ENB Region 8 Completed Applications 07/12/2006

A draft permit has been developed for a second modification of one of the Title V Permits for the Eastman Kodak Co  Kodak Park facility. Kodak Park, located in the City of Rochester and the Town of Greece in Monroe County, produces photographic films, papers, and synthetic organic chemicals. The facility has 59 Emission Units with air contaminant emissions. The permit being modified covers 56 of these Emission Units. Another Title V Facility Permit, 8-2614-00205/01827 covers the remaining three emission units.

A second modification of the Title V facility permit, known as MOD-2, was made available for public comment on January 5, 2005 which incorporated permit changes based on Kodak’s comments and resolution of disputed issues which remained after issuance of MOD-1.  Prior to issuing that version of MOD-2, the Department received an Order from EPA (“Order Responding to Petitioner’s Request that the Administrator Object to Issuance of a State Operating Permit”) which mandated certain revisions to the permit, as explained below.  MOD-2 has been further revised to address EPA’s Order and additional operational changes submitted by Kodak, as described below.  Additional detail can be found in the Description found on first page of the draft permit and the Permit Review Report (PRR). Please see the Document Availability portion of this Notice for more details.

Changes to Address EPA’s Order on Kodak’s Title V Operating Permit

The Department received an Order from EPA, signed February 18, 2005, which grants in part and denies in part a petition submitted by New York Public Interest Research Group (NYPIRG) which objected to portions of Kodak’s Title V permit, issued February 20, 2003.  In a March 28, 2005 letter, EPA provided a summary of objection issues in the Order and advised the Department of additional issues requiring permit revisions which arose during EPA’s review of the petition.  After additional discussion and EPA’s consideration of further information, EPA amended their Order as it related to certain permit revision mandates.  EPA’s Order resulted in the modification of some conditions in the permit and enhancement of the Permit Review Report (PRR) to clarify requirements and permitting rationale and improve compliance assurance methods. For example, monitoring conditions for certain solvent cleaning units were revised to specify additional work practice and record keeping requirements.  A new facility-level condition was added to assure that Kodak adequately documents when it operates under each of its permitted operating scenarios.  The PRR “Basis for Monitoring” section has been expanded to provide explanations of the monitoring requirements.

Changes to Resolve Issues Kodak has Identified in its List of Contested Permit Conditions.

Immediately following issuance of the initial Title V Facility Permit in February 2003,  Kodak requested an adjudicatory hearing to contest issues associated with permit content. Subsequent to the hearing request, Department staff and Kodak met on a regular basis to resolve these issues. Approximately 125 of the disputed issues were resolved with changes made in the first modification, known as MOD-1, which was issued on March 1, 2004.  MOD-2 includes changes to resolve the remaining 33 disputed issues as well as 14 additional issues which Kodak contested following issuance of MOD-1. The most significant changes in MOD-2 related to these contested issues include: 1) Compliance reporting for state enforceable permit conditions is now upon the Department’s request rather than semi-annually, 2) allow submission of semi-annual report for federal enforceable monitoring conditions 60 days after the reporting period rather than 30 days, and 3) Revisions of compliance monitoring conditions for sources subject to standard requirements of 6NYCRR Part 212 (General Processes), Part 226 (Solvent Metal Cleaning), Part 228 (Surface Coating), Part 229 (Petroleum and Volatile Organic Liquid Storage and Transfer), and Part 234 (Graphic Arts). Other changes include the revision or removal of permit conditions to eliminate redundancy, clarify monitoring requirements, or address recent revisions to applicable regulations.

Facility Changes Under Operational Flexibility Provisions of Title V Facility Permit

The Title V Facility Permit includes a protocol, the Operational Flexibility Plan, to allow Kodak to make changes not subject to Title V permit modification provisions, provided that these changes meet certain criteria stated in the protocol. Since MOD-1 was issued, the Department has reviewed and approved 108 Notifications of Changes under the protocol. Permit changes related to these Notifications have been incorporated into MOD-2.  Many of these changes involve addition or deletion of emission sources, addition of contaminants to emission sources, and increases of emissions from existing emission sources. These changes do not require federal enforceable emissions caps nor do these represent changes which may have a significant impact on air quality.    

