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ENB - Region 2 Notices 11/5/2008

Public Notice

Voluntary Cleanup Program Availability of Remedial Action Work Plan for Comment

Name of Volunteer: The Port Authority of New York and New Jersey (The Port Authority)

Site Name: Howland Hook Marine Terminal (HHMT)-Port Ivory Facility: Site 2

Site Number: VCP No. V00674-2

Project Location: Site 2 consists of Area 2A (eastern portion of Block 1400, Lot 1) and Area 2B (southern portion of Block 1338, Lot 1). Together Areas 2A and 2B encompass approximately 28.6 acres of the 123.75 acre HHMT-Port Ivory Facility located at 40 Western Avenue in Staten Island, Richmond County, New York.

Project History and Conditions: In the early 1900s, Proctor and Gamble (P&G) developed portions of the current HHMT-Port Ivory Facility for use as a consumer goods manufacturing facility. The site was developed on a marshy area and fill materials (including sand, silt, gravel mixed with debris, cinders and manufacturing by-products) were used to raise the grade of low-lying areas. Operations at Area 2A consisted of soap and glycerin manufacturing and utility functions (i.e. boiler houses, wood processing for the boilers, locomotive maintenance, etc.). Operations at Area 2B consisted primarily of shipping via truck or rail. However, the southernmost portions of Buildings No. 70-75, used in process operations performed by Citrus Hill (formulated/packaged orange juice) and Duncan Hines (baking mix manufacturing) divisions of P&G, were located on Area 2B. Operations ceased in 1991. The Port Authority purchased the site in December 2000 and entered into the Voluntary Cleanup Program (VCP) in June 2004 to address contamination due to prior operations at the Facility. The only buildings remaining at Area 2A are Building No. 41 (used as offices by the Port Authority) and Building No. 45 (Guard shack). Building No. 40 was razed, and two modular offices are currently situated within the footprint of former Building No. 40. All former P&G buildings have been demolished from Area 2B and the site is currently vacant, except for railroad tracks. The Port Authority is currently redeveloping the facility as a container terminal and intermodal facility to facilitate the transfer of cargo from ships to their destinations via train or truck. Approximately 50-90% of the HHMT-Port Ivory Facility will be paved or otherwise capped following construction.

The Port Authority has completed several phases of investigation, including a Phase I Environmental Site Assessment and Supplemental File Review (Phase I ESA), a Site Investigation (SI), a Remedial Investigation (RI), and a Supplemental Remedial Investigation (SRI). During these investigations, The Port Authority conducted geophysical surveys, drilled soil borings, installed groundwater monitoring wells, and collected soil, groundwater, surface water and sediment samples for laboratory analysis. Soil throughout the site is impacted by metals and organic compounds at concentrations above the New York Recommended Soil Cleanup Objectives (RSCOs) as a result of historic fill materials. In addition to these impacts, light non-aqueous phase liquid (LNAPL) was encountered in soil at three areas, however, only minor impacts to soil and groundwater were identified where LNAPL was encountered. Groundwater at the site is impacted by metals and organic compounds at levels above the New York Ambient Water Quality Standards and Guidance Values (AWQSGVs). Surface water in Bridge Creek, which borders Area 2A to the south and west, and its unnamed tributary, which borders Area 2B to the south, did not contain elevated concentrations of metals and regulated organic compounds. Sediment samples collected from Bridge Creek contained elevated concentrations of pesticides, polychlorinated biphenyls, and metals, which are likely from offsite sources. Vapor intrusion (VI)/indoor air (IA) quality is considered to be a potential concern only at trailers within a footprint of 100 feet by 85 feet.

Description of the Proposed Remedial Action: Remedial activities to be performed under the VCP consist of three parts: capping approximately 50-90% of the land surface with impervious materials, establishing an Environmental Easement, and excavating hot spots. Any areas at the site that will remain unpaved following redevelopment will be covered with a minimum of one foot of clean soil cover with a demarcation barrier (i.e., geotextile, plastic liner, or equivalent) between the original land surface and the cover. The proposed remedial action is considered to be protective of human health and the environment, given the industrial land use. Post-remedial monitoring, including groundwater, surface water, and (potentially) sediment sampling, and inspection of the integrity of the impervious cover, will be conducted on an annual basis until the New York State Department of Environmental Conservation (NYS DEC or Department) notifies the property owner in writing that this monitoring/certification is no longer needed. The purpose of this annual monitoring program is to confirm the protectiveness of the remedial action. The Port Authority will implement health and safety measures at the facility to protect onsite personnel, tenants and contractors in accordance with a Site Specific Health and Safety Plan and a Community Air Monitoring Plan. Passive venting will be installed beneath the trailers where VI/IA is a potential concern.

Comment Period: The Remedial Action Work Plan (RAWP) for Site 2 is available for review at the location set forth below. Written comments on this action must be received within 30 days following the date of this Notice. Written comments expressing objections or opposition to the RAWP must explain the basis of the opposition and identify the specific grounds which could justify the Department's imposing significant changes to the RAWP. No formal response is made to comments, but as a result of comments, the Department may reevaluate and revise the RAWP.

Contact Person: Thomas Gibbons, Project Manager, NYS DEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7016, Phone: (518) 402-9768 or toll free: (888) 212-9586.

