ENB Region 1 Completed Applications 09/06/2006

The Department of Environmental Conservation (DEC) has initiated a modification of the State Pollutant Discharge Elimination System (SPDES) permit (#NY 002 6450), for the Nassau County, Bay Park Sewage Treatment Plant.  This modification is undertaken pursuant to 6 NYCRR Part 750-1.18, New York State's  Environmental Benefit Permit Strategy (EBPS).

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.

Permit Limits, Levels and Monitoring -

Mass limits - Mass limits for Ultimate Oxygen Demand and Total Suspended Solids 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 pH, Settleable Solids, Orthophosphate, Phosphorus, Fecal Coliform, Total Residual Chlorine and Temperature have been removed from the permit.  This information is no longer required.

Outfall 002 - The auxiliary outfall 002 has been added to the permit.

Footnotes- The footnotes for the Permit Limits, Levels and Monitoring pages have been revised and reordered.

Water Quality Based Effluent Limits (WQBELs) - WQBELs are permit limits which are based on protection of human health or to protect the best uses of the water body. These limits are based on water quality standards found in New York State regulations at 6NYCRR Part 703. The following  parameters have limits that are WQBELs:

Total Residual Chlorine - A WQBEL of 0.5 mg/l has been included in the draft permit. The permittee does not have the capability to immediately meet the new, more stringent, limit. A compliance schedule is included in the draft permit that allows the permittee some time to review alternatives and install the facilities necessary to meet the final limit. An interim limit of 2.0 mg/l applies in the meantime.

Copper- WQBELs of 0.41 mg/l and 14 lbs/d have been included in the draft permit. Since the permittee may not be able to meet these limits, the permittee is required to perform a Quantification and Removal Study for copper to determine the sources of copper coming to the plant and to reduce the influent levels as much as possible. An interim limit of 39 lbs/d, based on recent discharge levels, applies during the period of the study.

Mercury- Mercury is a bioaccumulative chemical, known to affect human health. The WQBEL for mercury is 0.7 nanograms per liter. The previous permit limit for mercury was based on the detection level of what was then the most sensitive EPA method of analysis for mercury. A new method, EPA Method 1631, has now been approved by EPA and is required in this draft permit. This method can detect mercury at levels below the WQBEL. However, mercury levels above the WQBEL are often found in the air and waters of the state, making it difficult to meet the WQBEL. The Department has been gathering data regarding levels of mercury in discharges of municipal wastewater treatment plants in order to determine a technology based limit - what level is normally found in well operated treatment plants. Data was gathered using EPA Method 1631.  In addition, the Dental Amalgam Rule was recently passed, that requires dentists to capture and recycle mercury used in amalgam (for fillings). The equipment used to capture the mercury containing material must be installed within two years and notification sent to their local wastewater treatment plant.  The draft permit contains a technology based limit of 200 nanograms per liter. The Department expects that the permittee will be able to meet this limit. The permit also contains a requirement to perform a Pollutant Minimization Plan for mercury. This requires the permittee to determine the sources of mercury to the plant and to reduce influent levels as much as possible in order to meet the WQBEL of 0.7 ng/l.

Action Levels - Regulations do not require that technology based effluent limits be derived for nonconventional and toxic parameters in the discharge of municipal wastewater treatment plants. Instead, a pretreatment program is developed by the permittee themselves, and overseen by the United Stated Environmental Protection Agency. The pretreatment program controls the levels of a pollutant that may be discharged to the municipal treatment plant by requiring pretreatment.

When developing the permit for a discharger with these types of pollutants, the permit writer will compare the historical discharge levels of the pollutant (normally 3 years of data) from the treatmetn plant with the WQBEL developed for that parameter. If the discharge levels are near, or over, the WQBEL, the WQBEL is placed in the permit. If the discharge levels are well below the WQBEL, an action level or monitoring requirement are placed in the permit. The action level is based on the permit writer’s best professional judgement when reviewing the data. When an action level is exceeded, the permittee is required to perform extra sampling to determine whether there has been some permanent change to the influent to the treatment plant. The Department reviews the data to determine whether a WQBEL needs to be placed in the permit.