Changes from Review and Approval of Reasonably Available Control Technology (RACT) Evaluation Reports for Reducing Emissions of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOx).

This modified permit includes conditions for new or revised process-specific limits on emissions of VOC and NOx from emission points subject to RACT requirements included in 6NYCRR Parts 212, 226 (VOC only), and 228 ( VOC only).  If Kodak’s RACT Evaluation Reports demonstrate to the Department that an Emission Point (EP) cannot achieve the RACT requirements in terms of control of emissions, content of VOC, or other specific process parameters for reasons of technological or economic feasibility, the Department may accept a lesser degree of control. If the Department finds the RACT Evaluation acceptable, conditions are added to the Title V Permit to establish VOC or NOx emission limits or require emission reduction measures. In MOD-2, RACT-related permit changes involve: establishing new process-specific VOC emission limits; eliminating previously applicable RACT limits due to source changes or shut-downs; changing previous process-specific VOC or NOx limits as a result of RACT re-evaluation demonstrations; and changing permit conditions with no changes to process-specific VOC limits as a result of RACT re-evaluation demonstrations. The Department has approved the following new or revised process-specific VOC RACT limits.  For EP 110C6 (EU U00001), the approved Part 212 RACT re-evaluation resulted in a decrease of the VOC emission limit from 71.3 tons per year (tpy) to 30.02 tpy.  Similarly, for EPs R1601 and R1602 (EU U00017), the approved limit decreased from 33.8 tpy to 11.0 tpy.  EPs 03816 and 03810 (EU U00047) have revised limits of 2.0 tpy and 0.47 tpy, respectively decreased from the previously permitted amounts of 4 and 20 tpy.  EPs 30105, 301X1, 301X2, 303A8, 303X1,303X2, 30403, 304A0, 304B0, 304X1, and 304X2 (EU U00060) have a revised combined limit of 150 tpy which is a 50 tpy decrease from the previous limit. EPs D6305, 12001 and 120A5 (EU U00021) have revised limits of 0.09 tpy, 0.98 tpy, and 4.1 tpy, respectively. Compared to the previously permitted limits for these three emission points, the new limits result in an overall increase from 3.55 tpy to 5.17 tpy. EPs 030N1 (EU U00012) and 030M9 (EUU00080) have new VOC emission limits of 8 tpy and 9 tpy, respectively, based on a Part 212 RACT evaluations submitted according to a compliance plan which was included in the initial Title V permit.  Based on a Consent Order for Kodak’s Polymer Dept (Case No. R8-20020322-15), process changes were required which resulted in new Part 212 VOC RACT limit for EPs 31705, 31707, 31709 and 317W5 (EU U00024) of 0.6 tpy and a limit for EP 317W3 (EU U00024) of 3.1 tpy.  A new Part 212 VOC limit for EP 329M3 (EU U00054) of 3.11 tpy was approved.  A new Part 228 VOC RACT limit was established for EPs 05989, 05990, 05991, 05996, 05997, 05998, 05999 (EU U00085) of 1.6 tpy. A Part 228 VOC RACT limit of 8 tpy was issued in MOD-1 for EPs 49-32, 49-63, 49-70, 49-17, 49-04, 49-13, and 49-44 (EU U00071).  This RACT limit replaces a previous limit of 2.7 tpy.  In addition to these RACT re-evaluations which have resulted in increases or decreases to previous process-specific VOC emission limits, there were several RACT re-evaluations which resulted in no change being made to the previously established VOC emission limits.  Based on a stack test, the Department has determined that emission controls on EP 14302 (EU U00019) reduce NOx emissions by 99% making the previously established Part 212 RACT emission limit of 8 tpy of NOx unnecessary. Permit conditions in MOD-2 have been revised to include operating requirements to maintain the control efficiency demonstrated during the stack test. EP 08111 (EU U00020) is subject to the Part 226 RACT requirements for VOC emissions from degreasers.  In order to demonstrate compliance with Part 226 RACT  requirements for cold cleaner degreasers that cannot use a compliant solvent after January 1, 2004, a VOC limit of 1.5 tpy for EP 08111 has been included in MOD-2.

