ENB Region 7 Completed Applications 06/28/2006

The New York State Department of Environmental Conservation (Department) has reviewed the application from the above facility for renewal of its hazardous waste management Part 373 permit.

The application was submitted by Ashland Distribution Company, Division of Ashland Inc., 3 Broad Street, Binghamton NY 13902.

The Department has made a tentative determination to renew and modify the 6NYCRR Part 373 Permit to operate a hazardous waste storage facility.

There is a public comment period on the draft permit which will extend through 08/14/06.

FACILITY DESCRIPTION

The NYS DEC has reviewed the permit application for renewing the Ashland Distribution Company’s existing hazardous waste storage permit and made a tentative determination that the application is complete and the Part 373 Permit can be renewed. This will authorize the applicant to continue the storage of 42,900 gallons of off site generated hazardous waste in containers at this facility, prior to transhipping the wastes to off-site authorized treatment/disposal facilities.

The applicant Ashland Distribution company is a wholly owned subsidiary of Ashland Inc. It specializes in the collection, transportation and transfer of wastes to final authorized treatment disposal facilities. The Ashland Distribution Company’s Binghamton facility is located at 3 Broad Street, Broome County, Binghamton, New York.  The facility size is 2.7 acres. The facility is in an area which is zoned as generally industrial and as such is compatible with land use in the area.  The properties immediately adjacent to the facility are: The Delaware and Hudson railroad tracks to the west, Bevier Street to the south, Broad Street to the east, and the City of Binghamton Public Works facility to the north.  The site is not located in the flood plain. This facility once served as a solvent and chemical distribution site.  These operations are no longer performed.  The facility now functions as a storage facility for off-site generated hazardous wastes. The facility is operating under the State hazardous waste management permit (7-0302-00068/00011) which expired on May 31, 2005.

Ashland 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 Ashland.   

Ashland submitted a permit renewal application on December 3, 2004 which was reviewed and revised to meet the regulatory requirements. The renewal application is determined by the Department to be complete.

The facility is currently permitted to store 42,900 gallons of off site generated hazardous wastes. These wastes are received from chemical industries, typically, from  printing, adhesives, metal working, commercial, education and government customers. No treatment or disposal of hazardous waste is permitted at the facility.  Off site generated wastes are transported to the facility in containers which meet the U.S. Department of transportation specifications.  Incoming wastes  in containers are placed on pallets and stored in six designated storage areas segregated according to waste compatibility.

CURRENT STATUS OF CORRECTIVE ACTION REQUIREMENTS

Ashland conducted a RCRA Facility Investigation and reported on the results of the investigation in a Report dated July 12, 1996 to the Department. The report concluded that no environmentally significant releases to the soil had occurred, and that no further investigation of soils at the facility would be necessary.  The report also concluded that the groundwater at the facility has been impacted by Volatile Organic Contaminants (VOCs).  To assess the groundwater contamination, in accordance with a Department approved Work Plan dated June 30, 1999, Ashland installed additional monitoring wells. Ashland submitted a Groundwater Monitoring Plan to DEC in August 2000 which was reviewed and subsequently approved by the Department in January 2001. Groundwater monitoring results obtained  indicated that VOCs migrated offsite west of the facility. DEC requested Ashland to submit a work plan to perform additional offsite groundwater and soil gas monitoring. A work plan was submitted by Ashland and it was approved by DEC in July 2005.  Based on the October 2005 offsite groundwater and soil gas monitoring results, DEC directed Ashland to submit a work plan for indoor air sampling in residences west of the facility boundary. A Work Plan was submitted by Ashland and approved by the Department. In accordance with the approved plan Ashland has begun indoor air monitoring of the residences west of the facility boundary in November 2005.  

Currently Ashland is developing interim corrective measures for Groundwater Contamination (Area Of Concern - AOC 1) and Soil Vapor and Indoor Air Contamination (Area Of Concern -AOC 2).  Ongoing interim corrective measures for AOC 1 consist of semi-annual monitoring for VOCs at four on-site and one off-site groundwater monitoring wells.  Ongoing and proposed interim corrective measures for AOC 2 include on-site and off-site soil vapor sampling for VOCs, sub-slab and indoor air sampling for VOCs at off-site residential properties, and installation of sub-slab depressurization systems or other mitigation systems for properties adversely impacted by soil vapor and/or indoor air contamination.

TENTATIVE DETERMINATION AND SEQR STATUS

After review of the permit renewal applications, the Department has found it to be complete.  Based upon the complete application, the Department has made a tentative determination to renew  the 6NYCRR Part 373 Permit for the facility for the continued storage of  hazardous waste and 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) as well as with all other applicable hazardous waste management laws and regulations.

Pursuant to Part 617 of the New York State regulations for Article 8, SEQR (the State Environmental Quality Review Act), the Department has determined that the proposed action to renew the 373 Permit is a Type II action which is not subject to further procedure under SEQR.

DOCUMENT AVAILABILITY

Copies of the draft permit, the supporting permit applications, and the Fact Sheet are available for inspection at:

New York State Department of Environmental Conservation,

Region 7 Office,

Division of Environmental Permits,

1285 Fisher Avenue

Cortland, NY 13045-1090

Contact Person:  Mr. Michael Barylski

Telephone No: (607) 753-3095 ext. 233

A copy of the Fact Sheet, which summarizes the permitting process, the permit application and draft permit, may be obtained by contacting the above contact person.

A mailing list will be maintained for this facility.  The public can submit a written request to the above contact person to put on the mailing list.

Copies of these documents are also available for inspection at:

New York State Department of Environmental Conservation,

Bureau of Hazardous Waste Management (Room 448)

Division of Solid and Hazardous Materials

625 Broadway

Albany NY 1233-7258

Contact Person: Isaac Natarajan

Telephone No: (518) 402-8623

HOW TO PROVIDE YOUR COMMENTS

All comments will be considered and evaluated in making the final determination to issue the permits.  Prior to the approval of the permits, the Department will respond to any comments submitted by the public.  If warranted, changes will be made in the draft versions.  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.

In lieu of, or in addition to the submittal of written comments, any interested person(s) may request a public hearing as per 6NYCRR Part 621.  A request for a public hearing must be made in writing, stating the nature of the proposed issues to be raised in the hearing.

Comments on the 6NYCRR Part 373 Permit, the Part 360 Permit  and/or requests for a hearing must be sent no later than 08/14/06 to Michael Barylski at the above Region 7 Office address.

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), Part 360 (Solid Waste Management Facilities), Parts 370-374 (Hazardous Waste Management Facilities) and Part 376 (Land Disposal Restrictions).

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