Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 10/20/2004

Dutchess County

Applicant: IBM Corp
New Orchard Rd
Armonk, NY 10504
Facility: IBM East Fishkill Facility
2070 Rt 52
Hopewell Junction, NY 12533
Application ID: 3-1328-00025/00002
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: East Fishkill, Dutchess County
Project Description:
       The Department has prepared an 18-page Draft SPDES permit and has made a tentative determination to approve a SPDES permit modification to allow an increase of the effluent limit for fluoride in the existing treated effluent discharge from the IBM East Fishkill manufacturing facility into Gildersleeve Brook.  This is due to IBM's intention to switch some or all of its current water source from well water and to instead use between 2.0 to 4.0 million gallons per day (MGD) of fluoridated drinking water via an interconnection to the proposed Central Dutchess Waterline.  That waterline is to be constructed by the Dutchess County Water & Wastewater Authority.  There would be no increase in the total volume of the treated discharge.
       The requested modification would also change the limit for total cyanide, change the limit for Biological Oxygen Demand (BOD) to 5-Day BOD, would eliminate Footnote #1 which results in a re-number the remaining footnotes.
      The IBM wastewater treatment plant and the discharge to Gildersleeve Brook are located on Route 52, near the hamlet of Hopewell Junction, in the Town of East Fishkill, Dutchess County, NY.
     Copies of the Draft SPDES permit and supporting documents can be viewed during the public comment period by calling the Contact Person listed below to schedule an appointment.
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:
East Fishkill Town 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 Nov 19 2004.
Contact: Michael D Merriman
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Orange County

Applicant: Interchange Commerce Center Assoc
One Blue Hill Plz
Pearl River, NY 10965 -3104
Facility: Interchange Commerce Ct
NYS Rt6 & 17
Harriman, NY 10926
Application ID: 3-3358-00043/00005
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Woodbury, Orange County
Project Description:
The Department of Environmental Conservation (DEC) has received an application to re-issue the following EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue this permit for a five year term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of up to 200,000 gallons per day of treated sanitary waste to the Ramapo River.
    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.
    SPDES #:  NY 021 9207

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 Nov 19 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Applicant: Ridge Road Sewer Co Inc
152 West 57TH St 44TH Fl
New York, NY 10019
Facility: Highland Lake Estates
Ridge RD|RT 105
Woodbury, NY
Application ID: 3-3358-00056/00002
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Woodbury, Orange County
Project Description:
    The Department of Environmental Conservation (DEC) has received an application to re-issue the following EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue this permit for a five year term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of up to 100,000 gallons per day of treated sanitary waste to a tributary of the Woodbury Creek.
    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.
    SPDES #:  NY 021 9304
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 Nov 19 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Rockland County

Applicant: NYS Dept of Health
Empire State Plz Tower Bldg
Albany, NY 12242
Facility: Helen Hayes Hospital
Rt 9W
West Haverstraw, NY
Application ID: 3-3922-00072/00006
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Haverstraw, 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 Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for a State Facility Permit for Helen Hays Hospital.
    This is a State Facility Application (SFA) for a state-owned hospital, standard industrial codes of 8069 and 8093. The facility operates three (3) boilers rated at 32.21 mmbtu/hr each burning primarily natural gas with #2 fuel oil as backup.  The facility will limit its emissions of oxides of nitrogen (NOx) to less than 24.8 tons per year to avoid the requirements of a Title V and Part 227.  The facility will keep fuel usage records and run-times in order to demonstrate compliance with the cap.
    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 (USEPA)  has the authority to bar issuance of any 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  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 requestor 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.  DECís 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 Departmentís 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 Nov 19 2004.
Contact: Robert J Stanton
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Ulster County

Applicant: A & F Partners Inc
30 Broadway Ste 203
Kingston, NY 12401
Facility: Black Creek Apartments
30 Black Creek Rd
Esopus, NY
Application ID: 3-5122-00162/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Esopus, Ulster County
Project Description:
    The Department of Environmental Conservation (DEC) has received an application to re-issue the following EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue this permit for a five year term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of up to 5,000 gallons per day of treated sanitary waste to the Black Creek.
    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.
    SPDES #:  NY 015 0053

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 Nov 19 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Westchester County

Applicant: Town of North Castle
17 Bedford Rd
Armonk, NY 10504 -1802
Facility: North Castle S D 2 STP
Old Orchard Rd
North Castle, NY 10504
Application ID: 3-5538-00066/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Municipal SPDES
Project is Located: North Castle, Westchester County
Project Description:
    The NYS Department of Environmental Conservation proposes to modify the State Pollutant Discharge Elimination System (SPDES) Permit for the existing discharge from the North Castle Seweage Treatment Plant (STP) serving Sewer District #2 to the Long Island Sound via the Wampus River .  The SPDES permit for this facility in Westchester County has been modified in accordance with the revised Total Maximum Daily Load (TMDL) criteria for nitrogen for this waterbody.  Permit limits, levels, and monitoring requirements have been amended as follows:

Long Island Sound Nitrogen Limits - The Long Island Sound Total Maximum Daily Load (TMDL) analysis has been completed for nitrogen and accepted by USEPA. Therefore, the requirements of the Long Island Sound Study, which require point sources to reduce the discharge of nitrogen over a period of 15 years, are included in the draft permit as phased limits for this permittee discharging to Long Island Sound. These limits are consistent with the 5, 10, and 15 year waste load allocations (WLAs) that are specified in the Zone 7 Nitrogen Load Management Plan.  A compliance schedule, requiring the permittee to develop a plan to meet the total nitrogen limits is included in the permit.

Mass Limits - Mass limits for CBOD5 and TSS were rounded to 2 significant figures in compliance with DEC guidance in the DMR Manual for Completing the Discharge Monitoring Report for the SPDES, NYSDEC, February, 2002.

Total Residual Chlorine (TRC) - The current permit has a technology based daily maximum limit of 2.0 mg/l for TRC. A new, lower water quality based effluent limit has been calculated  for TRC that considers dilution, decay, and immediate free available chlorine demand/uptake at the STP.

pH - The current permit has a technology based pH range of 6.0 - 9.0.  The water quality based pH range is 6.5 - 8.5.  This range is protective of water quality in the Wampus river which is an intermittent stream.

Metals - Cyanide and zinc were detected in the STP effluent and listed in the permit application.  The new permit requires furtheranalysis for these parameters.  The Sampling requirements, method of analysis, and compliance conditions are included in the schedule of compliance section of the permit.  A re-opener clause is also included in the permit, so that DEC can include limits in the future if necessary.

    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.
    SPDES Number:  NY 010 9584
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:
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 located in a Coastal Management area and is 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 Nov 19 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Region 3 SEQR and Other Notices Region 3 SPDES Renewals