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ENB - Statewide Notices 7/5/2017

Public Notice

Notice of Proposed Rule Making (Consensus) to Repeal 6 NYCRR Part 500 and to Amend/Repeal references to 6 NYCRR Parts 750 - 758.

Pursuant to the Environmental Conservation Law Articles 17 and 36, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC has filed a Notice of Proposed Rule Making to repeal 6 NYCRR Part 500 - Floodplain Management Regulations Development Permits. The statutory authority for Part 500, which came from Environmental Conservation Law Article 36, was repealed by the Legislature in 1992. Part 500 has not been in effect since 1992 and should not appear in NYS DEC's regulations. NYS DEC is proposing to remove it from its regulations to avoid confusing the public. This rule would also amend citations to 6 NYCRR Parts 750-758 - State Pollutant Discharge Elimination System. Parts 750-758 were repealed in 2003 and consolidated into a new Part 750. However, cross-references to Parts 750-758 were inadvertently left in place in the NYS DEC's regulations and are in need of correction. This rule would amend references to Parts 750-758 to reflect the current regulation - Part 750.

This notice was published in issue 27 of the State Register on July 5, 2017. Written comments on the proposed rulemaking will be accepted until August 21, 2017. Please submit comments to Michelle Tompkins at the address below.

For further information, please contact:

Michelle Tompkins
NYS DEC - Division of Water
625 Broadway
Albany, NY 12233-3500
Phone: (518) 402-8221
E-mail: Michelle.Tompkins@dec.ny.gov


State Pollutant Discharge Elimination System (SPDES) Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity - Permit No. GP-0-17-004

The New York State Department of Environmental Conservation (NYS DEC) is making the draft renewal of the SPDES Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity (GP-0-17-004) and fact sheet available for public review.

This permit is intended to provide SPDES Permit coverage to facilities with stormwater discharges to surface waters of the State from a point source or outlet that conduct industrial activities. Under this permit, the owner or operator must develop and implement a Stormwater Pollution Prevention Plan (SWPPP) which identifies specific best management practices (BMPs) to be selected, installed, implemented and maintained at the facility to minimize the presence of pollutants in the stormwater discharges.

Copies of the draft MSGP renewal and fact sheet providing a listing of changes are available on NYS DEC's website at: http://www.dec.ny.gov/chemical/41392.html

State Environmental Quality Review Determination: The project is not subject to SEQR because it is a Type II action under 6NYCRR 617.5(c)(26). SEQR Lead Agency: None Designated.

Written comments on the draft general permit must be submitted to the contact listed below by close of business on August 4, 2017. Or by e-mail to Stormwater_info@dec.ny.gov. If submitting comments by e-mail, please include "Comments on the Draft Renewal of the 2017 MSGP" in the subject line.

Contact: Steven McCague, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505.


Data Solicitation for 2018 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to the United States Environmental Protection Agency (US EPA) by April 1, 2018. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2018 Section 303(d) List.

Background:

The water quality assessment of New York State's waters is a continuous process. Participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. The New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

Every two years, corresponding to the development of the State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the pending List, but will be incorporated into subsequent water quality assessments. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and use of this data and information may also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to be included for consideration in the compiling of the 2018 CWA Section 303(d) List, data and information must be received by September 29, 2017. It is not the intent of this cut off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to US EPA by April 1, 2018.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet, which may also be found at: http://www.dec.ny.gov/chemical/36730.html. This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non support of a waterbody absent specific (numeric) monitoring data. Worksheet information can also be obtained by contacting: Sarah Rickard, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179. Completed WI/PWL worksheets, supporting water quality monitoring data, a copy of the corresponding Quality Assurance/Quality Control (QA/QC), QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via e-mail to: 4pwlinfo@gw.dec.state.ny.us.

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2018 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing Methodology can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html.

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@gw.dec.state.ny.us.


Notice of Complete Application, Notice of Public Comment Hearing and Notice of Public Comment Period

Applicant:

Millennium Pipeline Company, LLC
One Blue Hill Plaza
P.O. Box 1565
Pearl River, NY 10965

Project:

Millennium's Eastern System Upgrade Project

DEC Application ID's:

0-9999-00055/00011 WQC
3-4834-00147/00001 ASF (Highland Compressor Station)
4-1236-00708/00004 ATV (Hancock Compressor Station)

Permit(s) Applied for:

Article 24 - Freshwater Wetlands
Article 15 - Title 5 Stream Disturbance
Section 401 - Clean Water Act - Water Quality Certification
Article 19 - Air State Facility
Article 19 - Title V Facility

Project is Located:

Multiple Towns in Delaware, Orange, Rockland, and Sullivan Counties

Project Description:

The Eastern System Upgrade Project is an approximately 7.8 mile pipeline loop with a new compressor station and a compressor station upgrade. The Project would provide approximately 223,000 dekatherms per day (Dth/d) of firm transportation service from Millennium's existing Corning Compressor Station to an interconnect with Algonquin Gas Transmission, LLC in Ramapo, New York. 91 percent of the Project capacity is subscribed under long-term, firm contracts with local distribution companies and municipalities. All of the proposed pipeline loop would be co-located along the existing Millennium Pipeline right-of-way (ROW).

The facilities proposed for the Eastern System Upgrade Project would include the following, all located in New York:

  • Approximately 7.8 miles of new, 30- and 36-inch-diameter pipeline looping along Millennium's existing mainline ROW in Orange County (Huguenot Loop);
  • A new 22,400 horsepower (hp) compressor station in Sullivan County, Highland Compressor Station;
  • An additional 22,400 hp of compression at the existing Hancock Compressor Station in Delaware County;
  • Modifications to the existing Ramapo Meter Station in Rockland County;
  • Modifications to the existing Wagoner Interconnect in Orange County;
  • Alternate interconnect to the 16-inch Valley Lateral Pipeline at MP 7.6 of the Huguenot Loop (Alternate Interconnect); and
  • Appurtenant facilities including pig launcher/receivers at MP 0.1 of the Huguenot Loop and at the Huguenot and Westtown Meter Stations in Orange County.
Water Quality Certification (WQC) Application

In accordance with CWA Section 401, applicants seeking a federal license or permit for activities that may result in a discharge to navigable waters must obtain a WQC from New York State Department of Environmental Conservation (NYS DEC) indicating that the proposed activity will comply with State water quality standards. The review and issuance of a Water Quality Certification will also include approvals pursuant to Environmental Conservation Law (ECL) Article 15, Protection of Waters and Article 24, Freshwater Wetlands. Impacts to wetlands and waterbodies proposed from the Eastern System Upgrade Project include:

  • The crossing of 14 streams, including 8 perennial streams and 6 intermittent streams. Seven of the streams have a classification of C(t) or higher (protected streams) and 7 intermittent or ephemeral streams flow into protected streams.
  • Seven stream crossings will be conducted using a horizontal directional drill (HDD) or Direct Bore (DP) method and 7 streams will be crossed using the dry crossing method (i.e., dry waterbody, dam and pump or flume). Of the 7 streams traversed by a dry crossing method, 1 of the streams is a Class C(ts) and 1 of the streams is a Class C(t). The remaining 5 streams crossed by a dry crossing method are not protected pursuant to Article 15 Protection of Waters. The access road for the Highland Compressor Station will cross one additional stream using an open-bottom box culvert.
  • The crossing of 2 NYS DEC Regulated (or eligible) Freshwater Wetlands via open-trench totaling 35 foot in length with 0.6 acres of permanent forest conversion impact located within the 50-foot ROW. There will be no permanent fill in wetlands.
Article 19 Air Pollution Control Permit Applications

Hancock Compressor Station (Existing Facility - Air Title V Permit)

A new Solar Titan 130E natural gas fired compressor turbine equipped with SoLoNOx combustion technology will be added to the existing compressor station facility. This turbine will meet the New Source Performance Standards (NSPS) emission limits for turbines found in 40 CFR 60 Subpart KKKK. The addition of the new turbine will cause the facility's potential to emit to exceed the major facility thresholds. Accordingly, the existing Air State Facility permit for the Hancock Compressor Station will be replaced with a Title V facility permit. Since the project emission potential for this modification does not exceed the major facility thresholds in Table 5 of 6 NYCRR Part 231, this project is not subject to review under 6 NYCRR Part 231. The facility is also required to comply with the NSPS leak detection and repair requirements found in 40 CFR 60 Subpart OOOOa. Ancillary emission sources that will be added to the facility include a 1,230 horsepower emergency engine, a 1.2 million BTU per hour gas heater, and a 1,500 gallon lube oil tank. These ancillary emission sources are exempt from permitting requirements as described in 6 NYCRR Subpart 201-3.

In accordance with 6NYCRR Parts 621.7(d)(9) and 201-6.3(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 NYS DEC (the "permitting authority") that are relevant to this permitting decision should contact the NYS 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.

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

Highland Compressor Station (New Facility - Air State Facility Permit)

A new Solar Titan 130E compressor turbine equipped with SoLoNOx combustion technology will be constructed at the facility. This turbine will meet the NSPS emission limits for turbines found in 40 CFR 60 Subpart KKKK. The facility is also required to comply with the NSPS leak detection and repair requirements found in 40 CFR 60 Subpart OOOOa. Ancillary emission sources that will be added to the facility include a 1,230 horsepower emergency engine, a 1.2 million BTU per hour gas heater, a 4,000 gallon natural gas liquids tank, and a 1,500 gallon lube oil tank. These ancillary emission sources are exempt from permitting requirements as described in 6 NYCRR Subpart 201-3.

