ENB - REGION 2 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Proposed Technical Amendment to the LIS TMDL

In January 2001, the New York State Department of Environmental Conservation ("Department") submitted A Total Maximum Daily Load Analysis to Achieve Water Quality Standards for Dissolved Oxygen in Long Island Sound (hereafter the "LIS TMDL") to the U.S. Environmental Protection Agency. www.dec.state.ny.us/website/dow/tmdllis.pdf . The LIS TMDL was developed jointly with the Connecticut Department of Environmental Protection ("Connecticut DEP"). In April 2001, the U.S. Environmental Protection Agency ("EPA") determined that the LIS TMDL met the requirements of section 303(d) of the Clean Water Act, and EPA's implementing regulations (40 CFR Part 130) and thereby approved the LIS TMDL. EPA's Approval Letter for the LIS TMDL, (April 3, 2001).

Table 6 of the LIS TMDL identifies the sum of the New York and Connecticut Waste Load Allocations ("WLAs") from each of 11 management zones. Table 7 of the LIS TMDL contains equivalency factors that identify the relative impact of nitrogen from each zone on dissolved oxygen ("DO") conditions in Long Island Sound. Compliance with the LIS TMDL can be achieved through meeting the WLAs or through new allocations resulting in equal or greater water quality improvements, as defined by the Table 7 equivalency factors. The equivalency factors comprise river delivery factors (the amount of nitrogen discharged to a river segment that makes it the mouth of the river) and Long Island Sound transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots). In other words, allocations among facility-specific WLAs can be modified without resubmitting a revised LIS TMDL as long as the new allocations resulted in equal or greater water quality improvements, as determined by the use of the exchange ratios identified in Table 7 of the LIS TMDL document.

The Table 7 transport efficiencies were established from predictions of the "LIS 3.0" water quality model developed in the 1990s. A new model, called the Systemwide Eutrophication Model ("SWEM") has subsequently been developed. The Department recognized early on that SWEM had certain advantages over LIS 3.0 and that the SWEM should be used in the future, once accepted. See Department Response to Public Comments on the LIS TMDL, Modeling Tools on pg 10-11 and Recent/Future Monitoring on pg 24 (January 2001), www.dec.state.ny.us/website/dow/responseliss.pdf. In fact, the LIS TMDL cites the application of SWEM as one of the elements to a planned revision of the LIS TMDL. See LIS TMDL, Reassessment on pg 48 and Table 14. SWEM contains a number of technical improvements over LIS 3.0 and has since been reviewed and approved by the Long Island Sound Study for application to Long Island Sound planning and management.

In light of its subsequent approval by the Long Island Sound Study and after consultation with and without objection from Connecticut DEP, the Department hereby proposes a limited amendment to the LIS TMDL to incorporate the insights from SWEM predictions of the relationship between the DO response to nitrogen discharges from zone 8 (the upper East River Management Zone) and zone 9 (the lower East River Management Zone). This limited technical amendment would support the New York City Department of Environmental Protection's ("New York City DEP") development of a long-term nitrogen control program to attain its WLAs for zone 8 and zone 9 discharges, without compromising water quality. The technical amendment would formalize the use of SWEM ratios in meeting the allocations to those zones in advance of a more comprehensive revision of the LIS TMDL. The Department is soliciting public comment on the proposed amendment before submitting it to the EPA for review and approval.

SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0. SWEM also predicts that the ratio of the transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots) between zone 8 and zone 9 is 4:1, compared to the LIS 3.0 transport ratio of 2:1. Therefore, the Department proposes to modify the LIS TMDL Table 7 transport efficiencies for zone 8 and zone 9 to a 4:1 ratio from a 2:1 ratio. New York City DEP would comply with the LIS TMDL through meeting the WLAs or through new allocations using the updates to the Table 7 equivalency factors. This revision to the equivalency factors would only apply to reallocations between zone 8 and zone 9. Because SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0, this change places no additional burden on discharges from other zones to achieve water quality standards. The timeframe for using this amendment based on a combination of SWEM and LIS 3.0 ratios would be until the anticipated full SWEM technical update (and other technical updates) are incorporated into a complete LIS TMDL revision.

