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Linde LLC

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING, ISSUES CONFERENCE,
AND ADJUDICATORY HEARING

Permittee: Linde LLC

DEC Permit Application ID No.:4-0122-00005/00002

Project Location and Description: Linde LLC (permittee) operates an industrial gas (SIC Code 2813) and transportation warehousing (SIC Code 4231) facility at 76 W. Yard Rd., Feura Bush, New York 12067-9702 (the facility) that discharges industrial waste water to an unmapped tributary of Coeymans Creek, a class C water. The New York State Department of Environmental Conservation (DEC) is proposing a Department initiated modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) permit issued to the facility (SPDES No. NY 008-4271), pursuant to 6 NYCRR 750-1.18 and 750-1.19, the Priority Ranking system known as New York State's Environmental Benefit Permit Strategy (EBPS).

Permit Application: This permit application is a DIM under the SPDES Environmental Benefit Permit Strategy program. The Department published a Notice of Complete Application in the Environmental Notice Bulletin on December 14, 2016.

SEQRA Status: Department staff determined that the project is a Type II action pursuant to the State Environmental Quality Review Act, ECL article 8 ("SEQRA") and 6 NYCRR part 617. Accordingly, no further review under SEQRA is required.

Department Staff's Position: Department staff has completed a full technical review of the SPDES permit issued to the facility and has identified new requirements necessary to protect the State's water resources. These requirements include a proposed new effluent limitation for total dissolved solids (TDS) at Outfall 0001 of 500 mg/l, a proposed new effluent limitation for total copper at Outfall 001 of 14 ug/l, and a proposed new total effluent limitation for total zinc at Outfall 001 of 132 ug/l.

Legislative Hearing: All persons, organizations, corporations, or government agencies that may be affected by the project are invited to comment on the application. For this purpose, a legislative hearing to receive unsworn comments will be held on June 18, 2018 at 10:00 a.m., at the Department's Region 4 Office, 1130 North Westcott Road, Schenectady, NY 12306-2014. This location is reasonably accessible to persons with a mobility impairment.

Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request to the Administrative Law Judge ("ALJ") at the address below. Requests must be made at least seven days prior the hearing.

Written comments may also be submitted at the legislative hearing or may be mailed to the ALJ at the address below, to be received on or before June 22, 2018. If the hearing is cancelled because all potential issues for adjudication are resolved prior to the issues conference, written comments will still be accepted.

Issues Conference: A pre-adjudicatory hearing issues conference will be held at the same location immediately following the legislative hearing. The purpose of the issues conference is to define, narrow and, if possible, resolve the issues that are proposed as subjects for adjudication. The known issues include permittee's objections to the new effluent limitations. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR 624.4(c). It is important that any persons requesting party status appear or be represented at the issues conference in order that all proposed issues may be fully discussed.

The Department's permit hearing procedures (6 NYCRR part 624) (link leaves DEC website) and a guide to permit hearings may be obtained by contacting the Office of Hearings and Mediation Services.

Adjudicatory Hearing: The adjudicatory hearing is scheduled to take place at the same location, immediately following the issues conference and will continue on successive days, as necessary.

Party Status: Party status to participate in the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status. The petition must include an offer of proof of the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). Any petition must fully identify the proposed party together with the name(s) of the person(s) who will act as the proposed party's representative(s), the proposed party's environmental interest in the proceeding, any interest relating to the statutes administered by the Department relevant to the project, whether the request is for full party or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. The petition must identify the statutory and regulatory requirements the project may not meet and provide an offer of proof specifying the witness(es), the nature of the evidence that the petitioner intends to present at the hearing, and the basis for the assertions as to the existence of proposed adjudicable issues.

All filings requesting full party or amicus status must be received on or before the close of business on May 30, 2018 at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, attn: Administrative Law Judge Lisa A. Wilkinson. Electronic filings or telefaxed submissions will NOT be accepted. Copies of the filing are to be sent at the same time and in the same manner to: Richard Ostrov, Esq., Regional Attorney, at the Department's Region 4 Office, Office of General Counsel, 1130 North Westcott Road, New York 12306-2014; and to Elliot Bodain, Zone Production Manager, 76 West Yard Road, Feura Bush, NY 12068.

If all potential adjudicable issues, including any proposed under a duly filed petition for party status, are satisfactorily resolved before the issues conference, the hearing, including the legislative portion thereof, will be canceled. However, written comments may still be submitted to the Department until June 22, 2018.

Written Statement of Issues: Department staff and the permittee shall provide a written statement of the issues to be adjudicated to the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, attn: Administrative Law Judge Lisa A. Wilkinson, on or before the close of business May 30, 2018. The statement shall include a description of the legal and factual basis for the issue(s) to be adjudicated and the witness or witnesses who will offer testimony on the issue(s).

Document Availability: All filed documents, the application, and other papers are available for inspection during normal business hours at the Department's Region 4 Office, 1130 North Westcott Road, New York 12306-2014, attn: Richard Ostrov, telephone 518-357-2090 and at the Office of Hearings and Mediation Services in Albany, telephone 518-402-9003.

Statutory and Regulatory Provisions: This application is being processed in accordance with ECL article 3, title 3 (General Functions); article 8 (State Environmental Quality Review ["SEQR"]); article 17 (water pollution control); as well as and 6 NYCRR part 617 (SEQR); part 621 (Uniform Procedures); part 624 (Permit Hearings); part 703 (surface and groundwater quality standards and groundwater effluent limitations); and part 750 (state pollutant discharge elimination system permits).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
April 25, 2018

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