Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 02/18/2004

Orange County

Applicant: Genpak LLC
Republic Plaza
Middletown, NY 10940
Facility: Genpak LLC Middletown Main Plant
Republic Plaza
Middletown, NY 10940
Application ID: 3-3309-00064/00013
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Middletown, Orange County
Project Description:
    Genpak Corporation is an existing manufacturer of foamed polystyrene food trays and containers located in the City of Middletown, Orange County, New York.  Polystyrene pellets are extruded where a nuclient and a blowing agent (isopentane) are added to produce an expanded polystyrene foam sheet.  The expanded polystyrene foam sheets are thermoformed and cut to produce the final product.  The facility's potential air emissions for volatile organic compounds exceed major stationary source thresholds listed in 6NYCRR Subpart 201-6.  Therefore, the facility is subject to the provisions of Title V permitting.  The Standard Industrial Classification for this facility is 3086-Plastic Foam Products.
    This modification includes a reduction of the thermal oxidizer operating temperature from greater than 1400F to greater than 1300F.  During a scheduled routine maintenance, the thermal oxidizer burner assembly was reconfigured.  A preliminary  performance test was conducted November 21, 2003 indicating a Volatile Organic Compound destruction efficiency of greater than 98% operating at 1300F. This permit revision reflects this operational change with a requirement to conduct formal stack testing within 180 days of issuing the modified permit.
    The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Applicant’s facility.
    By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.
    In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (EPA)  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 DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below.  It is recommended that an appointment be made to confirm the availability of the subject files.  The DEC will endeavor to make the files available within two (2) business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requester wishes to inspect the files at a later date.
    DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing.  A public hearing may be legislative or adjudicatory.  A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  DEC’s determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists.   If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments.   The applicant and all persons who  have filed comments on the permit will be notified by mail of the public hearing.  Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.
    An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist.  A copy of the Department’s permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.


State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is 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 permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Mar 19 2004.
Contact: Robert J Stanton
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
rjstanto@gw.dec.state.ny.us

Applicant: Nirvana Lake Association
PO Box 186
Westtown, NY 10998 -0186
Facility: Lake Nirvana Weed Control
Rt 284 & Orange County Rt 1
Westtown (MINISINK), NY
Application ID: 3-3338-00016/00003
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Minisink, Orange County
Project Description:
The applicant proposes to apply the herbicide Avast (active ingredient: fluridone) and the algaecide copper sulfate to Lake Nirvana, situated within State-designated Freshwater Wetland UN-13 (Class III).  The site is located on the northeast side of County Route 1, just east of the intersection with NYS Route 284.  The herbicide applications would be made to just under 10 acres of the lake to control nuisance growth of coontail, curly-leaf pondweed, duckweed, and algae.  The lake has been treated since 1991 under permits from the Department.
State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
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:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Mar 5 2004.
Contact: Scott E Sheeley
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
sesheele@gw.dec.state.ny.us

Putnam County

Applicant: NYC Dept of Environmental Protection
96-05 Horace Harding Expressway
Flushing, NY 11368
Facility: Shaft 9 Delaware Aqueduct
Northwest Side of West Branch Reservoir
Kent, NY
Application ID: 3-3722-00174/00002
Permit(s) Applied for: Article 15 Title 5 Excavation & Fill in Navigable Waters
Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Kent, Putnam County
Project Description:
The Department has made a tentative determination to approve this application for a new SPDES permit for an existing surface discharge from an outfall (No. 001) with a maximum daily flow of 890 million gallons per day (MGD) at Shaft 9 of the Delaware Aqueduct located near the northern terminus of the West Branch Reservoir, Class AA(t). Outfall No. 001 currently reflects the routine transfer of approximately 890 MGD of drinking water from Rondout Reservoir to the West Branch Reservoir as part of on-going drinking water supply operations for the City of New York. Outfall No. 001 is also the proposed injection point for sodium bisulfite, a dechlorinating agent, should water conveyed via Shaft 9 be chlorinated at a point upstream for water quality purposes. Dechlorination treatments would occur infrequently on an as-needed basis. The project involves the construction of new chemical supply facilities, drainage improvements, access road reconstruction and construction of rip-rap embankment protection at the existing Shaft 9 facility.  The project is located northeast of the intersection of Dixon Road and Lockwood Lane in the Town of Kent, Putnam County. A draft permit is available for inspection and comment at the regional office.
State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.
SEQR Lead Agency:
NYC Dept of Environmental Protection
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Mar 19 2004.
Contact: R Scott Ballard
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
rsballar@gw.dec.state.ny.us

Rockland County

Applicant: Avon Products Inc
1345 Avenue of the Americas
New York, NY 10105
Facility: Avon Products
Avon Place|
Suffern, NY 10901
Application ID: 3-3926-00184/00047
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Ramapo, Rockland County
Project Description:

       The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and has made a tentative determination to approve an application by Avon Products, Inc., for a State Facility Air Permit, with a federally enforceable cap on emission of Oxides of Nitrogen (NOx).  Avon submitted this permit application for a proposed new Research & Development (R&D) facility to be constructed in the parking lot of their existing Suffering manufacturing facility, which it would replace, located in the Village of Suffern, Town of Ramapo, Rockland County, NY.  


