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6NYCRR Part 40 Notice of Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 11-0303, 13-0105, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-d,13-0340-e, 13-0340-f, and 13-0347 the Department of Environmental Conservation hereby gives notice of the following:

Notice of proposed rule making for 6NYCRR Part 40 relating to marine and estuarine finfish. The proposed rule making notice will be published in issue 11 of the State Register, dated 03/19/2003.

For further information contact:
Alice Weber
Bureau of Marine Resources
205 N. Bellemeade Rd
East Setauket, NY 11733
Telephone: (631) 444-0435
E-mail: amweber@gw.dec.state.ny.us

Notice Of Receipt Of Application

The New York State Department of Environmental Conservation (DEC) has received a Solid Waste Management (6 NYCRR Part 360) application for the following facilities in Queens County. A permit decision regarding these applications may be made in approximately thirty days.

DEC No. 2-6302-00259-00001
Tully Environmental, Inc. at 127-20 34th Avenue, Flushing Capacity: 900 tons per day (TPD) putrescible solid waste (PSW), 50 TPD construction and demolition debris (C&D), and 50 TPD sewage grit and screenings

Proposed Action: Increase capacity to 1375 TPD PSW, 75 TPD C&D, and 50 TPD sewage grit and screenings. The proposal includes the addition of a truck scale and the elimination of a screener. Under the proposal, daily truck traffic would increase by 66 trucks per day, and hourly truck traffic would increase by a maximum of 5 trucks per hour. The proposal includes no increase in on-street queuing.

DEC No. 2-6307-00108/00001
American Recycling Management, LLC at 172-33 Douglas Avenue, Jamaica Capacity: 400 TPD PSW and 1,000 CYD C&D Proposed Action: Renewal with no increase in facility capacity, but with site reconfiguration including the addition of a baler.

DEC No. 2-6304-00021/00001
New Style Recycling Corp. at 49-10 Grand Avenue, Maspeth Capacity: 450 CYD C&D and 50 TPD PSW Proposed Action: Renewal with no increase in facility capacity.

Contact: Jeffrey Rabkin, New York State Department Of Environmental Conservation, Division of Environmental Permits, Region 2 Office, 47-40 21st Street, Long Island City NY 11101, phone: (718) 482-4997, fax: (718) 482-4975.

Voluntary Cleanup Agreement

Notice of Availability for Comment

Name of Volunteer: Consolidated Edison Company of New York, Inc. ("Con Edison") and Iroquois Gas Transmission System ("Iroquois").

Site Name and No.: Con Edison Hunts Point Gas Compressor Station, Site No. V00605-2 Index #: A2-0467-0902

Project Location: The site is located near the intersection of Halleck Street, East Bay Avenue and Hunts Point Avenue at 332 Old Hunts Avenue in the Borough and County of the Bronx, in the City of New York and designated as Block 2781, Lot 400 on the Tax Map of the City of New York, Bronx County.

Project Description: Con Edison and Iroquois have agreed to construct, own, operate, and maintain a new metering and regulating station on the property for the purposes of metering, heating, and regulating the flow of natural gas. The new facilities to be installed at the site include five new buildings and various underground pipelines. Portions of the site where construction activities are planned contain impacted soils that are related to historical manufactured gas plant (MGP) operations on or near the property. Con Edison and Iroquois have entered into a Voluntary Cleanup Agreement with the DEC to address impacted areas of the site prior to construction of the new station. The planned remedial activities are described in the Remedial Action Selection Report/Remedial Action Work Plan (RASR/RAWP) which is now available for public review.

The Hunts Point natural gas compressor/regulating station site is an operating gas regulation and compression station. It encompasses approximately 2.7 acres and consists of four small buildings and above-ground natural gas piping and regulating equipment. It is surrounded by a chain-link fence, with access through a security gate located on Halleck Street. The site is bordered by the City of New Yorkís Hunts Point Food Distribution Center. Between 1924 and the early 1960's, the site was part of the grounds of Con Edisonís former MGP facility, the Hunts Point Gas Works.

