Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 03/29/2006

Orange County

Applicant: City of Middletown
16 James St
Middletown, NY 10940 -5710
Facility: Middletown STP
Dolson Ave Ext
Middletown, NY 10940
Application ID: 3-3309-00038/00002
Permit(s) Applied for: Article 17 Titles 7 & 8 Municipal SPDES
Project is Located: Middletown, Orange County
Project Description:
The Department of Environmental Conservation has tentatively determined to issue a draft modification of the State Pollutant Discharge Elimination System (SPDES) permit held by the City of Middletown for discharge from their Wastewater Treatment Plant (WWTP.)  This modification was initiated by the permittee in an application received 21 August 1998 and encompasses upgrade/expansion of the plant.   The permittee plans to replace the activated sludge process at the WWTP with aerated biological filters, increasing the capacity to 6 million gallons per day (MGD) to an authorized flow of 8.1 MGD. They will also provide sludge digester improvements. The upgrade is required as a corrective action under consent order #R3-20040308-27.

The following changes are proposed in the current draft permit:

A stormwater outfall was added to the permit.

Interim limits were provided for the period of construction. These limits are the same limits found in the current permit.

Final limits were provided for the period beginning at startup of the upgraded facility. The following limits have been revised:
Flow - Flow was increased from 6.0 mgd to 8.1 mgd based on the design annual average flow of the proposed facility.
Ammonia - Ammonia concentration limits were reduced slightly in proportion to the increase in flow. The ammonia limits are water quality based effluent limits, which are designed to be protective of the best usage of the receiving water body. The stream flows (MA7CD/10 year and MA30CD/10 year) used to calculate dilution in the waterbody were revised based on a USGS analysis. Using these flows in the analysis resulted in a slight increase in the allowable loading to the Wallkill River. The ammonia limits are monthly averages.
Ultimate Oxygen Demand, (UOD) - Based on information provided by the permittee concerning an increase in oxygen levels during the travel time in their outfall pipe, the new design flow, and the new USGS flows, the June - October UOD water quality based effluent limit was recalculated to an acceptable load of 2330 lbs/day and 3405 mg/l, as a monthly average.
Influent Sampling - Influent sampling of settleable solids, TKN, ammonia, pH, and temperature are removed from the draft permit, as this information is no longer needed.
Total Residual Chlorine, (TRC) - The TRC level was reduced slightly, from 0.12 mg/l to 0.1 mg/l.

A Stormwater Pollution Prevention Plan (SWPPP)  was added to the draft permit, as the permittee has an existing stormwater outfall on the site. This outfall is no longer required to be covered under the General Stormwater Permit, but will be covered under the SPDES permit. The requirement to develop the SWPPP is carried over from the General Permit.

A process flow diagram, showing the location of sampling points, is included in the draft permit.

A new address and phone number for the Regional Water Engineer are included on the last page of the permit.
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:
Middletown City Planning Commission
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 Apr 28 2006.
Contact: Andrea Sheeran Glick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Applicant: Rutherford Chemicals LLC
41 Arden House Rd
Harriman, NY 10926
Facility: Nepera Inc
41 Arden House Rd
Harriman, NY 10926
Application ID: 3-3358-00045/00079
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Woodbury, Orange County
Project Description:
The Department of Environmental Conservation has initiated a modification of the State Pollutant Discharge Elimination System (SPDES) permit for the Nepera Facility located in the Town of Woodbury in Orange County. This modification is undertaken pursuant to 6 NYCRR Part 750-1.18, New York State's  Environmental Benefit Permit Strategy (EBPS) and other requirements related to the closure of the production process at the facility.  The effluent now consists of only stormwater runoff collected on the site and discharged from two groundwater remediation wells. The following changes to the permit have been proposed:  

Corrected the SIC Code from 9511 to 2869 (Industrial Organic Chemicals, NEC).

Corrected facility name on the first page.

The sampling frequencies for all parameters in Outfall 002 were changed to once per discharge since the production process at the facility is shutdown and in the process of being demolished.

Influent monitoring at 02A was removed from the permit, as well as net limits on 002, since Nepera is no longer taking water from a ponded area of the Ramapo River. Thus, outfall 02A is removed from the permit.

The mercury limits for outfalls 002, 02B and 02C were reduced to reflect actual discharge levels analyzed with EPA Method 1631. The limit of 251 ng/l at Outfall 002 is the 99th percentile of the discharge levels from January 2005 - December 2005. The limit at Outfall 02B reflects the capability of the treatment technology used on the remediation well during the period October 2003 through September 2004.  The limit at Outfall 02C reflects the capability of the treatment technology used on the remediation well during the period February 2003 through April 2004.

Added monitoring of total residual chlorine to outfalls 02B and 02C as breakpoint chlorination is used to treat groundwater. A re-opener clause is added so that the Department may add a limit for total residual chlorine, if necessary, after review of the monitoring data.  

Special Condition E (approvable definition) and F (2/month side-by-side mercury monitoring) were removed from the permit as no approvable reports are due to be submitted and the side-by-side monitoring is no longer required.

The water treatment chemical and toxicity testing requirements were removed from the permit due to the shutdown of production processes.

The address and phone number of the Regional Water Engineer, on the last page of the permit, were corrected.

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 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 2006.
Contact: Andrea Sheeran Glick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Rockland County

Applicant: Rockland Bakery
94 Demarest Mill Rd
Nanuet, NY 10954
Facility: Rockland Bakery
94 Demarest Mill Rd
Nanuet, NY 10954
Application ID: 3-3920-00257/00003
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Clarkstown, 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 located in Nanuet, Rockland County.
    Facility will limit NOx emissions to 22.5tpy (below major thresholds).  Facility is installing three (3) new 280kw engines.  The engines are limited to a total of 65,700 gallons per year of #2 fuel oil and 107 cubic feet of natural gas.
    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.  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 Apr 28 2006.
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: Village of Saugerties
43 Partition St
Saugerties, NY 12477
Facility: Saugerties (V) Dock Street STP
Dock St
Saugerties, NY 12477
Application ID: 3-5148-00042/00003
Permit(s) Applied for: Article 17 Titles 7 & 8 Municipal SPDES
Project is Located: Saugerties, Ulster County
Project Description:
The Department of Environmental Conservation (DEC) has initiated a modification the State Pollutant Discharge Elimination System (SPDES) permit held by the Village of Saugerties for an existing discharge of sanitary wastewater to the Esopus Creek from the Dock Street Sewage Treatment Plant.  This modification is initiated under the Environmental Benefit Permit Strategy (EBPS) pursuant to the Chapter 702 of the Consolidated Laws of 1994 and DEC Technical and Operational Guidance Series 1.2.2 . SPDES number NY 003 1208.

This fact sheet describes the modifications to the permit. The permit was modified in the following ways:

Permit pages -
Updated permit pages are used, based on current Department guidance, format and nomenclature.
Permit pages are renumbered and reordered.
The address for the Bureau of Watershed Compliance and for the Regional Water Engineer on the Recording, Reporting and Monitoring page have been updated.

Mass limits - Mass limits for BOD5 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.

Influent sampling - The influent sampling requirements for TKN, Ammonia, pH, Settleable Solids, and Temperature have been removed from the permit.  This information is no longer required.

Compliance schedule - A compliance schedule has been added to the permit to test for cyanide. Cyanide was detected in the WWTP effluent and listed in the EBPS Request for Information application returned to DEC.  
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 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 28 2006.
Contact: Andrea Sheeran Glick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Westchester County

Applicant: Northern Westchester Hospital Center
400 E Main St
Mount Kisco, NY 10549
Facility: Northern Westchester Hospital Center
400 E Main St
Mount Kisco, NY 10549
Application ID: 3-5556-00056/00001
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Mount Kisco, 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 facility located in Mount Kisco, Westchester County.
    This permit application pertains to the operation of three boilers at the Northern Westchester Hospital Center. Two of the boilers are rated at 58 mmbtu/hr each and the third boiler is rated at 12.2 mmbtu/hr each.   The boilers serve the facility’s chillers as well as they supply heat and hot water. The Facility has chosen to cap out of Title V, (6NYCRR 201-6) by limiting their annual emission of NOx to 45,000lbs.
To stay in compliance with the conditions of the proposed permit the facility will monitor the annual consumption of natural gas and No. 2 oil.
    The facility shall submit semi-annual compliance reports. In addition, the facility shall maintain records pertaining to all permit requirements. Applicable regulations include  6 NYCRR Parts 201, 211, and 225.
    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 Apr 28 2006.
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

Region 3 SEQR and Other Notices Region 3 SPDES Renewals