ENB Region 1 Completed Applications 03/22/2006

The applicant proposes to reconstruct 155 feet of bulkhead within 24 inches of the existing bulkhead and 18 inches higher in elevation.  The applicant also proposes to dredge a 10 foot by 155 foot area immediately seaward of the bulkhead to a depth of -3 feet below mean low water and place 10 cubic yards of dredge material behind the bulkhead as backfill.   Placement of fill behind the new bulkhead which will be located seaward of apparent high water will result in the permanent loss of approximately 310 square feet of tidal wetlands known as littoral zone (SM/LZ).    The project is located at 95 Hudson Avenue, Freeport, Town of Hempstead, Nassau County, NCTM# Section 62, Block 93, Lots 825 - 831.  

The applicant proposes to dredge three feet of sediment from an 8.83 acre pond to aide in restoring the ponds recreational uses.  There is also a filtration system proposed for the culvert to the pond and gabion protection proposed for the small island in the pond.  The pond restoration project is for Boyd's Pond located at the intersection of Tappan Avenue and Montauk Highway in the Town and Village of Babylon, Suffolk County.

The New York State Department of Environmental Conservation (DEC) has reviewed the hazardous waste management permit renewal application received from the above facility for renewal of its existing 6 NYCRR Part 373 Permit.  The DEC has made a tentative determination to renew the Part 373 Permit, which would continue to authorize the operation of the waste management facility for the storage of hazardous wastes and mixed wastes.

FACILITY DESCRIPTION

Brookhaven National Laboratory (BNL) is owned by the Department of Energy (DOE) and operated by Brookhaven Science Associates, LLC, under a DOE contract.  BNL is a multi-disciplinary scientific research center located close to the geographical center of Suffolk County on Long Island, about 97 km E. of NYCity.  Approximately 6.7 sq. kilometers of the 21.3 sq. kilometer site is developed.

BNL currently operates a Waste Management Facility (WMF)  for the storage of various types of wastes (radioactive, hazardous and mixed wastes) that are generated by Brookhaven’s internal facilities.  The facility is located on the facility at 120 E. Fifth Street.  Brookhaven does not accept wastes that are generated off-site.  The waste management activities at the WMF are limited to characterization, consolidation, packaging and storage of hazardous and mixed wastes. There is no treatment or land disposal of hazardous wastes.  About one-half of the total area of the WMF is permeable cover including lawn areas and earthen berms.  The remaining area is paved for parking and access to the various buildings.  There are two buildings in the WMF that are included in this permit.

The Resource Conservation and Recovery Act (RCRA) Waste Building is used for storage and liquid waste packaging.  This 20,000 square foot building provides for the repackaging and sorting of hazardous and nonhazardous wastes in compliance with the Resource Conservation and Recovery Act (RCRA) such as:   shipping/receiving/staging, liquid storage, bulking process, packaging and sorting.  The building consists of separate areas for handling and storing different categories of wastes (e.g. reactives, oxidizers, flammables, etc.).  

The Mixed Waste Building is used for storage of mixed hazardous and radioactive wastes.  The 5,000 square foot building is equipped with secondary containment, temperature control, security and fire protection systems.  Wastes are segregated by hazard class upon receipt.  The building is also used for processing and storing liquid and solid mixed wastes.  Wastes are received and managed in this building and held until transportation for off-site disposal.  Such processes include: shipping/receiving, mixed waste storage, flammable mixed waste storage, packaging and lab testing.

    

Brookhaven submitted the permit renewal application as required by 6 NYCRR 373-1.8.  Under the provisions of State Administrative Procedures Act (SAPA), Section 401(2), the current permit continues in effect until the DEC makes a final decision on the permit renewal application submitted by Brookhaven.

TENTATIVE DETERMINATION

After review of the permit application, the DEC found it to be complete and meeting the permitting requirements of Part 373. The DEC has made a tentative determination to renew the 6NYCRR Part 373 Permit.   The DEC has prepared a Draft Permit pursuant to the regulations in 6NYCRR Part 373-2 (Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities) and other applicable regulations, including 6 NYCRR Part 370, Part 371, Part 372, Subpart 373-1, and Part 376.  The duration of the Permit will be ten (10) years from the date of issuance.

CORRECTIVE ACTION REQUIREMENTS

                        

There is currently an Interagency Agreement (IAG), effective May 26, 1992, between the U.S. EPA and the DEC that governs corrective action requirements at the Brookhaven facility.  The Administrative Docket Number for this agreement is II-CERCLA-FFA-00201, of which a copy is included in Appendix E of the Permit.

DOCUMENT AVAILABILITY

Copies of the draft Part 373 Permit, the supporting permit renewal application and the Fact Sheet are available for public review during normal business hours at:  

New York State Department of Environmental Conservation (DEC)

DEC Region 1 Office, Division of Environmental Permits

Building 40 - SUNY

Stony Brook, New York, 11790-2356

Contact Person: Roger Evans    Telephone No: (631) 444-0365

Copies of the documents are also available at New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, 625, Broadway, 9^th Floor, Albany NY 12233, Contact Person: Alicia Barraza, Telephone No: (518) 402-8594.

Copies of the documents are also available for review at Public Repositories located at:

Mastic-Moriches-Shirley Community Library, 301 William Floyd Parkway, Shirley, NY 11967

BNL Research Library, Bldg. 477A  Brookhaven Ave., Upton, NY 11973 .

A mailing list will be maintained for this facility.  The public can submit a written request to the contact person to be put on the mailing list.  A copy of the Fact Sheet, which summarizes the permitting process, the permit application and draft permit, may be obtained by contacting the aforementioned contact person.

HOW TO PROVIDE YOUR COMMENTS

There is a public comment period on the draft permit renewal. The public may submit written comments on the draft permit renewal no later than May 8, 2006 at the above address.  Please reference the NYSDEC ID # 1-4722-00032/000102 and the EPA ID #  7890008975.

All comments will be considered and evaluated in making the final determination to renew the permit.  Interested persons with concerns about the draft permit can raise all reasonably ascertainable issues and submit them, in writing, before the last filing date. Also submit, in writing, all available arguments and factual grounds supporting their position.  Prior to approval of the permit, the Department will respond to any comments submitted by the public.  If warranted, changes will be made in the draft version.  If a significant degree of interest exists in the renewal of the permit and if a request for a hearing is received during the public comment period, the Department will hold a legislative public hearing as provided in the Uniform Procedures Act, 6 NYCRR Part 621.  Any request for a public hearing must be made in writing, stating the nature of the issues proposed to be raised in the hearing and submitted to the NYSDEC contact person no later than the last filing date.  A notice of the final decision will be sent to each interested citizen or organizations who have submitted written comments or have requested such notice with a summary of responses to the comments received.

STATUTORY AND REGULATORY PROVISIONS

This application was filed and processed pursuant to the Environmental Conservation Law ("ECL") Article 3 Title 3 (General Functions), Article 8 (State Environmental Quality Review), Article 27 Title 9 (Industrial Hazardous Waste Management), and Article 70 (Uniform Procedures); and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6NYCRR") Part 617 (State Environmental Quality Review), Part 621 (Uniform Procedures), Parts 370-374 (Hazardous Waste Management Facilities) and Part 376 (Land Disposal Restrictions).