       The State Facility Air Permit would be for two boilers in the proposed R&D facility to provide steam for the building's heating, ventilation and air-conditioning (HVAC) systems.  These boilers are rated at 25.1 million BTU/hour each and are expected to be fired by natural gas, with the capability to use #2 Fuel Oil as a backup.  Avon is requesting this NOx cap on the potential-to-emit (PTE) emissions, which would keep the facility's emissions below the Title V threshold of 25 tons per year (TPY).  

       The permit application and a paper copy of the draft air permit is available for inspection in the Department's New Paltz office.  Please call or write to the Contact Person listed at the end of this Notice to schedule an appointment.  The Department will try to make the files available within two (2) business days of contact, during the hours of 9:00 AM to 4:00 PM.
State Environmental Quality Review (SEQR) Determination:
Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.
SEQR Lead Agency:
Suffern Village Planning Board
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Mar 19 2004.
Contact: Michael D Merriman
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mdmerrim@gw.dec.state.ny.us

Ulster County

Applicant: NYC Dept of Environmental Protection
96-05 Horace Harding Expressway
Flushing, NY 11368
Facility: Shandaken Tunnel Outlet
7148 NYS Rte 28
Shandaken, NY 12480
Application ID: 3-5150-00420/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Shandaken, Ulster County
Project Description:
    The Department has made a tentative determination to issue a State Pollutant Discharge Elimination System (SPDES) permit under Article 17 of the Environmental Conservation Law to the NYC Department  of Environmental Protection (NYCDEP) for the existing discharge of untreated surface waters from the Shandaken Tunnel to the Esopus Creek.  This discharge has been in operation since 1924.  The Shandaken Tunnel transports untreated water from the Schoharie Reservoir to the Esopus Creek.  The daily mean average discharge from the tunnel is about 220 million gallons per day (MGD). Twenty percent of the City’s “safe yield” water supply is obtained from the Schoharie Reservoir.
    The permit contains final, seasonal action levels for turbidity and a rolling, 12-month average action level for phosphorus.  In addition, there is a schedule of compliance for projects whose intent is to reduce the overall turbidity of water entering the intake portal at the Schoharie Reservoir.
    The NYCDEP has submitted information to the Department regarding its proposal for demonstrating compliance with the Department’’s established Total Maximum Daily Load (TMDL) allocations for phosphorus in the watersheds tributary to New York City’s Ashokan reservoir. Information regarding the established TMDL is available on the DEC web site at:  http://www.dec.ny.us/website/dow/nycjune2000.pdf.  Based upon the submitted information, Department staff have proposed a second revision to the established TMDL. (The first is for the Crossroads development and may be seen at www.dec.state.ny.us/website/enb/index.html.)  The notice related to this second revision is available in the Department’’s Environmental Notice Bulletin (ENB) on the DEC web site at: www.dec.state.ny.us/website/enb2004/20040218/not3.html to TMDL public notice>.
    This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought.  
    The discharge is located on the north side of State Route 28 about 1100 feet west of Broadstreet Hollow Road and 1.5 miles east of State Route 42.
    Copies of the proposed permit and fact sheet may be obtained from the contact person.
    Refer to this application by application number listed above and SPDES number, NY 026 8151.

State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is 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 permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Mar 19 2004.
Contact: Thomas D Engel
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
tdengel@gw.dec.state.ny.us

Westchester County

Applicant: Town of North Castle
15 Bedford Rd
Armonk, NY 10504 -1802
Facility: Ibm Town Park
Business Park Dr
Armonk, NY 10504
Application ID: 3-5538-00103/00003
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: North Castle, Westchester County
Project Description:
Applicant proposes to renovate and improve the Town park by replacing the existing tennis courts with new tennis facilities and possibly installing new lighting fixtures for the ball fields within the 100 foot Adjacent Area of Freshwater Wetland G-1.  The proposed area of disturbance in the adjacent area will be less than 0.2 acres for these improvements.  

This project is located on the south side of NYS Route 22 and the west side of Business Park Drive approximately 2,500 feet west of the intersection with Interstate Route 654.      



State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.
SEQR Lead Agency:
NYS Department of Environmental Conservation
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Mar 19 2004.
Contact: Ann M Brooks
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054

Region 3 SEQR and Other Notices Region 3 SPDES Renewals