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Linde LLC - Notice of Second Legislative Hearing

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF SECOND LEGISLATIVE PUBLIC HEARING AND EXTENSION OF DEADLINE TO FILE PUBLIC COMMENTS AND PETITIONS FOR PARTY STATUS

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 (ENB) on December 14, 2016.

Prior Notice: On April 25, 2018, the Department published a notice in the ENB scheduling a legislative hearing, issues conference and adjudicatory hearing for June 18, 2018.

Second Legislative Hearing and Extended Deadlines for Public Comments and Petitions for Party Status: The purpose of this notice is to advise the public by ENB and newspaper notification that the Department is holding a second legislative public hearing and extending the deadline for submitting public comments on the permit application and filing petitions for party status.

The Department will hold a second legislative hearing to receive unsworn comments from the public on the application on July 17, 2018 at 10:00 a.m., at the Department's Region 4 Office, 1130 North Westcott Road, Schenectady, NY 12306-2014.

Written comments may be submitted at the legislative hearings or may be mailed to the ALJ at the address below, to be received on or before July 18, 2018. The legislative hearing may be cancelled if all potential issues for adjudication are resolved prior to the issues conference, however, written comments on the permit modification will still be accepted.

As noted in the April 25, 2018 ENB notice, parties wishing to participate in any adjudicatory hearings conducted on the DIM must file a written petition requesting party status. All filings requesting full party or amicus status will be accepted if received on or before 4:00 p.m. on June 15, 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. Alternatively, persons requesting full party status or amicus status may submit their written request for party status in person at the issues conference scheduled for June 18, 2018 at 10:00 a.m., at the Department's Region 4 Office, 1130 North Westcott Road, Schenectady, NY 12306-2014. Please refer to the April 25, 2018 ENB notice for information regarding the required contents of a petition for party status.

If it is necessary to reconvene the issues conference scheduled for June 18, 2018 at a later date, the parties and petitioner(s) will receive notice of the reconvened date.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
June 4, 2018

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