ENB - REGION 2 NOTICES

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Public Notice

Region 2 - New York City

NOTICE OF AVAILABILITY FOR PUBLIC COMMENT: ADMINISTRATIVE CONSENT (ACO) ORDER FOR IMPLEMENTATION OF THE COMBINED SEWER OVERFLOW ABATEMENT PROGRAM IN NYC

The New York State Department of Environmental Conservation (DEC), the City of New York, and the New York City Department of Environmental Protection (NYCDEP) propose to enter into an administrative consent order ("2004 ACO") governing the implementation of the Combined Sewer Overflow (CSO) Abatement Program by NYCDEP. CSOs are discharges of untreated domestic sewage and industrial wastewaters, combined with stormwater, that occur when wet weather flows are in excess of the capacity of combined sewer systems and/or the Publicly Owned Treatment Works they serve.

DEC, the City of New York and NYCDEP propose to enter into the 2004 ACO in the context of resolving ongoing NYCDEP violations of an existing administrative consent order which is more completely described below. Further, the settling parties maintain that the content of the 2004 ACO resolves points raised by proposed intervening parties in the ongoing adjudicatory hearing concerning NYCDEP's State Pollutant Discharge Elimination System ("SPDES") permits. In the Matter of Modification of the Fourteen SPDES Permits Pursuant to Article 17 and 6 NYCRR PARTS 621, 624 and 750 et seq., for the City of New York's 14 Publicly Owned Sewage Treatment Plants Operated by the City of New York Department of Environmental Protection, Ruling on Proposed Adjudicable Issues, Petitions for Party Status, and Ruling for Motion for Stay (136KB), 2004 WL 228522 (N.Y. Dept. Env. Conserv. Jan. 28, 2004).

NYCDEP discharges untreated sewage and stormwater runoff from approximately 460 CSO outfalls during wet weather events. These discharges cause serious water quality standard violations in confined embayments, and have a significant impact on the overall quality of the City's waters. DEC's Priority Water Bodies List (PWL) states that CSOs are one of the leading causes of water quality problems in and around the City. The PWL documents CSO impacts on 24 separate water bodies in the City's estuary which are listed on the State's 303(d) list of impaired waters, totaling 85,000 acres.

As a result of a violations of the 1988 SPDES permits and to settle issues brought about by parties in the 1989 adjudicatory hearing regarding these SPDES permits, DEC and NYCDEP entered into the original ACO in 1992 ("1992 ACO"). The 1992 ACO requires NYCDEP to develop and implement a CSO abatement program to eliminate the contravention of water quality standards attributable to CSOs. The 1992 ACO contains compliance schedules for the planning, design and construction of the numerous CSO projects in eight CSO drainage areas.

To date, NYCDEP has failed to meet numerous 1992 ACO milestones. The 2004 ACO addresses these violations by requiring the following: compliance schedules with enforceable milestones based on current projects; payable penalties of $2 million plus an additional $1.5 million to fund projects that will benefit receiving waters; funding of Independent Environmental Monitors to assist in DEC oversight of the ACO; and the development of a Long Term Control Plan (LTCP) as required by the 1994 USEPA CSO Control Policy.

In addition, DEC and NYCDEP propose to enter into a Memorandum of Understanding governing the submittal, review and approval of Waterbody/Watershed reports and Use Attainability Analysis reports, required under the 2004 ACO. The Waterbody/Watershed reports are an essential element of the LTCP that will evaluate water quality impacts that remain after the CSO abatement projects are implemented and determine if additional cost effective CSO control measures may be available to comply with water quality standards. DEC and NYCDEP have agreed to a series of work efforts to examine and review regulatory options based on the Use Attainability Analysis reports and, if appropriate, seek revision of water body classifications and/or site-specific water quality standards to ensure that the CSO Abatement projects, as approved by DEC, result in compliance with applicable WQS.

The 2004 ACO requires the planning, design, and construction of over thirty projects City-wide. These projects include: off-line retention tanks, sewer separation, flushing tunnels, vortex concentrators, throttling facilities, and numerous other projects designed to optimize the operation of the sewer collection system, pumping stations, and treatment plants during wet weather. When fully constructed, the estimated capital cost of these projects will be in excess of $2.2 billion (in 2004 dollars).