Other Revisions Associated with Changes to Kodak Park Operations

Two new emission units, EU U-00087 and U-00088, have been added to Kodak’s Title V MOD-2 permit to address the transfer of ownership of manufacturing operations from NexPress Solutions LLC to Eastman Kodak Co.  The permit changes reflect the additional emission sources and applicable requirements, including a new Part 228 VOC RACT limit of 4.34 tpy for Process N20 (EU U-00088).  Other revisions to MOD-2 incorporate changes to EU U-00054 for the modification of the conveyance system for a coating machine at Bldg 329 to allow greater production.  These changes include an increase of the VOC cap to 80.2 tpy, which limits the project emissions below the 40 tpy threshold for New Source Review (NSR) requirements of 40 CFR 52.21 (Prevention of Significant Deterioration) and 6 NYCRR Part 231-2.  Another revision to MOD-2 is the addition of a permit condition for EU U-00020 which provides a schedule for complying with the requirements of 40 CFR 63 Subpart BBBBB (Semiconductor Manufacturing MACT) within the one year allowed by the extension granted to Kodak in accordance with the requirements of 40 CFR 63.6(I).  These projects are described in more detail in the Permit Description on the first page of the MOD-2 Title V Facility Permit.

Changes to the State-Only Enforceable Portion of Permit Related to Controlling Emissions of Toxic Air Contaminants by Best Available Control Technology (BACT) as required in 6NYCRR Part 212.

In the State-Only Enforceable Conditions portion of the Title V Facility Permit, changes have been made to reflect the Department’s review and approval of BACT Reports for evaluation of measures to reduce emissions of toxic contaminants from sources subject to 6NYCRR 212.4  requirements. Under 6NYCRR Part 212, Table 2, the degree of emissions control depends upon the environmental rating assigned to specific contaminants and the pounds per hour emission rate potential. The Department may approve a lower level of emissions control based on a BACT demonstration. If the Department finds the BACT demonstration acceptable, conditions are added to the Title V Permit, which establish emission limits for specified contaminants or require emission reduction measures.

The Department will review the public comments received on the draft permit 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. The 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 how to submit 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 exist relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law. 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

After the close of the public comment period and the completion of any hearing process, the Department will prepare a Proposed Permit that will be sent to the United States Environmental Protection Agency (USEPA) for review. In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the 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.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The Draft MOD-2 Permit and its Permit Review Report (PRR) are available in the Region 8 NYSDEC office in Avon, New York and on the Department’s website (“Changes Only” version) at http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html . The Changes-Only version contains only those permit conditions that are new, revised, or deleted (expired), when compared to the previously issued MOD-1- Title V Facility Permit (issued March 1, 2004) and does not include permit conditions which have remained the same. The PRR provides a summary of additional details of Emission Unit descriptions, facility emissions, Federal and State Regulations applicable to the facility, a list of Federal Regulations which are not applicable to the facility, and a list of required monitoring activities Kodak will need to perform to certify compliance with applicable Federal and State Regulations. Persons wishing to inspect the subject Title V file, including all relevant supporting materials, the draft permit, and all other materials available to the Department (the "permitting authority") relevant to this permitting decision should contact the Department representative below. It is recommended that an appointment be made to confirm the availability of the subject files. The Department will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 AM through 4:45 PM), unless the requester wishes to inspect the files at a later date.

