Environmental Conservation (NYSDEC) has reviewed the hazardous waste management permit application submitted by Arkema Inc., 3289 Genesee Street, Piffard, NY 14533 and have made a tentative determination to issue a 6NYCRR Part 373 permit renewal.


State and federal regulations require that the public be given forty-five days to comment on draft permits. The public comment period begins on September 6, 2007 and will extend through October 22, 2007.


FACILITY DESCRIPTION

The Arkema Inc. Geneseo Facility is located in the Town of York, Livingston County, New York. Arkema is located with in the floodplain of the Genesee River, which forms the site's northern boundary. Agricultural and undeveloped land form the east and west boundary and a residential area is located to the southwest. The nearest resident is approximately 2,000 feet southwest of the site. The Town of York provides drinking water for the residents and the facility. The Town of York purchases their water from the Village of Geneseo.


Arkema property consists of approximately 300 acres of land located off NYS Route 63. Approximately 75 acres of the 300 acre property are used for material processing. The facility began operations in 1953. Primary products manufactured at the facility are organic peroxides which serve as feed materials for the plastics industry. Since 1986, Arkema has conducted investigations of the facility to locate and characterize potential impacts related to their operations. The Corrective Measures Study (CMS) was public noticed June 2, 2003 and included a human health risk assessment and a Fish and Wildlife Impact Assessment, to evaluate the collected investigation data and review potential corrective actions. The final corrective actions for the Geneseo facility were selected in the Statement of Basis. Corrective measures consisting of a combination of institutional measures and soil excavation and off-site disposal were developed for the facility. The Department has determined that these corrective measures are sufficiently protective of human health and the environment. The Corrective measures Implementation Construction Monitoring Report was received on March 10, 2006 and approved by the Department in November 2006. Currently, there are no corrective action activities or issues at the facility.


The Geneseo facility manages hazardous wastes that are generated on-site. Hazardous wastes that are generated on-site are stored in the Container Storage Area, prior to off-site shipment to a permitted/licensed treatment, storage and disposal facility. The Container Storage Area is approximately 9,600 square feet and is capable of storing approximately 44,000 gallons of waste. The Container Storage Area is designed to provide eight segregated storage areas. Each area is segregated from the adjacent area by a sloping concrete bottom or by a six-inch high curb providing sufficient volume to hold greater than 10 percent of the maximum volume of containers.


TENTATIVE DETERMINATION


1. STATE OF NEW YORK - NYSDEC


After review of the permit application, the Department has found it to be complete. Based upon the complete application, the Department has made a tentative determination to issue a 6NYCRR Part 373 Permit renewal to the facility for the operation of a hazardous waste storage and treatment facility and has prepared a Draft Permit pursuant to the regulations in 6NYCRR Part 373-2 (Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities) as well as with all other applicable hazardous waste management laws and regulations.


The draft Part 373 permit also requires the facility to institute corrective action to address any uncorrected releases at all solid waste management units. Based upon available information, NYSDEC has made an assessment of the need for corrective action and has made a tentative determination that there have been releases of hazardous waste or hazardous waste constituents to the environment. Corrective action activities for the facility have been complete and no further action is required at this time.


Pursuant to Part 617 of the New York State regulations for Article 8, SEQRA (the State Environmental Quality Review Act), NYSDEC has determined that the proposed action, described above, is a Type II action.


DOCUMENT AVAILABILITY

Copies of the draft permit, the supporting permit application, and the Fact Sheet are available for inspection at the Department of Environmental Conservation, Division of Solid and Hazardous Materials, 625 Broadway, Albany, New York 12233-7252, (contact person: Jessica LaClair, (518) 402-8594), and at the Department of Environmental Conservation, Region 8 Office, Division of Environmental Permits, 6274 East Avon-Lima Road, Avon, New York 14414, (contact person: Lisa M. Porter, (585)226-2466). A copy of the Fact Sheet, which summarizes the permitting process, the descriptions of the permit application and draft permit, may be obtained by contacting the aforementioned contact persons.


HOW TO PROVIDE YOUR COMMENTS


All comments will be considered and evaluated in making the final determination to issue the permit renewal. Prior to the approval of permit renewal, the NYSDEC will respond to any comments submitted by the public. If warranted, changes will be made in the draft version. A notice of the final decision will be sent to each interested citizen or organization who have submitted written comments or have requested such notice.


In lieu of, or in addition to the submittal of written comments, any interested person(s) may request a public hearing as per 6NYCRR Part 621. A request for a public hearing must be made in writing, stating the nature of the proposed issues to be raised in the hearing.


Comments on the 6NYCRR Part 373 Permit and/or request(s) for a hearing must be sent no later than October 22, 2007 to:


Lisa M. Porter
Division of Environmental Permits
NYSDEC Region 8
6274 East Avon-Lima Road
Avon, NY 14414
(585)226-5402


STATUTORY AND REGULATORY PROVISIONS


This application was filed and processed pursuant to the Environmental Conservation Law ("ECL") Article 3 Title 3 (General Functions), Article 8 (State Environmental Quality Review), Article 27 Title 9 (Industrial Hazardous Waste Management), and Article 70 (Uniform Procedures); and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6NYCRR") Part 617 (State Environmental Quality Review), Part 621 (Uniform Procedures) Parts 370-374 (Hazardous Waste Management Facilities) and Part 376 (Land Disposal Restrictions).


