D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

ENB - Statewide Notices

Public Notice

Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the Departmental of Environmental Conservation hereby gives notice of the following:

The New York Invasive Species Council is convening its second regular meeting on:

Monday, May 12, 2008
1:00 p.m. to 4:30 p.m.
New York State Museum - Members Lounge
Madison Avenue
Albany, NY

The Council comprises nine State agencies and is co-led by the Department of Environmental Conservation and the Department of Agriculture and Markets.

This meeting is open to the public. Attendees will be required to show a drivers license or other photo ID at the Security Desk.

The meeting will also be webcast at www.totalwebcasting.com/live/nysdec.

Contact:

Assistant Commissioner Christopher Amato
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233
Phone: (518) 402-8533

Deputy Commissioner Jacqueline Moody-Czub
New York State Department of Agriculture and Markets
10 B Airline Drive
Albany, NY 12235
Phone: (518) 457-0752



Pursuant to the Environmental Conservation Law sections 3-0301, 13-0105 and 13-0340-d, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption (First Re-Adoption) to Amend 6NYCRR Part 40. This notice will be published in issue 20 of the State Register, dated May 14, 2008.

For further information please contact:

Steve Heins
New York State Department of Environmental Conservation
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us


Public Notice for draft General Counsel Program Policy

The New York State Department of Environmental Conservation has prepared the draft Program Policy: "Staff Access to Property or Premises".

This draft program policy is intended to address program staff's need for guidance as to how and when they may enter property for the purpose of carrying out their official duties. Entry may be needed to conduct inspections in connection with permit applications, to conduct inspections in connection with determining compliance with permits or other regulatory requirements, to undertake enforcement, or for their programmatic activity.

This document will serve as General Counsel Policy with respect to the entry by staff onto private property to carry out their regulatory responsibilities. It establishes procedures to ensure that program staff possess appropriate authority to enter private property while carrying out these duties.

The draft Program Policy can be obtained at: http://www.dec.ny.gov/regulations/2381.html.

Contact: Michelle Crew, NYS DEC Office of General Counsel, 625 Broadway, Albany, NY 12233-1500, Phone: (518) 402-9509.

Written comments on the draft Program Policy will be accepted for 30 days from the date of publication of this notice. Written comments should be addressed to Michelle Crew at the above-mentioned address.


Notice of Availability of State and Federal Funds

New York State Department of Environmental Conservation (NYS DEC)
625 Broadway
Albany NY 12233-4250

The towns of Andes, Middletown, Olive and Shandaken, the villages of Fleischmanns and Margaretville, and not-for-profit corporations having projects within the above eligible municipalities.

Applications will be accepted through June 20, 2008 for:

2008 Central Catskill Park/Mountains Smart Growth Program Grants Under the NYS Environmental Protection Fund

Applications will be accepted through June 20, 2008 for grant funding under the Central Catskill Park/Mountains Smart Growth Program. Anticipated grant funds from the New York State Environmental Protection Fund for State Fiscal Year (SFY) 2008-09, is approximately $500,000. A minimum of $40,000 will be made available for projects in each of the six communities should eligible projects be submitted, and the remaining funds will be awarded based on competitive rankings conducted by NYS DEC in consultation with New York State Department of State (NYS DOS) and other State agency staff. Projects must be located wholly within the extent of eligible municipalities, and implement the Smart Growth Principles as they apply in the special conditions of the Catskill Park, as identified in the RFA. DEC seeks proposals for capital projects which protect the region's natural resources and accommodate economic growth by revitalizing existing village, hamlet and town centers. Examples of eligible project activities include capital improvements to Main Street areas; inviting public spaces; pedestrian-oriented and bicycle-friendly streetscape design and amenities; Main Street facade improvements; in-fill construction in hamlets; retrofitting of existing buildings in hamlets; aesthetic signage; landscaping and tree-planting; wayside and other Park and/or resource interpretation. The minimum state assistance amount is $40,000 and the maximum is $83,333. State assistance may fund up to 100 percent of approved project-related costs.

For applications, Download RFA from the DEC website - www.dec.ny.gov/pubs/37874.html or contact:

Dylan Walrath
NYS DEC Division of Lands and Forests
625 Broadway NY 12233-4250
Phone: (518) 402-9405
E-mail: dfwalrat@gw.dec.state.ny.us



Notice of Revised Rule Making and Acceptance of the Supplemental Draft Generic Environmental Impact Statement for the New York State Department of Environmental Conservation 6 NYCRR Part 242, CO2 Budget Trading Program and New York State Energy Research and Development Authority 21 NYCRR Part 507, CO2 Allowance Auction Program

Pursuant to Environmental Conservation Law, Sections 1-0101, 1-0303, 3-0301, 11-0303, 11-0305, 11-0535, 13-0105, 15-0109, 15-1903, 16-0111, 17-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 24-0103, 25-0102, 34-0108, 49-0309, 71-2103 and 71-2105. Energy Law, sections 3-101, 3-103, Public Authorities Law, sections 1850, 1851, 1854 and 1855, the New York State Department of Environmental Conservation (Department) and the New York State Energy Research and Development Authority (Authority) hereby give notice of the following:

The purpose of Revised Part 242 is to reduce CO2 emissions from fossil fuel-fired electric generating sources statewide to counter the threat of a warming climate. The CO2 Budget Trading Program will also produce significant environmental co-benefits in the form of improved local air quality, forest preservation, improved agricultural manure handling practices leading to better water and air quality in rural areas of the State, and a more robust, diverse and clean energy supply in the State. Revised Part 507 establishes the rules for conducting auctions of CO2 allowances to be administered by the Authority or its designee, as part of the New York CO2 Budget Trading Program, and for the administration of Energy Efficiency and Clean Energy Technology Account.