The Brooks Landing Revitalization Project,which will include a hotel and a restaurant located adjacent to a public waterfront and promenade, is proposed to be developed on a 9 acre site at the intersection of Brooks and South Plymouth Avenues along the west bank of the Genesee River. The Brooks Landing Public Waterfront (promenade and boat landing) will be funded by the City of Rochester, while the hotel and restaurant are funded by a private developer. The boat landing is for use by excursion-type vessels, but can be used for up to four recreational vessels, depending on vessel size. The boat landing will consist of a 175 foot long pile-supported marginal concrete slab wharf system which will extend 16 feet riverward. The wharf design being proposed  replaces an original solid bulkhead  design which would have resulted in considerable more fill and habitat loss with the Genesee  River and was not supported by the U.S. Army Corps of Engineers or the NYS Department of Environmental Conservation.  The construction of the boat landing will involve disturbance of the bed and banks of the Genesee River, which is a NYS Protected Waterbody, with a Surface Water Classification of Class B, and a NYS navigable water way. Regulated activities include: excavation of 55 cubic yards of material to remove existing retaining wall and construction of the wharf on the bed and banks of the river; grading and placement of riprap for river bank stabilization on an area of 670 square yards underneath the proposed wharf; and dredging of an area of between 1,000 and 1,200 square yards (225  feet  along bank and 40 feet out from bank) and averaging 5 feet deep, which will result in the removal of an estimated  total of 1,840 cubic yards of material (estimated to be composed of 1,235 cubic yards of sediment and 605 cubic yards of rock).  Analysis of samples of sediment from within the proposed area to be dredged have been found to contain no appreciable contamination.  Removal, handling and disposal of dredged materials will be undertaken according to the procedures and methods to be included in a Dredging and Disposal Plan to be submitted for approval by the U.S. Army Corps of Engineers and the NYS Department of Environmental Conservation.

The applicant proposes the construction of 54 one-story senior townhouses on an 11.70 acre parcel. The proposed development includes the filling of 0.16 acres of federal jurisdictional wetlands and the placement of 50 linear feet of rip rap in an unnamed tributary of Larkin Creek.

The applicant proposes construction and development in NYS regulated wetland HR-12 and its adjacent area as part of the proposed Berkshire Park residential subdivision. Disturbance in the adjacent area will be limited to +/-1.5 ac. of grading and stormwater pond construction, and wetland fill is limited to 0.011 ac.  A wetland restoration plan will return 0.44 ac. of an existing town road to a functional portion of HR-12.  The project site is a 400 acre parcel between Moore Road and the Genesee River, south of Scottsville-West Henrietta Road.

The applicant proposes the construction of a 5' x 100' open pile dock and the clearing of a footpath in the Coastal Erosion Hazard Area, NYS Regulated Freshwater Wetland PM-2 and the wetland adjacent area. The path will be limited to minimal clearing of vegetation and placement of woodchips in the adjacent area.

The applicant proposes to pipe 1,2080 L.F. of an intermittent tributary of Irondequoit Creek and permanently impact 1.19 acres of contiguous, jurisdictional federal wetlands as part of the development of the Victor Commerce Park retail business plaza.  All documents that comprise the project plans and the Environmental Impact Statement are available at the Victor Town Hall and the DEC Region 8 office in Avon, NY.  The project site is north of the NYS Thruway Exit 45, east of Route 490.  

U S Salt Corp  has submitted an application for renewal and modification of its Title V Facility Permit for its Watkins Glen Refinery, located on Salt Point Road in the Town of Reading.  The facility produces and packages salt from nearby brine production operations, and emitted air contaminants from salt dewatering, drying, processing, and packaging operations, an incinerator for packaging paper, paperboard, and wood waste, and from three natural gas and oil fired process boilers.  

The Watkins Glen Refinery meets the definition of a major stationary source in 6 NYCRR Part 201-6, and is required to maintain a Title V Facility Permit, due to potential emissions of carbon monoxide (CO), oxides of nitrogen (NO_X), sulfur dioxide (SO₂), total particulate matter (PM), and particulate matter less than 10 microns (PM-10), of over 100 tons per year each.

