Niagara Watershed Alliance

Hazardous Waste Hearings

PUBLIC COMMENTS ACCEPTED UNTIL JUNE 14, 2010

CWM Chemical Services Permit Modification - Tanks T-165 & T-220 and PCB Warehouse

Notice of State Draft 6NYCRR Part 373 Permit Modification

The New York State Department of Environmental Conservation (DEC) has reviewed Hazardous Waste Management Permit modification applications submitted by:

CWM Chemical Services, LLC (CWM)
1550 Balmer Road
Model City, NY 14107

and has made a tentative determination to issue 6 NYCRR Part 373 Permit modifications.

DEC is providing the public with an opportunity to supply input on the Draft Permit modifications through a Legislative Public Hearing process and a written public comment period.

Facility Description and Proposed Permit Modifications

CWM currently owns and operates a hazardous waste management facility in the Town of Porter, Niagara County. A renewal of CWM's Part 373 Permit for hazardous waste management was issued on August 5, 2005.

The Draft Permit modifications would allow the addition of Tanks T-165 and T-220, revisions to the tank treatment process, and installation of steel containment pans in the PCB Warehouse Container Storage Area. Tank T-165 has a design capacity of 876,800 gallons and would be installed outside the southeast corner of the RMU-1 landfill. It would receive contaminated storm water from a retention basin located within the landfill. Tank T-220 has a design capacity of 30,000 gallons and would be located outside, just to the east of the AWT building. Tank T-220 would be used as a treatment tank to blend compatible aqueous wastes. The tank treatment process revisions would allow certain existing tanks to be used for both treatment and storage of liquid hazardous waste. The steel containment pans to be installed in Area 3/6 of the PCB Warehouse would be used as secondary containment for the storage of drums containing liquid hazardous wastes. The pans would limit liquid storage in Area 3/6 to 160 drums and reduce the total storage capacity (liquid and solid drums) to 1358 drums. Further information on the Draft Permit modifications and public involvement process is contained in a publicly available Fact Sheet.

Public Statement Hearing and Written Comments

A Legislative Public Statement Hearing on the Draft Permit modifications will be held at Lewiston-Porter High School Auditorium, 4061 Creek Road, Youngstown, NY on May, 17, 2010 beginning at 6:00 pm. It is not necessary to file a written request in advance to speak at this Hearing. Written Statements are encouraged and may be filed at the Hearing. A time limit on oral statements may be imposed.

All interested persons/parties are invited to submit written comments during a minimum forty-five (45) day written public comment period which will begin on April, 28, 2010 and extends through June 14, 2010. During this comment period, written statements may be mailed to: Administrative Law Judge (ALJ) Ms. Molly McBride, DEC Central Office, 625 Broadway, Albany, NY 12233-1550.

Tentative Determination

DEC has found the CWM Permit modification applications complete and has made a tentative determination to issue the Permit modifications for the aforementioned changes. The Draft Permit modifications have been prepared pursuant to the applicable regulations in 6 NYCRR Part 373-2.

Pursuant to Part 617 of the New York State regulations for Article 8 (the State Environmental Quality Review Act), DEC has determined that the proposed actions described above, are all Unlisted actions and Negative Declarations for each of these actions are on file at DEC's Region 9 Office and are available through the DEC web address indicated below.

Document Availability

Hard copies of the Draft Permit modifications and the aforementioned Fact Sheet are available for public review during normal business hours at: DEC's Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203-2915 (contact person: Bidjan Rostami at (716) 851-7220); the Youngstown Free Library, 240 Lockport Street, Youngstown, NY 14174; the Lewiston Public Library, 305 South Eighth Street, Lewiston, NY 14092; the Porter Town Hall, 3265 Creek Road, Youngstown, NY 14174; Links are provided in the right column to supply the public with access to documents and related web pages that are pertinent to the Draft Permit Modification:

Table of Contents

1. Fact Sheet (PDF) (620 kB)
2. SQER (State Environmental Quality Review Act) (PDF) (88 kB)
3. Draft Modifications to Permit Modules (PDF) (593 kB)
   • Module I, General Provisions (Pages 2 & 4 contain modified text)
   • Module III, Storage in Containers (Pages 2, 5 & 12 contain modified text)
   • Module IV, Storage/Treatment in Tank Systems (Pages 2, 3, 4, 5, 7, 8, 10, 11, & 25 contain modified text)
4. Draft Modifications to Permit Attachments
   • Attachment A, Part A Application (PDF) (589 kB)
   • Attachment D, Appendix D-1 Containers, D-3 Tanks (PDF) (2.8 mB)
   • Attachment F, I, J, O (PDF) (696 kB)
     • Attachment F, Section F, Preparedness & Prevention - Inspection Forms
     • Attachment I, Section I.1, RMU-1 & Site Closure Plan
     • Attachment J, Appendix D-6, RMU-1 Drawings
     • Attachment O, Major/Minor Modifications