Availability of Documents

Filed application documents and NYS DEC draft permits are available at: http://www.millenniumpipeline.com/eastern-system-upgrade/. They are also for inspection during normal business hours at the addresses listed below or the office of the NYS DEC contact person listed at the end of this notice. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person; and at:

Louise Adelia Read Memorial Library
104 Read Street
Hancock, NY

Sunshine Hall Free Library
14 Proctor Rd
Eldred NY 12732
Phone: (845)557-6258
**A copy will also be placed in the Town of Highland Town Hall

Deerpark Town Hall
420 Route 209
PO Box 621
Huguenot, NY 12746

Suffern Free Library
210 Lafayette Ave.
Suffern, NY 10901

National Environmental Policy Act (NEPA) Determination

Federal Energy Regulatory Commission (FERC) is the lead agency for the environmental review of interstate gas pipelines. FERC staff prepared an Environmental Assessment (EA), dated March 31, 2017 for the Eastern System Upgrade Project, Docket No. CP16-486, in accordance with the requirements of NEPA. The EA can be viewed and downloaded at: https://elibrary.ferc.gov/idmws/docket_search.asp by entering the Docket No. and the date of the EA in the search boxes.

NYS DEC relies upon the federal review process conducted by FERC pursuant to NEPA and the permit applications submitted by applicants to NYS DEC to ultimately make a determination regarding issuing its authorizations.

State Environmental Quality Review (SEQR) Determination:

This project is not subject to SEQR (federally preempted) and therefore is treated as if it was 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 activity is being reviewed in accordance with federal historic preservation laws (Section 106 of NHPA) and the project area of potential impact is substantially the same.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Statutory and Regulatory Provisions

The above referenced applications were filed and reviewed pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions, Powers, Duties and Jurisdiction), and Article 70 (Uniform Procedures Act or UPA); and pursuant to Title 6 of Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 621- Uniform Procedures. The relevant regulations are found at: Part 608 (Protection of Waters), Part 663 (Freshwater Wetlands) and Section 401 of the federal Clean Water Act (CWA) (33 USCA 1341). For the Hancock and Highland Compressor Station projects, the relevant regulations are found at: ECL Article 19 (Air Pollution Control).

The project is required to demonstrate the ability to obtain coverage under the State Pollutant Discharge Elimination System Stormwater General Permit for Construction Activities (GP-0-10-001) prior to conducting any construction activities that disturb greater than one acre.

Public Comment Hearing

Pursuant to 6 NYCRR 621.8, a public comment hearing for the receipt of public comments on the permit applications will be held on the date and location listed below. The public hearing will commence at 6:00 p.m. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to notify NYS DEC in advance to speak at the public comment hearing. Equal weight will be afforded to both oral and written statements. Lengthy statements should be in writing and summarized for oral presentation.

The presiding Administrative Law Judge (ALJ) may set reasonable time limits for each speaker to afford everyone an opportunity to be heard. The hearings are fully accessible to persons with a mobility impairment. Interpreter services will be made available to the hearing impaired at no charge upon written request to the NYS DEC contact person named below, no less than one week prior to the hearing.

The Public Comment Hearing is scheduled as follows:

Date: Thursday July 27, 2017
Time: 6:00 p.m.
Location: Monticello High School (Auditorium)
39 Breakey Avenue
Monticello, NY 12701

Public Comment

Written comments submitted to NYS DEC during this comment period and oral comments given at the Public Comment Hearing are considered part of the record. At the conclusion of the public comment period NYS DEC will determine pursuant to 6 NYCRR 621.8 whether substantive or significant issues have been raised in the public comments or public comment hearing to warrant an Adjudicatory Hearing, or whether the permits should be issued without any further review. If no issues are raised to warrant further adjudication, NYS DEC will proceed to develop a response to comments, provide public notice of the approval of the permits and issue the requested permits.

Written Comments
Individuals and parties may file written comments to the NYS DEC representative listed below. All written comments must be received by 5:00 p.m. on August 4, 2017 and may be submitted electronically at: millenniumESUproject@dec.ny.gov

All written comments must be received by no later than 5:00 p.m. on August 4, 2017.

Contact: Karen Gaidasz, NYSDEC - Division of Environmental Permits, Major Projects Management, 625 Broadway, 4th Floor, Albany, NY 12233-1750, Phone: (518) 402-9153, Fax: (518) 402-9168.

For more information on this project, please visit the NYS DEC's webpage at: http://www.dec.ny.gov/permits/110557.html.



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