The Title V Facility Permit was originally issued November 2, 2000.  Besides Permit renewal, U S Salt proposes to add a new 160 million BTU per hour fluidized bed boiler, and to delete the waste incinerator, which was removed in 2002.  The new boiler can be fired by any combination of coal, wood, or natural gas.   As part of the application, U S Salt also proposes to limit fuel use to restrict potential boiler emission increases to below the thresholds in 6NYCRR Part 231 New Source Review (NSR) and 40 CFR 52.21 Prevention of Significant Deterioration (PSD) regulations.

In response, the Department has generated a Draft Title V Permit that includes fuel use limitations to restrict the potential increase for all boiler emissions to below the NSR and PSD 40 ton per year increase thresholds for NO_X, SO₂, PM, PM-10, and CO.

The application, Draft Permit, and Permit Review Report are available for review at the Region 8 NYSDEC office.  The Draft Permit and Permit Review Report may be viewed or downloaded as .pdf files at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

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 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.

Wyckoff Gas Storage Company, LLC (Wyckoff) proposes to develop the Wyckoff Gas Storage Project to be located at the existing Wyckoff gas storage field located in the Town of Jasper, Steuben County. Wyckoff is a wholly-owned subsidiary of Greyhawk Gas Storage Company LLC (Greyhawk) and Greyhawk is owned by SemGas, L.P, a subsidiary of SemGroup, L.P. The existing gas storage field is a nearly depleted natural gas producing field, which produces from two zones - an Onondaga reef (limestone) and an underlying Oriskany sandstone.  Wyckoff proposes to develop both depleted reservoirs for high deliverability, multi-cycle (HDMC) storage.     

The Federal Energy Regulatory Commission (FERC) is the agency responsible for evaluating applications filed for authority to construct and operate interstate natural gas facilities under Section 7 (c) of the Natural Gas Act. In its October 6, 2003 Order, FERC issued a Certificate of Public Convenience and Necessity authorizing Wyckoff to construct & operate the natural gas storage field (a.k.a. Wyckoff Storage Project). Then on April 11, 2006 and again on June 29, 2006, in response to applications  from Wyckoff, FERC approved amendments to its original Order. Based on its Environmental Assessments for both original and amended applications, FERC concluded that the Wyckoff Storage Project will serve the public interest by natural gas storage service in interstate commerce, without significant landowner or environmental impacts. Also, Wyckoff has received FERC approval for its Implementation Plan on May 19, 2006 which authorized Wyckoff to commence construction. FERC file documents can be viewed by going the FERC General Search webpage at http://elibrary.ferc.gov/idmws/search/fercgensearch.asp  and entering Docket No. CP03-33 and date range All.  

As currently proposed in applications and documents submitted to the Department of Environmental Conservation (the Department), the Wyckoff Storage Project includes the following components: (1) An underground natural gas storage field with a total capacity of  11.8 billion cubic feet (Bcf) (7.0 Bcf in the Onondaga reef reservoir and 4.8 Bcf in the Oriskany sandstone reservoir), at a shut-in, stabilized wellhead pressure to not exceed 1,790 pounds per square inch (psi), without prior authorization of FERC. (2) FERC has authorized Wyckoff to use nine wells to both inject and withdraw (I/W wells) natural gas from the storage field and two observation wells. Three of the I/W wells and both observation wells will be converted from existing production wells. Each well will be connected to the compressor station by lateral pipelines. (3) The project includes the construction of two pipelines to connect the storage field’s compressor station to nearby transmission lines.  A 16-inch diameter, 3.6 mile long pipeline (North Lateral) will provide a connection to the Tennessee Gas and Columbia Gas Transmission  pipelines, located north of gas storage field,  and a 20 -inch diameter,  7.7 mile long pipeline (South Lateral) will provide a connection to the Dominion Transmission pipeline, located to the south of the gas storage field within the Town of Troupsburg, as well as in the Town of Jasper.  (4) FERC has approved Compressor Facility with a total of 9,740 brake horsepower (bhp) of compression, with a maximum injection rate of 250 million cubic feet per day ("Mmcf/d") and a maximum withdrawal rate of 400 Mmcf/d . Approved compression will be provided by three (3) engines, including: two (2) low nitrogen oxides (NOx) , lean burn, natural gas-fired  compressor engines, each rated at 2,370 bhp and one (1) natural gas-fired compressor engine, rated at 4,735 bhp. Each engine will be equipped with a catalytic exhaust silencer, which has 95 % control efficiency for Carbon Monoxide and Formaldehyde emissions and 50 % control efficiency for other Volatile Organic Compounds (VOC). A triethylene glycol (TEG) dehydration unit will also be used. The hydrocarbon rich vapor stream from the TEG Dehydrator’s still column will be sent to its condenser where hydrocarbons are removed and captured in a storage tank for future disposal. Remaining hydrocarbons from the reboiler overheads are sent to reboiler firetube and are combusted as fuel. (5) Wyckoff has decided to undertake its development of the gas storage field in two Phases, with Phase I consisting of installing the two 2,370 bhp compressor engines and the TEG Dehydrator, construction of the North Lateral pipeline, and converting the existing production wells to three I/W wells and two observation wells and drilling the six new I/W wells. Wyckoff would assume ownership of National Fuel Gas Supply Corporation's (National Fuel) Line Z-67 and rather than abandoning the line would continue Line Z-67 in operation for transporting gas between the storage field and National Fuel's system. In Phase II , Wyckoff would install the 4,730 bhp compressor engine and construct the South Lateral pipeline.  

