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ENB - Region 3 Notices 2/15/2017

Notice of Complete Application, Notice of Availability of Draft 6NYCRR Part 373 Permit, Notice of Public Meeting, Notice of Public Statement Hearing and Notice of Public Comment Period


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 (NYS DEC) has reviewed the 6NYCRR Part 373 Hazardous Waste Management Permit renewal application submitted by Revere Smelting & Refining Corporation (RSR) and Eco-Bat New York, L.L.C. (RSR/Eco-Bat) for its facility located at 65 Ballard Road, Middletown, NY. The NYS DEC 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. NYS DEC 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 and Public Availability Session:

Pursuant to 6 NYCRR Part 621 the NYS DEC 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 p.m.

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 NYS DEC - office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, NY 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.

In addition, the NYS DEC will conduct a public meeting immediately prior to the start of the public statement hearing on March 29, 2017 from 4:00 p.m. to 6:00 p.m. at the same location. The purpose of this public meeting will be for NYS DEC 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], NYS DEC 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 NYS DEC. Enforcement actions are exempt from SEQR.

Document Availability:

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

Electronic copies of RSR's/Eco-Bat's application and other RSR/Eco-Bat documents are available through NYS DEC by contacting Matt Mortefolio at (518) 402-9814. Electronic copies of the NYSDEC Fact Sheet and part of the draft permit are available through NYS DEC's website

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: Daniel Whitehead, Regional Permit Administrator, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, NY 12561, or by E-mail to All comments must be submitted no later than April 17, 2017 to be considered. Equal weight is given to oral and written comments.

Contact: Daniel Whitehead, NYS DEC - Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561, E-mail:

Positive Declaration and Public Scoping

Westchester County - The City of White Plains, as lead agency, has determined that the proposed 52 North Broadway Rezoning and Development may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. Written comments on the draft scope will be accepted until 5:00 p.m. March 13, 2017. A public scoping session will be held on March 2, 2017, at 7:30 p.m. at the City of White Plains City Hall, 255 Main Street, White Plains, NY. The action involves a petition by WP Development NB, LLC to rezone the 16 acre site at 52 North Broadway from RM-1.5 District to create a new "Planned Residential Development District" to facilitate a mixed-use redevelopment including 400 units of market rate housing in two 10 story buildings, a 90-95 unit Assisted Living and Memory Care Facility, an academic housing building for approximately 120 individuals in 70 suites and approximately 657 parking spaces located within a parking structure and other at-grade parking lots. The site contains the Good Counsel Complex and the Mapleton House, both listed on the State and National Register of Historic Places. The project is located at 52 North Broadway in the City of White Plains, New York, between Lake Street and Crane Avenue and with additional street frontage on Ross Street.

Contact: Rod Johnson, City of White Plains, 70 Church Street, White Plains, NY 10601, Phone: (914) 422-1300, E-mail:

Notice of Acceptance of Final GEIS

Orange County - The Town of Goshen Planning Board, as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Amy's Kitchen and Science of the Soul Building Construction. The Final GEIS is available from the from the contact listed below and on line at:

The action involves a proposal by Amy's kitchen to construct an approximately 369,000 square foot food manufacturing facility on an approximately 60.1 acre site. Science of the Soul (SOS) also plans to construct a conference center with a 200,000 square foot open air pavilion, an 80,000 square foot multi-purpose building, 38,000 square foot central building and an assortment of smaller buildings. The project is located north of NYS Route 17M in the Town of Goshen, New York.

Contact: Donald Palmer, New York State Office of General Services, Erastus Corning Tower, 26th Floor Empire State Plaza, Albany, NY 12242, Phone: (518) 474-2195, E-mail:

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