For health-related concerns, contact: Bridget Callaghan, Project Manager, New York State Department of Health, Flanigan Square, Room 300, 547 River Street, Troy, NY 12180-2216, Phone: (518) 402-7860 or toll free: (800) 458-1158, ext. 27860.

The RAWP is available for review at the New York Public Library, Port Richmond Branch, 75 Bennett Street, Staten Island, NY 10302, Phone: (718) 442-0158, Hours: Mon. 10:00 a.m. to 6:00 p.m., Tues. 1:00 p.m. to 8:00 p.m., Wed.-Thur. 10:00 a.m. to 6:00 p.m., Fri.10:00 a.m. to 6:00 p.m. and Sat. 10:00 a.m. to 5:00 p.m.

Negative Declaration

New York County (Manhattan) - The New York City Department of Housing Preservation and Development (NYC HPD), as lead agency, has determined that the proposed El Barrio Artspace at the former P.S. 109 will not have a significant adverse environmental impact. The action involves an application by NYC HPD, on behalf of the project sponsor, El Barrio Artspace Limited Partnership, for the disposition of City-owned property, project approval and designation of the site as an Urban Development Action Area Plan (UDAAP). In addition, NYC HPD is seeking a Mayoral zoning override for a waiver of the minimum 30 foot distance requirement between legal lot line windows and rear and side lot lines, a waiver of height and setback regulations and a waiver of the minimum required rear yard. The proposed project also requires easements from the New York City Housing Authority.

Under the proposal, the interior of a vacant, former school building would be demolished and reconfigured to contain 78 units of affordable housing for artists and 13,715 square feet of community facility space. The former school building is listed on the National Register of Historic Places and is currently under the jurisdiction of the New York City Department of Education (jurisdiction will be transferred to NYC HPD prior to disposition to the sponsor). The project is located at 213-219 East 99th Street in the East Harlem section of Manhattan, Community District 11, New York City, New York.

Contact: Patrick Blanchfield, NYC HPD, Phone: (212) 863-5056, E-mail: blanchfp@hpd.nyc.gov.

Revised Conditioned Negative Declaration

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has determined that the proposed Phipps Plaza South Rezoning will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. This revised Conditioned Negative Declaration notice supercedes that noticed on August 20, 2008. The action involves a zoning map amendment to change existing C1-8 and R8 zoning districts to a C1-9 zoning district and a zoning text amendment to ZR Section 23-84 to allow court and side yard regulations in the former Bellevue South Urban Renewal Area (BSURA) to be modified. The existing C1-8 zoning district allows residential and commercial retail uses built to a maximum floor area ratio (FAR) of 7.52 for residential uses and a maximum FAR of 2.0 for commercial uses. The existing R8 district allows residential uses built to an FAR of 6.02. The proposed C1-9 zoning district would allow residential and commercial retail uses built to a maximum FAR of 12.0 for residential uses (with inclusionary housing) and a maximum FAR of 2.0 for commercial uses. The text amendment would ensure that the existing buildings' lot line windows can have access to light and air by permitting an open area of at least eight feet between existing residential buildings with non-complying courts and new residential developments. The proposed action would facilitate a development proposal for two, nine-story infill residential buildings containing a total of 90 dwelling units. Both buildings would be developed as affordable housing. The project is located in the Kips Bays neighborhood of Manhattan, Community District 6 on the blocks bounded by East 26th Street to the north, Second Avenue to the west, a line parallel to and 100 feet north of East 23rd Street to the south and a line parallel to and 125 feet east of Second Avenue on the east in New York City, New York.

The conditions are: A Phase II is to be conducted of the proposed development site in accordance with an approved sampling protocol plus the utilization of ground penetrating radar survey to locate underground storage tanks within the affected area. Further, if warranted by the Phase II, any necessary site remediation would be conducted in accordance with an approved Remedial Action Plan.

Contact: Robert Dobruskin, New York City Department of City Planning, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3423.

Notice of Acceptance of Final EIS

New York County (Manhattan) - The New Jersey Transit, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Access to the Region's Core (ARC). The Access to the Region's Core (ARC) Final Environmental Impact Statement (FEIS) documents the social, economic, and environmental impacts and mitigations associated with the construction and operation of the proposed action. The FEIS Build Alternative takes into account the public and agency comments received on the February 2007 Draft Environmental Impact Statement (DEIS), the March 2008 Supplemental Draft Environmental Impact Statement (SDEIS), and the advancement of preliminary engineering. The ARC project extends from just west of Frank R. Lautenberg Station in Secaucus, New Jersey to Fifth Avenue and West 34th Street in Manhattan. The project would include the construction of loop tracks connecting to the Northeast Corridor (NEC) at Frank R. Lautenberg Station, a new rail yard in Kearny, New Jersey and two tunnels under the Palisades in New Jersey and the Hudson River that would connect to a New York Penn Station Expansion (NYPSE), under West 34th Street in Manhattan. The project is located in the Borough of Manhattan, New York. The FEIS is available at the following locations: Humanities & Social Science Library-Fifth Avenue & 42nd Street; Science, Industry, Business Library - 188 Madison Avenue (at 34th Street) in Manhattan, New York. The FEIS is also available on the following website: www.accesstotheregionscore.com.

Contact: Tom Schulze, New Jersey Transit, One Penn Plaza East, 8th Floor, Neward, NJ 07105, Phone; (973) 491-8912, E-mail: tschulze@njtransit.com.

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