Department of Environmental Conservation

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Port Authority of New York & New Jersey

May 2, 2007




DEC PROJECT NO. 2-6308-00019/00016
Permit No. NY 000 8109

PERMITTEE: THE PORT AUTHORITY OF NEW YORK and NEW JERSEY, Law Department, 225 Park Avenue South, 13th Floor, New York, NY 10003. [Contact: Kathleen Miller, Esq. Tel: (212) 435-3434]

PERMIT: Environmental Benefit Permit Strategy (EBPS) Modification of State Pollution Discharge Elimination System (SPDES)permit - Article 17, Titles 7 & 8, Environmental Conservation Law (ECL).

FACILITY: The permittee, The Port Authority of New York and New Jersey (the Port Authority), is the operator of the John F. Kennedy International Airport (JFK) located in Queens, New York. During the winter, the Port Authority uses deicing chemicals and anti-icing agents to address snow and ice buildup on airport runways and taxiways. The airlines use either ethylene glycol or propylene glycol based deicing agents for aircraft.

Once these materials are used, they flow to and through the stormwater collection systems and are discharged into Jamaica Bay, Class SB (saline, Class B), Bergen Basin, Thurston Bay, Head of Bay, and an unnamed tidal basin (Class I). In addition, other wastewaters are discharged to these waters from on-site treatment facilities, including but not limited to the Bulk and Satellite Fuel Farms, the KIAC energy generation facility, and a number of groundwater and soil remediation sites overseen by the New York State Department of Environmental Conservation (DEC or Department) Division of Environmental Remediation. To address any potential impacts of these discharges, the Department has proposed to modify the existing SPDES permit.

HISTORY: The Department issued a SPDES permit to JFK in 1987 and modified the permit in 1993 and 1994, and administratively renewed this permit three times - in 1996, 2001, and 2006.

As a result of the EBPS review, the Department determined that the permit needed to be modified and issued a notice of complete application on June 2, 2006. The draft modified permit was made available for public comment. In response to the draft permit, The Port Authority, as well as the Natural Resources Defense Council (NRDC) and a number of other organizations and individuals, submitted comments requesting changes to some of the proposed modifications. Thereafter, Department staff drafted a response to comments as well as a revised draft SPDES permit modification, both dated October 12, 2006.

PROPOSED MODIFICATIONS: Compared to the existing permit this draft is intended to replace, the following significant changes are proposed:

1. Incorporate monitoring requirements for CBOD5 and glycol. In addition, a requirement to perform modeling studies with associated reports, quarterly status reports/meetings, deicing summary reports, and adoption of best management practices. This data and information is being required in order to facilitate the development, if and where necessary, of effluent limits for each of the JFK outfalls.

2. Use outfalls 004, 006, 010, 015, and 022 as representative outfalls. These outfalls contain discharges from all the types of operations at the airport and represent discharges to all receiving waters surrounding the airport.

3. Eliminate outfalls 10A, 10B, 10C, 10D, 018, and 025 (these have been discontinued and capped). Eliminate outfalls 001 and 024 (these are New York City outfalls).

4. Add outfalls 004A, 004B, 005A, 005B, 017A, and 017B.

5. Add effluent limits for benzene, toluene, ethylbenzene, and xylenes at outfall 004.

6. Add effluent limit for methyl tertiary butyl ether (MTBE) at outfall 004.

7. Add monitoring requirements for nitrogen at outfalls 004, 006, 010, 015, and 022.

8. Add monitoring requirements for chromium, copper, nickel, zinc, and free available chlorine at outfall 010.

9. Add effluent limit for total suspended solids at outfalls KP1, KP2, KP3, KP4 and KP5.

10. Change action levels for nickel to effluent limits at outfalls KP4 and KP5.

11. Reduce effluent limits for copper at outfalls KP4 and KP5.

12. Add effluent limits for total suspended solids, pH, and oil and grease at outfalls 006, 010, 015, and 022.

13. Add effluent limit for temperature at outfall 010.

14. Incorporate the Department's current standard Best Management Practices into the permit.

Requests for Hearing

As a result of the comments received by the Department from The Port Authority, NRDC and other groups, Department staff determined a public hearing was appropriate.

TENTATIVE DETERMINATIONS: The Department Staff has tentatively determined to issue the revised proposed modified permit in accordance with New York State's EBPS.

SEQR STATUS: The Department, as lead agency for the State Environmental Quality Review Act (SEQRA) review of this action, determined that the action was unlisted and that it would have no significant adverse impact on surface or ground water quality or quantity.

Accordingly, the Department prepared a negative declaration, dated June 1, 2006. This document is available for review (see "Document Availability," below). The proposed permit modifications were the subject of public notice and comment on June 2, 2006.