Public comment on the proposed amendment will be accepted for 30 days, through April 7, 2006. Comments should be submitted in writing to Philip O’Brien of Division of Water, 625 Broadway, Albany, NY 12233-3502, or by email at pxobrien@gw.dec.state.ny.us.


Notice of Proposed Rule making for 6 NYCRR Part 44 relating to lobsters and crabs

Pursuant to the Environmental Conservation Law Sections 13-0329 and 13-0331, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rulemaking for 6NYCRR Part 44 relating to lobsters and crabs. This notice will be published in issue 12 of the State Register, dated 3/22/2006.

For further information contact:
Kim McKown
Department of Environmental Conservation
205 North Bellemeade Road
East Setauket, NY 11733
Phone: (631) 444-0454 Email: kamckown@gw.dec.state.ny.us


Public Notice

NOTICE OF INTENT TO PREPARE DRAFT ENVIRONMENTAL IMPACT STATEMENT; NOTICE OF PUBLIC SCOPING MEETING AND PUBLIC COMMENT PERIOD; NOTICE OF NATIONAL HISTORIC PRESERVATION ACT REVIEW; NOTICE FOR EARLY PUBLIC REVIEW OF A PROPOSAL IN THE 100-YEAR FLOODPLAIN

The Lower Manhattan Development Corporation ("LMDC"), a subsidiary of the Empire State Development Corporation (a political subdivision and public benefit corporation of the State of New York), as lead agency, intends to prepare a draft environmental impact statement ("DEIS") for the East River Waterfront and Piers Project ("Proposed Action"). LMDC, pursuant to federal statute and as the recipient of United States Department of Housing and Urban Development ("HUD") Community Development Block Grant program funds, will conduct the environmental review under the National Environmental Policy Act. The New York State Environmental Quality Review Act, New York City's City Environmental Quality Review, and their implementing regulations will be referenced as appropriate. Additional reviews for the Proposed Action will be undertaken in coordination with the environmental review described above, including those required under Section 106 of the National Historic Presentation Act and HUD regulations.

The Proposed Action would improve a two-mile-long stretch of the East River waterfront and create a City-owned public open space. The area of the Proposed Action would generally encompass the waterfront, the upland area adjacent to and under the elevated Franklin Delano Roosevelt Drive and South Street extending from the Whitehall Ferry Terminal and Peter Minuit Plaza to East River Park, as well as specific piers. Included in the Proposed Action would be Pier 15, the New Market Building pier, Pier 35, and Pier 42. Approximately $139,500,000 of HUD funds will be allocated for the Proposed Action.

The Proposed Action may significantly affect one or more of the following environmental factors: Land Use, Zoning, and Public Policy; Socioeconomic Conditions; Open Space; Shadows; Historic Resources; Urban Design and Visual Resources; Neighborhood Character; Natural Resources; Hazardous Materials; Waterfront Revitalization Program; Floodplain Impacts; Infrastructure, Solid Waste, and Energy; Traffic and Transportation; Air Quality; Noise; Construction Impacts; and Environmental Justice. In the DEIS, LMDC will consider a no-build alternative and a reasonable range of other alternatives.

A Draft Scope of Work outlining the proposed content of the DEIS ("Draft Scope") has been prepared and a public scoping meeting has been scheduled for April 11, 2006. The meeting will take place from 3 PM to 8 PM, with a one-hour break from 5 PM to 6 PM, at the NYU School of Continuing Professional Studies, Woolworth Building, 15 Barclay Street, New York, New York 10007. The public meeting location is accessible to the mobility impaired. The public scoping meeting will also serve as an opportunity for the public and interested persons to comment on historic resources and Section 106 review under the National Historic Preservation Act.

Notice for Early Public Review of a Proposal in the 100-Year Floodplain: This notice also serves as the Notice for Early Public Review of a Proposal in the 100-Year Floodplain. This notice is provided pursuant to Section 2(a)(4) of Executive Order 11988 for Floodplain Management and 24 CFR § 55.20(b), regulations of the United States Department of Housing and Urban Development (HUD), concerning financial assistance for activities that are within and/or affect a floodplain. LMDC intends to submit a request for funds to HUD as described above. The acreage of the Esplanade Project that is located in the 100-year floodplain is 17 acres.