Note: Certain portions of these documents that are available online may be difficult to read due to problems with electronic conversion. Please be advised that if you are unable to read any portion of these online documents, hard copies are available for public review during normal business hours at: DEC's Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203-2915 (contact person: Bidjan Rostami at (716) 851-7220); the Youngstown Free Library, 240 Lockport Street, Youngstown, NY 14174; the Lewiston Public Library, 305 South Eighth Street, Lewiston, NY 14092; and the Porter Town Hall, 3265 Creek Road, Youngstown, NY 14174.
 

CWM Chemical Services LLC - Public Hearing on January 22, 2010 at Lewiston-Porter High School at 6:00 p.m. - Public comments accepted by DEC until April 30, 2010

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF INTENT TO MODIFY
NOTICE OF LEGISLATIVE PUBLIC COMMENT HEARING
NOTICE OF PUBLIC COMMENT PERIOD

PERMITTEE:

CWM CHEMICAL SERVICES LLC
1550 BALMER ROAD
MODEL CITY, NY 14107

FACILITY:

CWM CHEMICAL SERVICES - MODEL CITY SITE
1550 BALMER RD
MODEL CITY, NY 14107

APPLICATION ID: 9-2934-00022/00049

PERMIT(S) BEING MODIFIED: 1 - Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

PROJECT IS LOCATED: In PORTER in NIAGARA COUNTY

PROJECT DESCRIPTION: The New York State Department of Environmental Conservation (DEC) is pursuing a Department Initiated Modification (DIM) and renewal to the State Pollutant Discharge Elimination System (SPDES) Permit NY 0072061 pursuant to 6 NYCRR Part 750-1.18, New York State DEC's Environmental Benefit Permit Strategy (EBPS). This is a re-notice of Notice of Intent to Modify published in the Environmental Notice Bulletin on 10/17/07 (available at: www.dec.ny.gov/enb/38947.html). The proposed changes described below are in addition to the changes proposed in the 10/17/07 Notice and reflect the comments received from the general public, interest groups, and the permittee. Detailed explanations of the comments received are provided in the Responsiveness Summary.

CWM Chemical Services, LLC facility is located in the Town of Porter, Niagara County. The facility provides aqueous treatment of hazardous and non-hazardous industrial wastes generated off site, contaminated groundwater generated onsite, and landfill leachate generated onsite. Wastewater treatment consists of separation, settling, pH adjustment, precipitation, filter presses, bio-inoculation, sand filtration, and activated carbon. The facility has a maximum design flow of 1.0 million gallons per day (mgd) treated wastewater discharged to the Niagara River, a class A-Special water (Outfall 001), and stormwater runoff discharged from three separate outfalls (Outfalls 002, 003, 004) to the tributaries of Fourmile Creek and Twelvemile Creek, class C waters.

The following changes to the permit are proposed: Outfall 001 - Parameters have been reduced, deleted or increased to reflect actual discharge levels. Special Conditions No. 5.b (outfall specific) - leakage test requirements - an annual testing frequency for the discharge pipeline has been added with the requirement to test within two months prior to an anticipated discharge. Outfall 01A - This new internal outfall is a monitoring point following final treatment and before discharge to tanks T-58 and T-125, for compliance with the EPA's Centralized Waste Treatment (CWT) requirements. This outfall is also a compliance monitoring point for PCBs and pesticides. Outfall 01B - This new internal outfall is a monitoring point for compliance with CWT metals regulations found at 40 CFR Part 437. Outfalls 02A, 02B, and 02C - These new internal stormwater outfalls will require routine monitoring for PCB Aroclors with specific numeric limits, and solids. Outfalls 002, 003, and 004 - Parameters have been either deleted or reduced as a result of either non-applicability, a requirement for a water quality based limit or the parameters are already incorporated into a broad analytical scan. Citizen's Review Board (CRB) - Reference to and all provisions for the CRB will be deleted from the permit because the CRB does not exist anymore. The CRB was created in relation to permitting Secure Landfill (SLF) 11, which has been closed for years. The CRB was also allowed to take independent samples of the wastewater discharge to the Niagara River to verify analyses performed in the onsite laboratory before a state laboratory certification program existed. However, the State's Environmental Laboratory Approval Program (ELAP) was authorized by regulation in 1984, thereby incorporating comprehensive quality assurance and quality control requirements into all analyses performed in relation to SPDES permit requirements. CWM must use an ELAP-certified laboratory for all permit compliance monitoring.