STATE HISTORIC PRESERVATION ACT (SHPA): 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: The subject of this permit is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act and New York City's Local Waterfront Revitalization Program pursuant to § 600.4(c) of Title 19 of the New York Compilation of Codes, Rules and Regulations (19 NYCRR).

PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the proposed permit modifications are invited to comment on the applications. A legislative hearing on the proposed modified permit conditions will be held to receive unsworn statements from the public at Kingsborough Community College, 2001 Oriental Boulevard, College Center - Building U, Room U219-220, Brooklyn, NY on June 4, 2007 at 7:00 P.M. For directions to KBCC, please go to All persons, organizations, corporations or government agencies which may be affected by the proposed draft permit modification are invited to attend the hearing and to submit oral or written comments on the proposed modified permits. Equal weight will be given to both oral and written statements. Please note that it is not necessary to file a written request in advance to speak at the legislative hearing. Written statements regarding the application may also be filed with the Department's Office of Hearings and Mediation Services at the address indicated below either before or during the hearing. The hearing will be conducted pursuant to Part 624 of 6 NYCRR (Permit Hearing Procedures).

The hearing location is reasonably accessible to persons with mobility impairment. Pursuant to State Administrative Procedures Act (SAPA) § 202(1), interpreter services shall be made available to deaf persons at no charge, upon written request to the Administrative Law Judge identified below at least five (5) business days prior to the date of the legislative hearing session.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held at the NYSDEC Region 2 Annex located at 11-15 47th Avenue, Long Island City, NY on June 5, 2007 at 10:00 A.M., AND WILL CONTINUE ON SUCCESSIVE DAYS AS NECESSARY. Participation at this conference is limited to The Port Authority, Department staff, and to any individual or group that has filed a petition for party status. The purpose of the issues conference is to define, narrow and if possible, resolve proposed adjudicable issues which are raised by the permittee or petitioners concerning the Department Staff's proposed permit modifications and to determine party status for any person who has properly filed a petition. See, 6 NYCRR § 624.4(c)(8). ANY PERSONS REQUESTING PARTY STATUS MUST APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL PROPOSED ISSUES MAY BE FULLY DISCUSSED. ONLY PROPOSED ADJUDICABLE ISSUES RELATED TO PROPOSED PERMIT MODIFICATIONS WILL BE CONSIDERED. If all disputes among the issues conference participants are resolved and/or all objections and/or requests for an adjudicatory hearing are withdrawn or otherwise resolved, the issues conference may be canceled.

FILING FOR PARTY STATUS AND AMICUS STATUS: Persons seeking to participate at the issues conference and at any subsequent adjudicatory hearing must file a written statement requesting party status, pursuant to 6 NYCRR § 624.5. PLEASE NOTE THAT MERE OPPOSITION TO THE PROJECT IS NOT A SUFFICIENT BASIS TO BE GRANTED PARTY STATUS.

ALL FILINGS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED BY THE OFFICE OF HEARINGS AND MEDIATION SERVICES AT THE FOLLOWING ADDRESS BY 3:00 P.M. ON May 22, 2007: HELENE G. GOLDBERGER, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES, 625 BROADWAY, ALBANY, NEW YORK 12233-1550; TELEPHONE (518) 402-9003. All persons filing for party status also must deliver a copy of their filing to Gail Hintz, Assistant Regional Attorney, New York State Department of Environmental Conservation, Region 2, 47-40 21st Street, Long Island City, New York 11101 and Kathleen Miller, Esq., The Port Authority of New York and New Jersey, Law Department, 225 Park Avenue South, 13th Floor, New York, New York 10003 by May 22, 2007. Petitions sent by facsimile transmission will not be accepted.

DOCUMENT AVAILABILITY: All filed permit modification documents, including proposed modified permits and fact sheets, are available for inspection at the following locations:

1. The New York State Department of Environmental Conservation, Region 2 Headquarters, One Hunters Point Plaza, 47-40 21st Street, Long Island City, New York 11101-5401 [Contact: Steve Watts, 718-482-4997];

2. The New York State Department of Environmental Conservation, Office of Hearings and Mediation Services at the address indicated above [Contact: Deborah Vachon, 518-402-9003];

3. Office of the Queens Borough President, 120-55 Queens Boulevard, Kew Gardens, NY 11424, (718) 286-3000;

4. Office of the Brooklyn Borough President, 209 Joralemon St., Brooklyn, NY 11201, (718) 802-3700.

STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (Environmental Quality Review); Article 17 (Water Pollution Control); Article 70 (Uniform Procedures); 6 NYCRR Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures);Part 624 (Permit Hearing Procedures); and Part 750 (State Pollutant Discharge Elimination System).

All persons having an interest in this Project are urged to attend the hearing or be represented either individually or collectively.

Albany, New York James T. McClymonds
April 20, 2007 Chief Administrative Law Judge

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