Cadmium and Nickel - The discharge levels of cadmium were well below the WQBEL. Thus, the existing limit for cadmium and nickel were changed to action levels.

All other existing action levels were adjusted based on the last 3 years of discharge data.

New parameters- The permittee provided information regarding four parameters that were not in their current permit. These parameters, chromium, benzene, toluene, and bis (2-ethylhexyl) phthalate, have been added to the draft permit as action levels based on an analysis of the discharge data.

Toxicity Testing - The permittee is required to perform 4 quarters of toxicity testing once every 5 years. The testing is required because the permittee’s effluent contains toxic parameters and there is an existing pretreatment program. The reporting requirement has changed from toxicity end points to Toxic Units.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The existing facility, known as the Glenwood Landing Energy Center was originally permitted in January 2002.  The facility consists of two General Electric LM6000 gas turbines which utilize a selective catalytic reduction unit to minimize emissions of oxides of nitrogen. The gas turbines operate as simple cycle units, employing a spray inter-cooling system to optimize power output.  Other on-site equipment includes gas and air compressors, a cooling tower lube oil cooling system, water treatment and storage system, ammonia storage and injection system, raw water storage, auxiliary electrical systems, and a distillate oil storage tank.  There are two stacks at the facility approximately 125 feet tall.  In 2002 the facility received a State Facility air pollution control permit allowing the construction and operation of the subject facility. Pursuant to Sections 201-6.1(a)(4) and 201-6.3(a)(2) of Title 6 of the New York Codes, Rules and Regulations (“NYCRR”), Keyspan is required to apply to DEC for a federal operating permit under Title V of the CAA within one year of commencing commercial operation of the facility, which began in June of 2002.

The facility is subject to 6NYCRR Subpart 201-6, Subparts 225-1, 227-1, 227-2, and 227-2.6. 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.  The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

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.

The applicant proposes to reconstruct 62 feet of bulkhead in-place, install two 6' returns and construct 13 feet of new bulkhead to close off an existing boat slip.  Seventy-eight cubic yards of fill will be placed within the boat slip, resulting in the loss of approximately 300 square feet of tidal wetlands known as littoral zone (SM/LZ).  The applicant also proposes to remove a 4 foot by 30 foot boardwalk and reconstruct an existing deck and boatwell in-place.  The project is located at 139 Riverside Avenue, Amityville, Town of Babylon, Suffolk County, SCTM# 0101-12-3-1.  

The applicant proposes the construction of a new single family dwelling with driveway and on site septic system within the adjacent area of NYSDEC regulated Freshwater Wetland P-5.  THe dwelling will be located 10 linear feet from the wetland boundary and the septic  system will be located approximately 35 linear feet from the wetland.  

The applicant proposes to construct a gazebo.  The site is located at Andersen Park, Park St. & Bowne Ave., within 100' of Freshwater Wetland P-6, Blue Point, Town of Brookhaven.

The applicant proposes to dredge/excavate 650 foot long by 40 foot wide area of the Fresh Pond inlet-channel to a depth of two feet below mean low water, in order to improve tidal flow and flushing of the pond and inhibit monoclonal phragmites expansion. The applicant also proposes to replant the sides of the excavated channel with salt marsh vegetation (Spartina alterniflora and Spartina patens), dewater the resultant approximately 2,140 cubic yards of sandy spoil on site  and , once dewatered,  place the resultant clean material on the south side of the inlet as beach nourishment and remove the phragmites material to the town composting facility. The facility is located at Fresh Pond Road, Amagansett, East Hampton Town, Suffolk County.

Applicant proposes to dewater area and discharge 360,000 gallons per day for 14 days into Block Island Sound  to facilitate removal of 7 underground storage tanks and replacement with 4 underground storage tanks.