Pollutant Minimization Plans (PMPs) are being added to the permit for Mercury and PCBs. A Schedule of Compliance is being added to the permit for monitoring Dioxins/Furans at new internal process wastewater Outfall 01A. A Schedule of Compliance is being added to the permit for monitoring Pesticides at new internal storm water Outfalls 02A, 02B, and 02C.

PUBLIC HEARING: Pursuant to 6 NYCRR 621.8, a legislative public hearing for the receipt of public comment on the DRAFT permit modification will be held on February 22, 2010 at 6:00 p.m. at:

Lewiston-Porter High School
4061 Creek Road
Youngstown, NY 14174

ALL PERSONS, ORGANIZATIONS, CORPORATIONS, OR GOVERNMENT AGENCIES WHO MAY BE AFFECTED BY THE PROPOSED PERMIT MODIFICATION ARE INVITED TO ATTEND THE HEARING AND TO SUBMIT ORAL OR WRITTEN COMMENTS. IT IS NOT NECESSARY TO FILE IN ADVANCE TO SPEAK AT THE HEARING. LENGTHY COMMENTS SHOULD BE SUBMITTED IN WRITING. EQUAL WEIGHT WILL BE GIVEN TO BOTH ORAL AND WRITTEN STATEMENTS. THE ADMINISTRATIVE LAW JUDGE (ALJ) MAY LIMIT THE TIME AVAILABLE FOR ORAL COMMENTS TO 5 MINUTES PER PERSON TO ENSURE THAT ALL PERSONS HAVE AN OPPORTUNITY TO BE HEARD. THE HEARING FACILITY IS REASONABLY ACCESSIBLE TO THE MOBILITY IMPAIRED.

Translator services shall be made available, at no charge, upon written request to the ALJ at least 10 days prior to the hearing. All requests must be made to the NYSDEC Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550. (518) 402-9003. The request must be received no later than 4:00 p.m. on February 1, 2010. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above at least 10 days prior to the hearing.

WRITTEN PUBLIC COMMENTS: All interested persons, organizations, corporations or government entities may submit written comments at the hearing or by mail no later than (NEW EXTENDED DATE) April 30, 2010 to Administrative Law Judge Molly McBride, NYS Department of Environmental Conservation, Office of Hearings and Mediation, 625 Broadway, 1st Floor, Albany, NY 12233-5500, with a copy to Teresa Diehsner, NYSDEC, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750.

Comments must be received by APRIL 30, 2010 to be considered.

SEQR STATUS: Project is an Unlisted Action and will not have a significant impact on the environment.

STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

COASTAL MANAGEMENT:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DOCUMENT AVAILABILITY: Hard copies of the DRAFT permit modification, and related documents are available for public review during normal business hours at DEC's Central Office, 625 Broadway, Albany, New York 12233-1750, contact Teresa Dieshner at (518) 402-9167 and DEC's Region 9 office, 270 Michigan Avenue, Buffalo, NY 14203-2915, contact Jerry Palumbo at (716) 851-7070; and at the following locations:

Youngstown Free Library
240 Lockport Street
Youngstown, NY 14174

Lewiston Public Library
305 South Eighth Street
Lewiston, NY 14092

Porter Town Hall
3265 Creek Road
Youngstown, NY 14174

Also, electronic copies of the DRAFT permit modification documents, the DEC Fact Sheet and Responsiveness Summary can be downloaded from DEC's public website at www.dec.ny.gov/permits/6061.html

DEC Revises Draft Hazardous Waste Facility Siting Plan and DGEIS

Second Round of Hearings to be Scheduled, Public Comments Received Until January 14, 2010

Revised versions of the New York State Hazardous Waste Facility Siting Plan and Generic Environmental Impact Statement (GEIS) that were proposed in 2008 are now available for public review. The revisions stem from the first of two required rounds of public comment opportunities and hearings on the draft GEIS and Siting Plan. Both documents are available on the bottom of this website page.

