Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 04/13/2005

Orange County

Applicant: Dynegy Northeast Generation
992 River Rd
Newburgh, NY 12550
Facility: Roseton Generating Station
992 River Rd
Newburgh, NY 12550
Application ID: 3-3346-00075/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Newburgh, Orange County
Project Description:

The New York State Department of Environmental Conservation (“Department”) proposes to renew and modify the State Pollutant Discharge Elimination System (SPDES) Permit of the Roseton Generating Station (Roseton).  The draft modified permit requires that the permittee, Dynegy Northeast Generation, Inc. (Dynegy), reduce entrainment and impingement impacts to aquatic organisms of the Hudson River from the operation of the Roseton once-through cooling water withdrawal.

Department Staff has reviewed information submitted by the applicants and information in numerous reports and studies conducted over more than 25 years related to entrainment and impingement at once through cooling facilities. Department Staff has also reviewed the application materials and supporting documentation. A tentative determination has been made to approve this application and a draft permit has been prepared. The background documentation supporting this determination is available in the "fact sheets" and the administrative record for the project.


Please click on the link below to review the Announcement of Public Comment Period and Availability of Draft Permit, Legislative Public Hearing and Issues Conference for details regarding the draft modified SPDES permit, supporting documentation, the legislative hearing and issues conference:

http://www.dec.state.ny.us/website/ohms/notices/roseton.html


State Environmental Quality Review (SEQR) Determination:
A draft environmental impact statement has been prepared on this project and is on file.
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 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 May 13 2005.
Contact: Christopher M Hogan
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Applicant: New Windsor Equipment Rentals and Services Inc
14 Argenio Dr
New Windsor, NY 12553
Facility: Hudson Valley Asphalt
14 Argenio Dr
New Windsor, NY 12553
Application ID: 3-3348-00099/02001
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: New Windsor, Orange 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 the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Applicant’?s facility.
    The facility is a batch asphalt plant.  This permit allows the facility to burn waste fuel A (as defined in 6NYCRR Part 225-2).  The primary fuel for the plant is number 2 oil.
    Emissions of both carbon monoxide and nitrogen oxides (NOx) are restricted to 95 tons per year. Because of these limits, the facility is not subject to Title V and NOx Reasonably Available Control Technology (Part 212.10) requirements.  The facility is subject to Parts 212.6, 212.9, 225-1, and 225-2.
    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), the Administrator of the United States Environmental Protection Agency (USEPA)  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 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.  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 May 13 2005.
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

Rockland County

Applicant: Par Pharmaceutical Inc
One Ram Ridge Rd
Spring Valley, NY 10977 -6714
Facility: Par Pharmaceutical Inc
One Ram Ridge Rd
Spring Valley, NY 10977
Application ID: 3-3926-00134/00054
Permit(s) Applied for: Article 19 Air Title V 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 Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Applicant’s facility.
    Par Pharmaceutical, Inc. is a manufacturer as well as a research and development facility of pharmaceutical products.  The facility is located in Chestnut Ridge, Rockland County, New York.  
    The Standard Industrial Code (SIC) is 2834, “Pharmaceutical Preparations.” Emissions of Isopropyl alcohol used from cleaning operations exceed 25 tons per year and the facility has opted for a Title V Permit.  Applicable regulations include Parts 201, 211, and 212 of 6NYCRR.  The facility will limit emissions of Hazardous Ar Pollutants (HAP) to below 10 tons per year individual HAP or 25 tons per year total HAP. Facility will keep usage records 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 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 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.  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 May 13 2005.
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: Gregory Hostetler
Facility: Hostetler Property
Lily Lake Rd
Lloyd, NY
Application ID: 3-5132-00140/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Lloyd, Ulster County
Project Description:
The applicant proposes to cross approximately 80 feet of Freshwater Wetland RD-17 (Class: 3) with a driveway in conjunction with construction of a single-family house on 13.5 acres. As mitigation, a 7,000 square foot pond would be constructed and planted with wetland species. The location is on the east side of Lily Lake Road approximately 1/3rd of a mile north of Route 299.
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 Apr 29 2005.
Contact: Lawrence G Biegel
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Westchester County

Applicant: Phelps Memorial Hospital Association
701 N Broadway
Tarrytown, NY 10591
Facility: Phelps Memorial Hospital Center
701 N Broadway
North Tarrytown, NY 10591
Application ID: 3-5534-00059/00005
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Mount Pleasant, Westchester 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 the applicant’s Air State Facility Permit.
    Phelps Memorial Hospital Center operates two boilers, each rated at 16.239 million BTU per hour, and other combustion sources.  The boilers can burn either No. 2 oil or natural gas.
    Emissions of nitrogen oxides (NOx) from the facility are limited to 22.5 tons per year, to remain below the thresholds of Title V.  The facility is subject to the requirements of 6NYCRR Parts 225-1 and 227-1.
    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 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 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.  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 May 15 2005.
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

Applicant: Pacwater Corp
51 Route 100
Briarcliff Manor, NY 10510
Facility: Briarcliff Acres
Cedar Dr East
Briarcliff Manor, NY 10510
Application ID: 3-5542-00127/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Ossining, Westchester County
Project Description:
The applicant proposes to construct a sanitary sewer line and walking trail within the 100 foot adjacent area of Freshwater Wetland O9 (Class I) in conjunction with the construction of a seven (7) lot residential subdivision on a 26+acre parcel. The total area of disturbance to the adjacent area of the wetland is approximately 0.56 acre.  No disturbance within the Freshwater Wetland is proposed. The project is located on the east side of Cedar Drive East and south of Long Hill Road in the Village of Briarcliff Manor, Westchester County. A stormwater management plan has been prepared and is available for review.
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:
Briarcliff Manor Village Planning Board
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 Apr 29 2005.
Contact: R Scott Ballard
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Region 3 SEQR and Other Notices Region 3 SPDES Renewals