MGPs were operated between the 1800s and mid-1900s, before the development of natural gas systems. Byproducts of this production process included tar and purifier wastes. Tar is a dark, viscous fluid with a distinctive acrid odor. The substances of concern in tar can be divided into two categories: BTEX compounds and polycyclic aromatic hydrocarbons (PAHs). BTEX compounds are benzene, toluene, ethylbenzene and xylene. These are volatile hydrocarbons found in most petroleum products such as gasoline. PAHs are made up of several semi-volatile compounds. These compounds are also found in many petroleum products, such as asphalt. Purifier wastes are materials formed during removal of other unwanted chemicals from the gas before it was sent out to customers.

The constituents of concern present at the site include primarily PAHs. Volatile organic compounds (VOCs), polychlorinated biphenyls (PCBs), and metals are also present to a lesser degree. The major components of the proposed remedial action to be implemented at the site include excavation and off-site treatment/disposal of approximately 1,600 cubic yards of impacted soil, collection of post-excavation samples, capping the eastern portion of the site with more than one (1) foot of clean soil, and placing gravel on the western portion of the site to maintain a minimum of six (6) inches of surface cover. Excavated soil is anticipated to be direct-loaded onto truck trailers and transported off-site for disposal. Approximately 10 to 15 trucks per day may be traveling to and from the site. Real-time monitoring for VOCs and particulates (i.e. dust) at the downwind perimeter of each designated work area will be conducted to ensure there is no public exposure to airborne contaminants.

The purpose of the site remediation is to ensure protection of human health and the environment for the intended site use as an industrial/commercial facility.

Comment Period: The Voluntary Cleanup Agreement and Remedial Action Work Plan are available for review at the locations identified below. Written comments on this action must be received within 30 days of this Notice. Written comments expressing objection or opposition to the project must explain the basis of that opposition and identify specific grounds which justify the Departmentís imposing significant changes to the work plan. No formal response is made to comments received, but, as a result of comments, the Department may re-evaluate and revise the work plan.

The Remedial Action Work Plan is available at: the above office; Consolidated Edison Company of New York, Inc., 31-01 20th Avenue, Long Island City, New York 11005-2048, Phone: (718) 204-4205 (Yelena Skorobogatov); the Department's Region 2 Office located at 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Phone: (718) 482-4973 (Jane O'Connell); the Office of the Borough President (Adolfo Carrion Jr.) 851 Grand Concourse, Bronx, New York 10451 Phone: (718-590-3500); and the New York Public Library, Hunt's Point Branch, 877 Southern Boulevard, Bronx, New York 10459, Hours of Operation: Monday 12-7, Tuesday 10-6, Wednesday 1-6, Thursday 10-6, Friday 1-6, Saturday 10-5, Phone: (718) 617-0338.

Contact Person: Ronnie Lee, P.E., NYS DEC, Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, New York 12233-7015, Phone: (518) 402-9622.

Negative Declaration

New York City (Bronx) County - The NYC Department of Planning, as lead agency, has determined that the proposed Morrisania Area Rezoning will not have a significant adverse environmental impact. The action involves an amendment to the City zoning map to rezone a thirteen block area in the Morrisania section of Community District 3 in the Bronx. Two zoning map amendments are proposed: Area 1, generally located between East 168th Street to the north, East 163rd Street to the south, Washington Avenue to the west, and Third Avenue to the east, is proposed to be changed from an M1-1 district to an MX (R7-2/M1-1) mixed-use district. Area 2, which includes the eastern portion of Block 2368 along Third Avenue from East 164th Street to the north to East 163rd Street to the south, is proposed to be changed from an R6/C2-4 district to an MX (R7-2/M1-1) mixed-use district. A text amendment to Section 123-90 of the Zoning Resolution is proposed to create a new Special Mixed Use District in Morrisania.

The area contains a mixture of manufacturing, residential, commercial, and community facility uses interspersed among various assemblages of vacant and city-owned property. The proposed MX (R7-2/M1-1) mixed-use district would bring existing residential uses into conformance, continue to permit commercial and manufacturing uses, and allow new residential development and community facility uses. The proposed rezoning could induce the development of approximately 321 new residential units and an additional 2,296 square feet of commercial space on selected parcels within the proposed rezoning area.

The proposed rezoning includes the placement of (E) designations for hazardous materials on the amended zoning map to denote certain sites where testing and, if necessary, remediation measures would be required prior to development to eliminate the potential for hazardous materials impacts.

Contact: Brad Kieves, New York City, Department of City Planning, E-mail: bkieves@planning.nyc.gov