In addition to the FERC approvals noted above, Wyckoff must receive the following approvals from the Department before the Wyckoff Gas Storage Facility Project can proceed: an Underground Storage Permit and drilling permits for the new I/W wells, a State Air Facility Permit for air contaminant emissions from the Compressor Station, and an  individual Water Quality Certification, pursuant to Section 401 of the Clean Water Act, which is associated with a U.S. Army Corps of Engineers (CORPS) permit jurisdiction pursuant to Section 404 of the Clean Water Act. Wyckoff will also be required to seek coverage under and be in compliance with the Department’s General Permit (GP 02-01) for Stormwater Discharges from Construction Activities, apply for and receive Department registrations for storage tanks subject to NYS Petroleum and Chemical Bulk Storage regulations, and follow agreed to procedures, practices and notifications associated with the Hyrdrostatic Testing of the new pipelines.  

Because the air contaminant emissions generated by all sources proposed for the Compressor Station will not equal or exceed the threshold quantities for a major source of air pollution,    The Department has made a tentative determination that an Air State Facility Permit can be issued for all emissions sources proposed in both Phase I and Phase II. However, the applications received for the CORPS’ 404 permit and the Department’s 401 Water Quality Certification, as well as the Stormwater Pollution Prevention Plan (SWPP), showing compliance with General Permit 02-01, only address the potential disturbances of land in Phase I of the project. Phase I activities (minus South Lateral construction) will result in approx. 91 acres of land being affected, where the effects on 52 acres will be temporary and the effects on 39 acres will be permanent. Of the total acreage to be affected by Phase 1, the construction of the North Lateral and lateral pipelines for the I/W wells will result in approx. 1.26 acres of freshwater wetlands and waterbodies under CORPS jurisdiction being affected, with less than .01 acre of the total representing permanent impact.  Based on the Department’s review of the erosion & control practices to be employed as described in the SWPPP  and required by FERC procedures and the Department’s review of the hydrostatic testing procedures, the Department has made a tentative determination, subject to review of any significant and substantive comments received from the public, that a Water Quality Certification can be issued because discharges from the proposed Phase I activities, for which an applicant is seeking a CORPS permit approval, will comply with the applicable effluent limitations, water quality standards, and any other applicable conditions of state law.  Before undertaking construction of the South Lateral in Phase II, Wyckoff will be required to submit a new SWPPP and applications for any required Section 404 and Section 401 Clean Water Act approvals from the CORPS and the Department.

The Department has also prepared a Draft Underground Storage Permit and has made a tentative determination to approve the application. The Draft Underground Storage Permit and associated permit application are available for public review at the Department's Albany Office: