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ENB Region 3 Completed Applications 03/16/2011

Orange County

Applicant:

BOCES Orange Ulster Counties
Rd 2 Gibson Rd
Goshen, NY 10924 -9802

Facility:

Amy Bull Crist Education Ctr
53 Gibson Rd
Goshen, NY 10924

Application ID:

3-3330-00031/00007

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Goshen, Orange County


Project Description:

The project sponsor proposes to construct an emergency access road at the Orange-Ulster BOCES Gibson Road campus. The access road will disturb approximately 20,355 sq ft of the 100 foot adjacent area of Freshwater Wetland GO-34.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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: Orange-Ulster Board of Cooperative Educational Services

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 Mar 31, 2011.

Contact:

Joseph R Murray
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us


Applicant:

Metal Container Corp
3636 S Geyer Rd Ste 400
Saint Louis, MO 63127 -1237

Facility:

Metal Container Corp
130 Bruenig Rd
New Windsor, NY 12553

Application ID:

3-3348-00084/00131

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

New Windsor, Orange County


Project Description:

The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to issue a renewal for the Title V Air Facility Permit for the operation of the Metal Container Corporation.

The Metal Container Corporation is located in the Town of New Windsor, Orange County, New York. The facility manufactures two piece aluminum beverage cans. Facility emissions are from the cutting and forming of the can bodies as well as coating and decorating operations. Emissions from the facility include Volatile Organic Compounds (VOC), Hazardous Air Pollutants (HAP) and Oxides of Nitrogen (NOx). NOx emissions are primarily from an existing thermal oxidizer which is used to control VOC and HAP emissions associated with the can coating operations.

There are two emission units which define the facility. Emission Unit U-1000, Front end Operations, consist of the process of forming the can body. Particulate and cutting oil emissions are associated with sources under this emission unit. Emission unit U-2000, Back end Operations, consists of lines which apply various coatings to the manufactured aluminum cans. VOC and HAP emissions are generated from sources defined under this emission unit. These emissions are conveyed to an existing thermal oxidizer for destruction.

This Title V Permit Renewal 2 contains Clean Air Act and State requirements including but not limited to a facility limit of natural gas usage to avoid New Source Review, 6NYCRR 228 and 40CFR 60-WW VOC limits of coating applied, a facility wide cap of HAP to avoid 40 CFR 63-KKKK and 6NYCRR 212 limit of particulate emissions.

The Standard Industrial Classification Code for this facility is 3411 - Metal Cans and Shipping Containers.

The facility potential air emissions for VOC's exceed major source pollutant thresholds pursuant to 6NYCRR Subpart 201-6. Therefore, the facility is subject to the provisions of Title V.

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

In accordance with 6NYCRR Parts 621.7(b)(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.

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 (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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 Apr 15, 2011.

Contact:

Kenneth R Grzyb
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us


Applicant:

PJH Realty LLC
PO Box 859
Goshen, NY 10924 -0859

Facility:

Healey Chevrolet
5216 Rte 17M
Middletown, NY

Application ID:

3-3356-00144/00003

Permit(s) Applied for:

Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Wawayanda, Orange County


Project Description:

The project sponsor proposes to restore a 650 foot stretch of a tributary of Monhagen Brook [Index # H-139-13-52-2, Class B] adjacent to the Healy GM Dealership located at the Route 17M and Sunrise Park Drive intersection. The previously disturbed stream bank will be stabilized with plantings of woody vegetation as requested by the Department.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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:

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 Mar 31, 2011.

Contact:

Joseph R Murray
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us


Applicant:

ELT Harriman LLC
1650 Des Peres Rd Ste 303
Saint Louis, MO 63131

Facility:

ELT Harriman LLC (Formerly Nepera Inc)
41 Arden House Rd
Harriman, NY 10926

Application ID:

3-3358-00045/00134

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Woodbury, Orange County


Project Description:

DEC is providing public notice of the above referenced draft permit. Previously, this site was authorized under SPDES permit NY0006670. However, NY0006670 has expired. Due to changes in site operations and ownership, and due to the expiration of NY0006670, a new permit (NY0275123) has been drafted. The facility is a closed chemical manufacturing plant and an inactive hazardous waste site. Treatment consists of sedimentation and equalization in a lagoon prior to discharge. Discharge consists solely of stormwater runoff which will be periodically batch discharged to the Ramapo River. No stormwater discharges from activities relating to site excavation, remediation, or demolition are authorized. Note that this permit authorizes mercury discharge at a level exceeding the water quality based effluent limit in accordance with the statewide mercury multiple discharge variance (MDV.)

The facility will discharge stormwater though Outfall 002, located at latitude 41° 18' 35" and longitude 74° 08' 24", into Ramapo River, NJ-12, which is classified as Class C by the Department.(note that the Ramapo River becomes Class A(T) 1.2 miles downstream):

Unless otherwise noted, it is assumed that there is no remaining assimilative capacity for solids, oxygen demanding substances, nitrogen compounds, copper, and zinc. For other substances, the Water Quality (WQ) allocation to this permit is restricted to 50% due to uncertainties in background levels, NY0027901 discharge, and nonpoint source loadings from the applicant's site. Water Quality Based Effluent Limitations (WQBELs) were calculated using the critical flow and Class C standard applicable to the discharge location. Additionally, Class A standards and a higher critical flow rate were evaluated at the downstream location where the class changes. Final limits include a mix of Technology Based Effluent Limitations (TBELs), Class C WQBELs, and Class A WQBELs. TBELs and WQBELs were not applied to certain parameters where it was judged that the difference between existing effluent quality and the limit made noncompliance exceedingly unlikely.

pH
A TBEL of 6-9 was developed consistent with the permit limit at this outfall in expired permit NY0006670. pH data for NY0006670 is in a range which avoids the need for a 6.5-8.5 WQBEL in this new permit.

Total Dissolved Solids
It is assumed that there is no remaining assimilative capacity for this pollutant due to the discharge from NY0275123. Therefore, a WQBEL equivalent to the WQ standard is included.

BOD5, CBOD5, TKN, UOD, DO
Equivalent to NY0027901 concentration requirements except that there is also a TBEL for CBOD5 as noted in table.

Chlorine
Due to analytical constraints, the WQBEL of 5 ug/l was superseded by the lowest available approved method ML of 20 ug/l.

Copper and Zinc
Dissolved WQ standards were determined using the critical hardness of 100 and then converted to Total using an assumed dissolved:total ratio of 1:2.

Mercur
y Mercury was detected in the wastewater at a level of 298 ng/L, which exceeds the water quality standard of 0.7 ng/L. In this case, the detected level of mercury suggests that there is a significant on-site source of mercury. Consequently, the permit includes the following requirements: an effluent limit; a mercury minimization program requirement; and routine monitoring using EPA Method 1631. Note that the ubiquitous nature of mercury contamination currently makes it impractical for any dischargers to achieve the calculated water quality-based effluent limit. Therefore, in accordance with DOW Policy 1.3.10 and the statewide MDV, the effluent limit is representative of a level achievable by the application of mercury minimization efforts and/or wastewater treatment technology.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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:

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 Apr 15, 2011.

Contact:

Andrea Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us


Ulster County

Applicant:

Rural Ulster Preservation Company Inc
289 Fair St
Kingston, NY 12401 -3843

Facility:

Woodstock Commons
Playhouse Ln
Woodstock, NY

Application ID:

3-5158-00179/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Woodstock, Ulster County


Project Description:

The applicant proposes to disturb 0.136 acres of DEC-regulated wetland WT-12 (Class 3), also regulated by the Army Corp of Engineers, and 0.097 acres of wetland regulated by the Corp only. Also proposed for disturbance is an additional 0.562 acres of DEC-regulated adjacent area and 80 linear feet of Ferguson Brook, (NYS Waters Index # H-171-17-16, Class C(t)). Disturbance are related to construction of a road crossing and utility features associated with the development of a 53-unit affordable housing complex. An additional 0.197 acres of adjacent area is proposed for disturbance for mitigation work. An application to extend the Town of Woodstock water district to serve this property is under review by DEC (DEC application 3-5158-00149/00003).

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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: Woodstock Town Planning Board

State Historic Preservation Act (SHPA) Determination:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

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 15, 2011.

Contact:

Rebecca S Crist
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us


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