The Siting Plan is intended to help guide state agencies, authorities and other entities, to make decisions regarding the management and disposal of hazardous waste, so as to avoid potentially adverse impacts to air, land, water or public health. The GEIS evaluates and addresses any potential impacts the draft plan may have on the environment. However, it does not replace the need for a separate and distinct site-specific EIS for any hazardous waste management facility that is proposed to be sited or expanded in New York State in the future.

The revised drafts announced today incorporate the input received during the hearings and comment period and are subject to a second and final opportunity for public comment before finalization.

Legislative public hearings to receive comments from the public will be held in ten locations across the state. Notice of these locations and times are posted on our website.

Written comments will be accepted if received by the close of business on January 14, 2010. Comments can be sent to John Iannotti, New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, 625 Broadway, Albany, New York 12233-7250. They can also be faxed to (518) 402-9024 or e-mailed to hwsiting@gw.dec.state.ny.us

DEC Documents on Siting Plan:

Draft Hazardous Waste Facility Siting Plan (PDF File - 2.9 MB)

Appendices of the Draft Hazardous Waste Facility Siting Plan (PDF File - 775 KB)

Draft GEIS Supporting the Draft Hazardous Waste Facility Siting Plan (PDF File - 468 KB)

2008 Hazardous Waste Facility Siting Plan and DGEIS Response to Comments (PDF File - 90 KB)

Public Hearing Notice for the Revised Draft Hazardous Waste Siting Plan and DGEIS

Revised versions of the New York State Hazardous Waste Facility Siting Plan and Generic Environmental Impact Statement (GEIS) that were proposed in 2008 are now available for public review. The revisions stem from the first of two required rounds of public comment opportunities and hearings on the draft GEIS and Siting plan.

The Siting Plan is intended to guide state agencies, authorities and other entities, to make decisions regarding the management and disposal of hazardous waste, so as to avoid potentially adverse impacts to air, land, water or public health. The GEIS evaluates and addresses any potential impacts the draft plan may have on the environment. However, it does not replace the need for a separate and distinct site-specific EIS for any hazardous waste management facility that is proposed to be sited or expanded in New York State in the future.

Both the draft GEIS and Siting Plan are available on the DEC website. The revised drafts incorporate the input received during the hearings and comment period and are subject to a second and final opportunity for public comment before finalization. Changes from the 2008 draft focus on incorporating the most recent data. The plan also includes a new Chapter 9, which acknowledges that there is not currently a need based on capacity for any new hazardous waste management facilities, but provides specific guidance for state agencies, authorities and facility siting boards in determining if a proposed facility is otherwise necessary or in the public interest. Also, in Chapter 2, the plan emphasizes the importance of reducing the amount of toxic materials produced and used in New York State, thereby decreasing the need for hazardous waste disposal. In response to public comments, the adoption of legislation that results in a regulatory approach to encourage and coordinate toxic use reduction is now one added option to help decrease the use of chemicals that contribute to hazardous waste.

Hearings on the most recent updated draft are being held in each of DEC's nine regions. The hearing locations are reasonably accessible to the mobility-impaired. Interpreter services can be made available to the hearing-impaired at no charge, upon request to the Department within a reasonable time period prior to the hearings.

All persons, organizations, corporations, government agencies, and others wishing to comment on the proposed Siting Plan are invited to attend the hearings and to submit either written or oral statements. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Lengthy statements should be submitted in writing and summarized for oral presentation. Written statements received prior to the close of the public comment period and oral statements made at each hearing session will be given equal weight.

The hearings will be held on the following dates and locations:

Note that all public hearings will start at 6PM.

Written comments will also be accepted if received by the close of business on January 14, 2010. Comments can be sent to John Iannotti, New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, 625 Broadway, Albany, New York 12233-7250.

They can also be faxed to (518) 402-9024 or e-mailed to hwsiting@gw.dec.state.ny.us

Please send your comments to the DEC. Here are two suggested coments:

1).  You agree that there is adequate capacity and no need for a toxic landfill any where in NYS.

2)  That you disagree with their finding that there currrently is equitable distribution of hazardous waste disposal.  Any plan that allows  another Toxic Landfill to be placed in Niagara County is NOT EQUITABLE DISTRIBUTION AND VIOLATES STATE LAW.