The CSO abatement program required in the 2004 ACO improves upon the 1992 ACO by increasing the amount of wet weather flow being treated. The 2004 ACO requires projects that provide treatment for 75.5 % of wet weather flow, an improvement over the 70.2 % wet weather treatment required by the 1992 ACO. Other benefits of the 2004 ACO include improved water quality and control of floatable material discharged from CSOs. In addition to the floatables control already implemented by NYCDEP, it is estimated, that when combined with the facilities required under the 2004 ACO, a 90 % reduction in the floatable load to receiving waters from the pre-1992 ACO condition will be provided.

In summary, the CSO abatement program required under the 2004 ACO commits more funds, achieves greater environmental benefit through improved wet weather capture and system performance, than was required under the 1992 Order. The abatement projects along with the comprehensive monitoring and Waterbody/Watershed reports and LTCP conform to the 1994 USEPA CSO Control Policy.

This notice affords the opportunity to provide written comments on the 2004 ACO prior to finalizing the agreement between the settling parties. Full copies of the ACO are available in hard copy at the following offices of the Department: Office of the Director of the Bureau of Water Compliance, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506, or Mr. Robert Elburn, P.E., NYSDEC, Region 2, 47-40 21st Street, Long Island City , NY 11101. The ACO is also available on the Department's website at: Administrative Consent Order (ACO) for Implementation of the Combined Sewer Overflow Abatement Program in NYC (3,655KB). In addition to soliciting written comments, a public meeting will be held at the NYSDEC Region 2 Annex, 11-15 47th Avenue, Hearing Room 106, Long Island City, NY 11101, on September 22, 2004 at 6 PM.

Comments on the 2004 ACO may be provided to Mr. Joseph DiMura, P.E., or mailed to same at NYS DEC, Division of Water, at the above address. Comments must be provided by October 8, 2004. DEC will consider all relevant comments received for incorporation into the document.


Notice is made that Mr. John Jiu, owner of:
Quality Chinese Laundry
267 - 45th Street
Brooklyn, Kings County, NY 11220-0005
DEC ID 2-6105-00519

Mailing Address:
Quality Chinese Laundry
149-30 88th Street - Apt. 4G
Howard Beach, NY 11414
917-992-9229
upon application and investigation has satisfied the requirements of 6 NYCRR Part 232, §232.3 Variances.

§232.3 Variances, allow Perchlorethylene Dry Cleaning Facility owners who petition the Department and meet the requirements of this section to be relieved of certain Part 232 requirements. In this instance Mr. John Jiu, owner of Quality Chinese Laundry sought a §232.3 Variance in relief of the §232.6 and 232.13 requirements to install only new NYSDEC Certified fourth generation equipment at a new facility.

In particular, three existing, used REALSTAR Model M803 fourth generation dry cleaning machines (S/N 91149/0031, S/N 91149/0032 and S/N 91149/0033) originally installed by Quality Chinese Laundry as new machines on October 2001 have been moved from the former Quality Chinese Laundry facility at 2 Wyckoff Avenue, Brooklyn, Kings County, NY 11237 to the new Quality Chinese Laundry location at 267 - 45th Street, Brooklyn, Kings County, NY 11220-0005.

The Department grants Quality Chinese Laundry, mailing address, 149-30 88th Street - Apt. 4G, Howard Beach, Queens County, NY 11414, DECID 2-6105-00519 a variance from the requirements of 232.6 and 232.13 for this one instance. This variance shall be maintained by operating the facility in full compliance with Part 232 and any and all other applicable regulations.

Permitting and Compliance Section
Bureau of Stationary Sources
Division of Air Resources
Stan Byer
518-402-8403


Negative Declaration

New York City County - The NYC Board of Standards and Appeals, as lead agency, has determined that the proposed Five Points Fitness, LLC (BSA Cal. No. 388-03-BZ - CEQR No. 04-BSA-107M - Please refer to the project's BSA Calendar and CEQR No. 04-BSA-107M - please refer to the project's BSA Calendar and CEQR numbers in all correspondence) will not have a significant adverse environmental impact. Public Comment Period ends: October 8, 2004. The action involves an application for BSA Special Permit pursuant to section §73-36 of the Zoning Resolution to permit the legalization of a Physical Culture and Health establishment, situated on the second floor at the subject premises, which is located at 444 Broadway (between Howard and Grand Streets) in an M1-5B zoning district. The Board of Standards and Appeals submitted a copy of the application, EAS and drawings to the Landmarks Preservation Commission (LPC) for its evaluation and comment. On May 25, 2004, the LPC issued its disposition. The project site is within the SOHO Cast Iron Historic District, LPC designated and S/NR listed. A permit form the LPC preservation department is required for all work prior to construction, and should be appended to the EAS. The project is located at 444 Broadway, Manhattan.

Contact: Rory Levy, Board of Standards and Appeals, 40 Rector Street, 9th Floor, New York, NY 10006-1705, phone: (212) 788-8749, fax: (212) 788-8769, email: rlevy@dcas.nyc.gov.


New York City County - The MTA New York City Transit, as lead agency, has determined that the proposed South Ferry Terminal Project will not have a significant adverse environmental impact. The action involves the MTA-New York City Transit (NYCT) is proposing to construct a new and improved terminal subway station to replace the existing, physically and operationally deficient, South Ferry Station of the 1/9 line in Lower Manhattan. New approach tracks on a new alignment would also be constructed. The project corridor extends from just north of the Battery Place/Greenwich Street intersection, through the eastern portion of Battery Park, to Peter Minuit Plaza, north of the Whitehall Ferry Terminal building, at the southern tip of Manhattan. The project corridor, including construction staging areas, encompasses approximately four (4) acres, measures 1700 feet in length, and is located in an area consisting of commercial, institutional, open space and parkland, transportation and some residential uses. The project is located north of the Battery Place/Greenwich Street intersection, through the eastern portion of Battery Park, to Peter Minuit Plaza, north of the Whitehall Ferry Terminal building, New York City.

Contact: Ajay Singh, Sustainability and Environmental Management, MTA/New York City Transit, 2 Broadway, 8th Floor, C8.67, New York, NY 10004, phone: (646) 252-4398, fax: (646) 252-3171, email: ajsingh@nyct.com.


New York City County - The NYC Department of Environmental Protection, as lead agency, has determined that the proposed Owls Head Water Pollution Control Plant - Modifications to the Grit and Scum Building will not have a significant adverse environmental impact. The action involves the modification of certain existing facilities at the Owls Head Water Pollution Control Plant (WPCP) located on Block 5804, Lot 91 and Block 5835, Lots 1 and 30, in the Borough of Brooklyn. Specifically, the existing Grit and Scum Building would be upgraded to include a three–story addition to the north end which would increase the existing footprint by an additional 5,780 square feet of space and allow for a new container storage area inside the building. Modifications would allow for a completely enclosed grit and scum handling operation and provide upgraded odor control in designated areas for this operation. The following actions are also included in the overall Grit and Scum Building upgrade:

The project is located at 6700 Shore Road, Brooklyn, Block 5804, Lot 91 and Block 5835, Lot 1 and Lot 30.

Contact: Lisa Fuerst, NYC Department of Environmental Protection, 59-17 Junction Blvd, Flushing, NY 11373, phone: (718) 595-4407, fax: (718) 595-4479.


Notice Of Acceptance Of Draft Generic EIS And Public Hearing

New York City County - The City of New York City Planning Commission (CPC) and the Metropolitan Transportation Authority (MTA), as co-lead agencies, have accepted a Draft Generic Environmental Impact Statement on the proposed No. 7 Subway Extension - Hudson Yards Rezoning & Development Program. A public hearing will be held on September 23, 2004 at 9:00 a.m. at the Fashion Institute of Technology, Seventh Avenue at 27th Street, Haft Auditorium- Building C, Manhattan. Members of the public may register to speak at the public hearing beginning at 8:30 am on September 23. Each speaker will be limited to three minutes. The Public Comment Period ends October 4, 2004. Written comments on the DGEIS will also be accepted by the co-lead agencies until ten days after the close of the public hearing. Such comments should be forwarded to the contact persons listed below. The action involves the New York City Department of City Planning and the MTA proposing to promote the transit-oriented redevelopment of the Hudson Yards area (generally encompassing the area bounded by West 43rd Street on the north, Hudson River Park on the west, West 28th and West 30th Streets on the south, and Seventh and Eighth Avenues on the east) through: (1) zoning and related land use actions by the CPC that would allow approximately 28 million square feet of commercial development, 12,600 residential units, a new Midblock Park and Boulevard System between Tenth and Eleventh Avenues and other significant open spaces; and (2) the extension by the MTA of the No. 7 Subway Line from Times Square to a new terminus at Eleventh Avenue and West 34th Street. The Proposed Action also includes: (3) the expansion by the Convention Center Development Corporation (CCDC) of the Jacob K. Javits Convention Center north to 42nd Street, including construction of a new Convention Center Hotel; and (4) development by the New York State Urban Development Corporation d/b/a Empire State Development Corporation (ESDC) and/or CCDC of a new Multi-Use Facility for sports, entertainment, and exposition uses on a platform to be constructed over the John D. Caemmerer West Side Yard between Eleventh and Twelfth Avenues from West 30th to West 33rd Streets.

