Public Notice

Voluntary Cleanup Agreement
Notice of Availability for Comment

Name of Volunteer: New York City Department of Business Services (DBS).

Site Name and No.: Hunts Point Food Distribution Center Site A, Operable Unit 1 (OU-1), Site No. V00233-2

Project Location: OU-1 is located in the northwestern portion of the Hunts Point Cooperative Market in the Borough and County of the Bronx. OU-1 is rectangular in shape and covers approximately 7 acres. It is bounded on the north by Viele Avenue, on the south by Food Center Drive, on the west by Halleck Street, and on the east by buildings in the Hunts Point Cooperative Market.

Project Description: The Response Plan and proposed redevelopment of the site includes general grading of the site and importation of fill material to bring the site up to final grade. Following completion of grading, the property is proposed to be covered with asphalt and used as a parking area for a new building on the site adjacent to the east. Several areas within the parking lot area will be used for grassy medians and dividers.

Comment Period: The Voluntary Cleanup Agreement and Response Plan are available for review at the locations identified below. A 30-day public comment period on the Response Plan will begin on July 12, 2000 and end on August 11, 2000. Written comments expressing objection or opposition to the Response Plan must explain the basis of that opposition and identify specific grounds that could justify the Department's imposing significant changes to the Response Plan. No formal response is made to comments received, but, as a result of comments, the Department may re-evaluate and revise the Response Plan.

Contact Person: Ronnie Lee, P.E., NYS DEC, Division of Environmental Remediation, 50 Wolf Road, Albany, NY 12233-7010.

The Response Plan is available at: the above office; the New York City Economic Development Corporation, 110 William Street, New York, NY 10038 Contact Person: Kay Zias; and the Department's Region 2 Office located at 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101 Contact Person: Jennifer Kann.

Public Notice of the Granting of a Variance to Exclude a Waste Pursuant to 6NYCRR Part 370

The Commissioner of the New York State Department of Environmental Conservation (DEC) received a petition from Per Scholas, Inc. (PSI) of Bronx County, New York City to exclude cathode ray tube (CRT) glass from the definition of solid waste under the variance provisions of 6NYCRR 370.3(a),(d)(1)(iii), and (e)(3). These provisions allow hazardous wastes that have been reclaimed, but which must be reclaimed further before becoming a commodity, to be granted a variance from classification as a solid/hazardous waste, if those partially reclaimed materials are commodity-like, even though they must be reclaimed further and are not yet a commercial product.

PSI is an existing not-for-profit organization operating in the South Bronx Empowerment Zone in New York City. PSI's primary mission is to provide new and reconditioned computers to schools and other nonprofit organizations at the lowest possible price. PSI also operates a computer technician training program for socially disadvantaged students. PSI is moving to a new location at 890 Garrison Avenue (mailing address: 1231 Lafayette Avenue), South Bronx. At the new location, PSI will also operate a dismantling and recycling operation for nonreusable computer equipment. One of the materials that the dismantling/recycling operation will produce is crushed CRT glass. Without the variance, the CRT glass would be subject to regulation as a hazardous waste because of lead content.

PSI's crushed CRT glass would be shipped to a primary lead smelter located in Canada. The glass will directly substitute for two normal raw materials; namely lead ore concentrate (obtained from the processing of lead ores, mined from the earth) and silica, a fluxing agent used in the smelter. The glass will require no further processing or other preparation before it is consumed by the receiving facility in the production of refined lead metal.

A Notice of Intent to Grant a Variance was published by DEC in the Environmental Notice Bulletin (ENB) on April 26, 2000. Public notices were also published or broadcast by PSI on May 3, 2000 in the New York Daily News, May 17, 2000 in El Diario (Spanish), May 5, 2000 on WADO/AM Radio (Spanish), and May 15-17, 2000 on WOR/AM Radio. Each noticed commenced a 30-day public comment period. The overall comment period expired on June 19, 2000, as determined by the last notice given.

No public comments were received. After a thorough analysis of this variance provision, the Commissioner has made a final determination to grant the variance. This determination is based on the belief that the crushed CRT glass is already more like a commodity than a waste because of the high recoverable lead content and the ability of the receiving facility to use the crushed glass as a substitute fluxing agent in its smelting furnace.

With regard to the State Environmental Quality Review process, DEC has determined that this is a unlisted action and has prepared a Negative Declaration as Notice of Determination of Non-significance, pursuant to 6NYCRR Part 617.

The Commissioner herein gives this public notice of the final decision as required by 6NYCRR 370.3(a)(5). The variance will become effective on the date this final notice appears in the ENB.

Any questions concerning this variance may be directed to:

Bureau of Hazardous Waste Management
New York State Department of Environmental Conservation
50 Wolf Road
Albany, NY 12233-7251
(518) 485-8988