Written comments on the Draft Scope or early floodplain notice may be submitted to LMDC but must be received by LMDC by 5 PM on April 27, 2006 or they will not be considered. Comments should be directed to Seth Myers, Lower Manhattan Development Corporation, Attention: East River Waterfront Esplanade and Piers Project; One Liberty Plaza; New York, NY 10006; Telephone: (212) 962-2300; Fax: (212) 962-2431. Requests for information about the Proposed Action can also be directed to the same address. Information about the Proposed Action will be available during regular business hours at the offices of LMDC and will be available on LMDC's website: www.RenewNYC.com in "Planning, Design & Development."


Brownfield Cleanup Program

Site Name: Former Queens Family Courthouse-Lumber Yard
Site Address: 89-14 Parsons Boulevard
Jamaica, New York 11432
County: Queens
Site No.: C241093
Requestor: Dermot QFC, LLC

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by April 21, 2006 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation - Region 2
47-40 21st Street
Long Island City, New York 11101
Attention: Daniel Walsh

Repository address:

Queens Borough Public Library:
Long Island Division O.4 NE
8911 Merrick Boulevard
Jamaica, New York


Negative Declaration

New York City (Queens) County - The New York City Department of Sanitation as lead agency, has determined that the proposed Modification of a DSNY Putrescible Solid Waste Transfer Station Permit for A&L Cesspool Service Corporation (A&L Recycling) to Increase Storage Capacity will not have a significant adverse environmental impact. The action involves The proposed action entails modification of a DSNY Putrescible Solid Waste Transfer Station Permit for A&L Cesspool Service Corporation (A&L Recycling). A&L Recycling is a putrescible solid waste (PSW) transfer station currently authorized by DSNY and the New York State Department of Environmental Conservation (DEC) to process waste oil (defined as including used engine lubricating oil or any other used oil) and animal fats and grease. A&L receives waste oil and animal fats and grease from restaurants and food processing facilities and then separates the effluents into wastewater and oil/grease. The recycled product is sold to customers in 55-gallon drums. Presently, A&L Recycling is permitted for a storage capacity of up to 40 cubic yards (7,500 gallons) and a throughput capacity of up to 7,500 gallons per day (gpd) by DSNY and DEC respectively. Under the proposed action, A&L Recycling would install three new tanks (two new 4,250 gallon conical grease heating tanks, and one 5,000 gallon Product Storage Tank) in order to increase its currently permitted on-site storage of 40 cubic yards (7,500 gallons) of waste oil to 21,000 gallons. The proposed action would require minimal construction ( including the installation of 3-foot high concrete dike walls around a product storage tank inside the facility) to be operational. It is anticipated that the construction of this project would take approximately one month to complete following the approval of this proposal. A&L Recycling is located in a Manufacturing (M3-1) zone of Queens Community District 2. The area within a one-half mile radius of the site is zoned with a mixture of M3 and M1 manufacturing zones. There are no residential districts, hospitals, public parks, and schools within a 500-foot radius of the site. The project is located at 38-40 Review Avenue, Long Island City, NY.

Contact: Abas O. Braimah, DSNY Bureau of Legal Affairs, Room 708, 125 Worth Street, New York, NY 10013.


New York City (Bronx) County - The New York City Department of Sanitation, as lead agency, has determined that the proposed Modification of a DSNY Fill Material Transfer Station Permit for Bronx County Recycling, LLC to Increase Storage Capacity will not have a significant adverse environmental impact. The action involves entails modification of a DSNY Fill Material Transfer Station Permit for Bronx County Recycling, LLC (BCR). BCR proposes to increase its currently permitted on-site storage of 6,000 cubic yards (cy) of clean fill material to 20,000 cy. Such fill material is limited to earth, dirt, concrete and bricks, rock, gravel, stone, sand, and asphalt millings. This proposed change to the DSNY permit would correspond to the New York State Department of Environmental Conservation (DEC) Registration # 03W87 for the facility.