Contacts:
Robert Dobruskin
City of New York City Planning Commission
22 Reade Street, Rm. 4E
New York, NY 10007
Phone: (212) 720-3423
Fax: (212) 720-3495

Emil F. Dul, P.E.
Metropolitan Transportation Authority - New York City Transit
2 Broadway, 2nd Floor
New York, NY 10004
Phone: (646) 252-2405
Fax: (646) 252-3374


Notice Of Acceptance Of Final EIS

New York City (Brooklyn) County - The City Planning Commission, as lead agency, has accepted a Final Environmental Impact Statement on the proposed IKEA Retail Center. The action involves IKEA Property, Inc. is applying to the New York City Department of City Planning (DCP) for a variety of land use actions, including a zoning map change, a City map change, two special permits, an authorization, and a certification pursuant to the Zoning Resolution. One of the special permits is to permit certain Use Group 6 and 10 retail establishments within an M1-1 zoning district, which would allow large retail establishments to be developed on the project site in Red Hook, Brooklyn. These actions will facilitate the construction of what is currently anticipated to be a 346,000 square-foot IKEA furniture and home furnishings store on the project site, referred to as the Proposed Project.

The Proposed Project will include the following components:

In addition to the elements noted above, the Proposed Project would include a waterfront esplanade of approximately 6.3 acres; two areas of retail/restaurant uses, approximately 45,000 square feet at the western edge of the site and approximately 24,000 square feet on the southeastern portion of the site; an approximately 1,400-space parking lot; and the implementation of a Remedial Action Work Plan approved by the New York State Department of Environmental Conservation’s (NYSDEC) Voluntary Cleanup Agreement between IKEA Property, Inc. and NYSDEC to address hazardous materials currently existing on the site. IKEA has submitted an application under the New York State’s newly-enacted Brownfields Program. This application has been determined to be complete by NYSDEC, and IKEA expects to transfer into that program by executing a Brownfields Cleanup Agreement subsequent to NYSDEC’s approval of the application.

The Proposed Project would be located on Block 612, Lot 130, an approximately 22-acre parcel that is bordered by Beard and Halleck Streets on the north, Columbia Street on the east, the Erie Basin to the south, and a deep-water slip (west of the southern extension of Dwight Street) to the west (see Figure S-1). The Use Group 6 or 10 large retail store would occupy an approximately 231,000-square-foot footprint on the northeastern portion of the site (see Figure S-2). The main roof of the store is planned to rise to a height of approximately 48 feet, and would incorporate approximately 1.6 acres of solar paneling and approximately 1.6 acres of “green roof” plantings to reduce the store’s net energy use. The Use Group 6 or 10 large retail store would contain parking and the store entrance at the ground level; the showroom, warehouse and checkout area on the second floor; and additional showroom space, offices, and a restaurant on the third floor. It is expected that several of the existing gantry cranes on the project site would be incorporated into the waterfront esplanade, as elements that evoke the site’s maritime history. The Use Group 6 or 10 large retail store and other uses on the site are expected to generate approximately 640 to 780 full- and part-time jobs. The Proposed Project also may have the potential to induce a limited amount of new retail development along the primary transportation corridors that would be used to access the project site. The Proposed Project is expected to be complete and operational in 2006. The project is located in Red Hook, Brooklyn, NY.

Contact: Robert Dobruskin, DCP, 22 Reade Street Rm. 4E, New York, NY 10007, phone: (212) 720-3423, fax: (212) 720-3495.