ENB Region 6 Completed Applications 06/28/2006

The applicant proposes to develop and operate an 8.0 acre surface sand and gravel mine within a 188 acre parcel north or Route 5.  The project site is the applicants property 100 feet north of NYS Route 5, 1,600 feet west of Gun Club Road, 3 miles west of Little Falls.  The mine is intended to operate as a traditional surface extraction of the Phelps series of gravelly fine sandy loams and Hudson silt loam which are the predominate soil type on the site.  Mining is not proposed to take place below the local water table. Excavation will be done by mechanical equipment, standard for sand and gravel mining operations.  Mining is proposed to remove approximately 200,000 cubic yards of aggregate sand and gravel over the estimated 40 year operational life of the mine. Material will be stockpiled as unprocessed “run-of-bank”, or processed with portable screens and crushers.  If the maximum processing rates for the screen and crushing operations will exceed 150 tons-per-hour (TPH), an air source permit(s) will obtained . Final reclamation will restore the site to 8.0 acres of revegetated open space.  Reclamation will include the replacement of stockpiled topsoil, and re-seeding with an approved USDA SCS seed mixture.  The reviewed life-of-mine area is 8.0 (LOM) acres.

This is a Department initiated modification to implement a department initiative to ensure compliance with the Clean Water Act.  On April 19, 1994, the United States Environmental Protection Agency (EPA) officially noticed  the Combined Sewer Overflow (CSO) Control Policy (Policy) to establish a consistent national approach for controlling discharges from all CSOs to the waters of the United States.  The Policy provides guidance to permittees and National Pollutant Discharge Elimination System (NPDES) permitting authorities on the implementation of both the technology-based controls, called the Nine Minimum Controls (NMCs), and development and implementation of water quality-based requirements, i.e., a Long Term Control Plan (LTCP).

In the Policy, EPA required that NPDES and SPDES permits would be modified to include the CSO requirements.  EPA also set a goal for municipalities to implement the NMCs by January 1, 1997 and develop a LTCP two years later.  As the NPDES permitting authority for New York State, the DEC has entered into an agreement with EPA to modify all remaining CSO SPDES permits in New York State in order to be in compliance with the Clean Water Act.  DEC has tentatively determined to issue a modified SPDES permit to the above referenced facility to incorporate requirements of the CSO Control Strategy into the permit.  The following significant changes are proposed to SPDES Permit NY 002 5780 :

Limits Pages/Monitoring Periods - The permit has reduced the number of limits pages and monitoring periods from four (Nov. 1 - April 30,

May 1 - May 31, June 1 - June 30, and July 1 - October 31) to two (Nov. 1 - April 30 and May 1 - October 31).  The new monitoring periods reflect a Winter season in which nitrification is not required and a Summer season in which nitrification is required.

Flow - Flow is specified as the minimum which must be accepted at the WWTP for each season (Winter and Summer).  The Flow rates are specified as follows, based on the treatment plant’s demonstrated ability and affirmation that it can adequately treat to these Flow levels:

    - November 1 to April 30 - Increased from 48 MGD to 53 MGD

    - May 1 - October 31 - Increased from 40 MGD to 48 MGD

NOTE: The updated Flow thresholds were not used for computing the load limits for BOD, TSS, and TKN.  The load limits for these parameters are based on the previous Flow thresholds, which means that there is no net reduction in stringency of parameter effluent limits.  See discussion for each parameter below.

Flow, Daily Maximum - This monitoring requirement is added for additional information, in consideration of historical sewer system surcharging and overflows, and the fact that the Flow rate at the headworks of the WPCP must be adjusted in response to wet weather flows.

BOD_5, 30-Day Average - Mass loading limits from the previous permit are carried over to the modified permit, based on the former Flow rates of 48 MGD for the period November 1 - April 30, and 40 MGD for the period May 1 - October 31.

BOD₅, Daily Maximum - This monitoring and reporting requirement is added because the Department would like this additional information.

CBOD₅ - Seasonal limits for May, June and July 1 - October 31 are eliminated and a new single Summer season monitoring period is specified.  The previous permit’s Minimum Flow threshold of 40 MGD, and not the updated Flow threshold of 48 MGD (Summer), was used for computing the load limits.  The most stringent seasonal water quality-based mass loading limit (July 1 - October 31) from the previous permit, for the 30-Day Average, is carried over to the modified permit for the 30-Day load limit.  A new 7-Day Average limit is added, as required by the regulations.  The 7-Day Average mass limit is computed by applying a factor derived from EPA Technology concentration limits to the existing 30-Day mass limit, i.e. (40/25)(30-Day limit).

CBOD₅, Daily Maximum - This monitoring and reporting requirement is added because the Department would like this additional information.

TSS - Seasonal limits for May, June and July 1- October 31 are eliminated and new Winter and Summer seasonal monitoring periods are specified.  The updated Flow thresholds of 53/48 MGD were not used for computing the load limits.  The most stringent water quality based mass loading limits from the previous permit are carried over to the modified permit.

TSS, Daily Maximum - This monitoring and reporting requirement is added for both Summer and Winter seasons, because the Department would like this additional information.

Settleable Solids, 30-Day Average - This monitoring and reporting requirement is added for both Summer and Winter seasons, because the Department would like this additional information.

TKN, 30-Day Average - Seasonal limits for May, June and July 1- October 31 are eliminated and new Winter and Summer seasonal monitoring periods are specified.  The updated Flow thresholds of 53/48 MGD were not used for computing the load limits. The most stringent water quality based mass loading limits from the previous permit are carried over to the modified permit.

TKN, Daily Maximum - This monitoring and reporting requirement is added for both Summer and Winter seasons, because the Department would like this additional information.

Fecal Coliform Daily Maximum - This monitoring and reporting requirement is added for both Summer and Winter seasons, because the Department would like this additional information.

 

Alkalinity - This parameter is deleted from the permit, as it is not necessary for monitoring.

Copper, Dissolved - The Action Level is eliminated and is replaced by a new Action Level for Total Copper.

Copper, Total Recoverable - The Action Level is eliminated and is replaced by a new Action Level for Total Copper.

Copper, Total - This new Action Level and monitoring requirements are added.  The new Action Level • (1.8 Translator) x (Dissolved Cu 99%ileLN) x (1.5 additional margin).

Chlorine, Total Residual - 30-Day Average - This monitoring and reporting requirement is added for the Summer season, because the Department would like this additional information.

Chromium, Total - This water quality-based limit of 38 lb/d is converted to a “Monitor” only requirement (no numerical threshold) because all monitoring data are non-detect. The monitoring frequency is also changed from Monthly to Quarterly.

Lead, Total Recoverable - This Additional Monitoring Requirement is eliminated and replaced by a Total Lead monitoring requirement.

Lead, Total - This new “Monitor” only requirement is added to replace the Additional Monitoring Requirement for Total Recoverable Lead.  The monitoring frequency is changed from Yearly to Quarterly.

Phenols, Total  - The existing Action Level of 4.8 lb/d was exceeded twice in 2004, with numerous detects observed in monitoring dating back to 2001.  This Action Level is increased to 7.0 lb/d based on 99th percentile monitoring data.

Zinc, Dissolved - This Action Level is eliminated since it is reflected in a new Total Zinc Action Level.

Zinc, Total Recoverable - This Action Level is eliminated since it is replaced by a new Total Zinc Action Level.

Zinc, Total - This new Action Level and monitoring requirement is added and replace the Additional Monitoring Requirements for Dissolved Zinc and Total Recoverable Zinc.

Bis(2-ethylhexyl)Phthalate - The monitoring frequency is changed from Yearly to Quarterly.

Toluene - The monitoring frequency is changed from Yearly to Quarterly.

Ethylbenzene - The monitoring frequency is changed from Yearly to Quarterly.

Tetrachloroethylene - The monitoring frequency is changed from Yearly to Quarterly.

Trichloroehene - The monitoring frequency is changed from Yearly to Quarterly.

Xylenes, Total - The monitoring frequency is changed from Yearly to Quarterly.

In a letter dated February 24, 2006, the Department advised the permittee of its determination that the Sauquoit Creek Pump Station overflow is an SSO rather than a CSO.

This Department has received a request to issue a permit and has drafted an Article 19

(Air Pollution Control) of the Environmental Conservation Law, an Air State Facility permit, at the facility located at 525 French Road, Utica, NY 13502. This facility manufactures products for use in the medical field.

The Department has made a tentative determination to approve the application of Connmed Corporation's Air State Facility permit.  This permit was requested since the facility has modified their operation under their current air registration to include a source that is regulated under 40 CFR 63 Subpart T-Vapor degreasing.  This permit allows the operations of emission units 1-BOIL1, 2-BND01, 3-INJ01, and 4-D0022,  which includes the operation of boilers for heating of the facility, manual parts assembly, bonding, pad printing , plastic extrusion and packaging, injection molding to form medical supplies, and wire winding operations with manual assembly, bonding, injection molding, extruding, ink application, and vapor degreasing.   The facility also has QA and R&D operations and thermal packaging operations which are exempt from permitting. The permit allows Conmed to increase injection molding capacity above the current operational capacity with certain requirements. The facility has capped out of Title V permitting requirements, and 40 CFR 63 subpart PPPP  by tracking and restricting it's emissions of Hazardous Air Pollutants below individual emissions of 10 tons per year and cumulative emissions of 25 tons per year, and capped out of Title V and 6 NYCRR Part 228 requirements by tracking and restricting its Volatile Organic Compound emissions below emission levels of 50 tons per year.  The Facility has also limited production of molding operations and shall monitor exhaust fan operations in emission points in order to meet Annual Guidance Concentrations and Short Term Guidance Concentrations for several of NYSDEC's air toxic contaminants. The draft permit with conditions is available for review in the Region 6 NYS DEC offices in Watertown and Utica, New York.

The applicant proposes to add 3.9 acres to a 155.2 acre lifeof mine, limestone, sand and gravel and granitic gneiss facility on a 274 acre parcel owned by the applicant.  The site is located east of NYS Route 12, approximately one mile north of the Village of Boonville. The added acreage will provide plant and stockpile area and quarry pump out settling ponds.