The applicable Federal Statutes are the Resource Conservation and Recovery Act ("RCRA") and the Hazardous and Solid Waste Amendments of 1984 ("HSWA"), 42 U.S.C. Section 6901 et. seq.; the applicable Federal regulations are contained in 40 CFR Parts 260 through 264, 266, 268, 270 and 124.


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 Oct 22, 2007.

Contact:

Lisa M Porter NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Ontario County

Applicant:

Syracuse Sand & Gravel LLC
PO Box 6418
Syracuse, NY 13217 -6418

Facility:

Lake Road PIT-SYRACUSE Sand & Gravel
Lake Rd (AKA De Ruyter Rd) - E Side - ~1 Mi N of Gifford Rd
Phelps, NY 14532

Application ID:

8-3240-00033/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Phelps, Ontario County


Project Description:

The Department has received a Mined Land Reclamation application from Syracuse Sand & Gravel LLC for a 3.3 acre expansion of the Life of Mine area at the Syracuse Sand & Gravel - Lake Road Pit. The applicant proposes to store stockpiled material in this area, increasing the existing 73.6 acre Life of Mine area to 76.9 acres. No excavation is proposed in the expansion area. The proposed expansion is a major project requiring public notice as defined in Uniform Procedures Regulations 6 NYCRR Part 621.4(i)(2). Since more than 2.5 acres in an agricultural district will be affected, it is also a Type 1 action as defined in State Environmental Quality Review 6 NYCRR Part 617.4(b)(8). The expansion area is located adjacent to the existing Syracuse Sand and Gravel mine, between Lake Road and the adjacent area of Class 2 Freshwater Wetland NW-4, approximately 1.1 miles south of Burnett Road.


Operations at the mine will continue surface extraction of sand and gravel, and will convert 47.2 acres of the site into a pond. Excavation by mechanical front end loader, backhoe, and dragline, and processing including washing, screening and crushing, will continue as in the current permit. Final reclamation will include stockpiled topsoil replaced and re-seeding for the remaining 26.4 acres around the pond. Hours of operation will remain limited to weekdays from 7 AM until 6 PM, and Saturdays from 7 AM to 3 PM, with no operations on Sundays and legal holidays.


The application is available for review at the Region 8 NYSDEC office, and a copy of the application materials has been sent to the Town of Phelps.

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 Oct 09, 2007.

Contact:

Roger T McDonough NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Schuyler County

Applicant:

Town of Hector
Rd 1
Burdett, NY 14818

Facility:

HECTOR-T Water District
Co Rte 2 & St Rte 414 - WEST-CENTRAL Part of Town
Hector, NY 14818

Application ID:

8-4426-00010/00003

Permit(s) Applied for:

Article 15 Title 15 Water Supply

Project is Located:

Hector, Schuyler County


Project Description:

The Town of Hector has made an application to extend the water supply and distribution system into its Extension 1A and 1B and to take for use therein a supply of water up to an average of 22,080 gallons per day from the Town of Hector Wells and a total taking of 485 gallons per minute from the wells and the proposed infiltration gallery. The project includes the installation of 27,650 linear feet of 8-inch and 7750 LF of 12-inch water main and appurtenances to serve 64 service connections and future growth along County Road 2, Basset, Mathews, Satterly, and Logan Roads, and existing connections including several large parcels along the original water district, on NYS Route 414, Lake Street, Dugue, Smith Park, Mapes, Wickam, Nichols, Tug, Hollow Roads, and Rose Lane. The project also includes an infiltration gallery (to be located south of Bullhorn Creek and above the mean high water mark of Seneca Lake), and a filtration building and membrane filtration unit (to be located on Peach Orchard Road) to treat additional water from Seneca Lake at a maximum demand of 240,000 gpd. The membrane filtrate will be sent to a municipal sewer system. The file is available for review and comment at NYSDEC Region 8.

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: Hector Town 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 Sep 21, 2007.

Contact:

Kimberly A Merchant NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Steuben County

Applicant:

Joseph Meyer, Sr

Facility:

Joseph Meyer Gravel Pit
Church RD|FORMERLY Part of Mlf 80733
Wayland, NY

Application ID:

8-4674-00119/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Wayland, Steuben County


Project Description:

The Department has completed its initial review of a Mined Land Reclamation permit application submitted by Joseph and John Meyer for the modification of their existing sand and gravel mine on Church Road in the Town of Wayland. The mine will continue to operate as a traditional surface excavation of sand and gravel using mechanical equipment standard for this type of mining operation. The project modification is to increase the Life of Mine area from 2 acres to 5 acres. Final reclamation will restore the site to agricultural use. Materials will be not be mined from below the water table. On-site processing will include screening and crushing at a rate not to exceed 150 tons per hour. The area has been previously used for mining.

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: NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. The report of the survey is on file. No 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 Oct 05, 2007.

Contact:

David L Bimber NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


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