BCR is located in a Manufacturing (M2-1) district of Bronx Community District 1, a Community District that contains between eight and twelve percent of existing lawfully operating transfer stations in New York City. The 4.44-acre (approximately 193,214 sq. ft.) project site is bounded by the East 149th Street Bridge to the north and to the south by a continuation of the M2-1 district. The project site is bounded on the west by the Harlem River and on the east by Exterior Street and an elevated portion of the Major Deegan Expressway. There are no residential districts, hospitals, public parks, schools, or other non-putrescible solid waste transfer stations within a 400-foot radius of the site.

The proposed modification would not change BCR’s current estimated maximum throughput of 1,000 cy of fill material per day. The operation of the facility would be similar to what is currently occurring on the site and also its hours of operation would remain 24 hours a day, Monday through Sunday. There will be no increase in truck traffic. No equipment will be added. The facility will continue to accommodate all truck parking and queuing on site. BCR’s daily activities will continue to include check-in, inspection, and weighing of incoming delivery trucks; the dumping of fill material onto tipping area; inspection and manual removal of unacceptable material; sorting, screening and/or crushing of accepted material; short-term storage of processed material for sale; and daily transportation off-site of any residual solid wastes. Dust suppression measures will continue to be employed.

Contact: Abas O. Braimah, DSNY Bureau of Legal Affairs, Room 708, 125 Worth Street, New York, NY 10013.


Positive Declaration And Public Scoping

New York City (Staten Island) County - The NYC City Planning Commission, as lead agency, has determined that the proposed Motorsports Entertainment Complex on Staten Island (CEQR No. 05DCP043R - ULURP Nos. Pending) may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on Thursday, April 27, 2006 at 6 p.m. at PS 80 (Michael Pedrides School), located at 715 Ocean Terrace, Staten Island, NY 10301. Written comments will be accepted by the lead agency through the tenth day following the scoping meeting. Copies of the Draft Scope of Work and the Environmental Assessment Statement may be obtained from the Environmental Assessment and Review Division (EARD), New York City Department of City Planning, 22 Reade Street, 4E, New York, New York 10007, Robert Dobruskin, Director (212) 720-3423; or from the Office of Environmental Coordination, 100 Gold Street, 2nd Floor, New York, New York 10038, Robert Kulikowski, Director (212) 788-2937. The Draft Scope of Work and scoping protocol will also be made available for download at www.nyc.gov/planning. The proposal involves an application by 380 Development, LLC, for several discretionary actions, including zoning map and text amendments and special permits (described in more detail below) to facilitate the development of a motorsports entertainment complex on Staten Island, consisting of a speedway, retail center and publicly accessible open space (including an esplanade along the Arthur Kill). The project site is located southwest of the interchange of the Staten Island Expressway (I-278) and the West Shore Expressway (I-440) and directly east of the Arthur Kill waterway, in the Bloomfield section of Staten Island, Community District 2.

The proposed speedway would contain grandstand seating for up to 80,000 spectators and would be used primarily for stock car racing events staged a maximum of three weekends per year. The speedway would have parking for 8,400 cars, 635 recreational vehicles and up to 1,000 buses (approximately 100 acres of unpaved parking area associated with speedway events could be used as publicly accessible open space on non-race days). The retail component of the proposal would consist of four buildings containing approximately 619,625 gross square feet of commercial retail space and approximately 2,815 parking spaces. The proposed project would also include associated transportation facilities and infrastructure, including a ferry landing and helicopter pads for use during speedway events.

The project site is approximately 675 acres in size and is largely undeveloped with the exception of a vacant building located on the western portion of the project site (along the Arthur Kill) and an administration building that currently houses an office for the applicant’s site manager. The site is currently mapped with M2-1 and M3-1 zoning districts, which allow medium and heavy industrial uses constructed to an FAR of 2.0. Portions of the site were previously occupied by bulk oil and liquid natural gas storage facilities. The inactive, city-owned Staten Island Rail Road (SIRR) bisects the project site. The applicant has easements in place to allow for pedestrian and vehicular crossing of the SIRR right-of-way. In addition, the site also contains extensive wetland areas (totaling approximately 240 acres of both tidal and freshwater wetlands) and a storm water management system that consists of a network of catch basins, oil traps, lift stations, and sewer piping.

Contact: Robert Dobruskin, NYC City Planning Commission, Environmental Assessment & Review Division Department of City Planning, 22 Reade Street, New York, NY 10007, phone: (212) 720-3423.