Pursuant to the State Environmental Quality Review Act, the Department, in consultation with the Authority, has determined that the proposed rulemaking is an Unlisted Action (6 NYCRR §617.2(ak)). Although the Department, as lead agency, did not determine that the proposed action would have any significant adverse environmental impacts, it prepared the Supplemental Draft Environmental Impact Statement (Supplemental DGEIS) to incorporate findings from the Auction Report and the Emissions Leakage Report which were finalized over the past few months. The Supplemental DGEIS also reflects comments that were received during the comment period. The Supplemental DGEIS also provides an opportunity to discuss the rationale for the proposed CO2 Budget Trading Program and to present alternatives to the proposed rule. The Department has determined the Supplemental DGEIS is adequate for public review and is seeking public comment on the document. Pursuant to 6 NYCRR §617.9(a)(4) the Department has made the determination to hold public hearings, the details of which are provided above.

The Revised Parts 242 and 507 and the Supplemental DGEIS will be posted on the Department's and the Authority's websites at: http://www.dec.ny.gov/ and http://www.nyserda.ny.gov/.

For further information, contact:

Michael P. Sheehan, P.E.
NYSDEC Division of Air Resources
625 Broadway
Albany NY 12233-3251
518 402-8396
E-mail 242rggi@gw.dec.state.ny.us

Peter Keane
NYSERDA, Senior Counsel
17 Columbia Circle
Albany, NY 12203-6399
518 862-1090, ext 3366
E-mail 242rggi@gw.dec.state.ny.us


Notice of Public Hearing, Announcement of Public Comment Period and Acceptance of Supplemental Draft Generic Environmental Impact Statement for the New York State Department of Environmental Conservation Revised 6 NYCRR Part 242, CO2 Budget Trading Program and New York State Energy Research and Development Authority Revised 21 NYCRR Part 507, CO2 Allowance Auction Program

Notice is hereby given that the New York State Department of Environmental Conservation (Department) and New York State Energy Research and Development Authority (Authority) will hold a joint legislative public hearing on the revised 6 NYCRR Part 242 (Part 242), CO2 Budget Trading Program, revisions to 6 NYCRR Part 200, General Provisions, revised 21 NYCRR Part 507 (Part 507), CO2 Allowance Auction Program and Acceptance of the Supplemental Draft Generic Environmental Impact Statement (Supplemental DGEIS).

The Department and the Authority proposed Parts 242 and 507 on October 24, 2007. Public hearings were held during the week of December 10, 2007 and the public comment period closed at 5:00 p.m. on December 24, 2007. Based on an assessment of the public comments, the Department and the Authority are proposing revised Parts 242 and 507 and have also accepted the Supplemental DGEIS, which analyzes the aforesaid revisions.

Revised Part 242 establishes a market based program designed to cap and reduce carbon dioxide (CO2) emissions from power plants by 10 percent by 2019. Certain revisions to Table 1 of 6 NYCRR 200.9, Referenced Material, are necessary in order to facilitate the administration of these programs and are included as part of this rulemaking package. Revised Part 507 establishes the rules for conducting auctions of CO2 allowances to be administered by the Authority or its designee, as part of the New York CO2 Budget Trading Program, and for the administration of the Energy Efficiency and Clean Energy Technology Account.

On December 20, 2005, New York State entered into a historic regional agreement to reduce greenhouse gas (GHG) emissions from power plants, an important step to protect our environment and meet the significant challenge of climate change. Under the agreement, the governors of ten Northeastern and Mid-Atlantic States have committed to propose the Regional Greenhouse Gas Initiative (RGGI). In order to carry out the State's commitment, the Department is proposing to establish the CO2 Budget Trading Program by promulgating revised Part 242, and to revise Part 200, General Provisions. The Authority is proposing to establish the CO2 Allowance Auction Program by promulgating revised Part 507.

The hearings will be held for the revised rulemakings and acceptance of the Supplemental DGEIS at the following locations and times:

Date: Monday, June 9, 2008
Time: 2:00 p.m.
Place: New York State Department of Environmental Conservation (NYS DEC)
625 Broadway
Room 129
Albany, NY 12233

Date: Monday, June 9, 2008
Time: 1:00 p.m.
Place: NYS DEC Region 1
50 Circle Road
Conference Room, Basement Room #002 A/B
Stony Brook, NY 11790

The public hearings are scheduled in places that are reasonably accessible to persons with impaired mobility. At the hearings, the Department will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by May 23, 2008, to Laura Stevens, NYS DEC, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8451, E-mail: air.regs@dec.ny.gov.

Pursuant to the State Environmental Quality Review Act, the Department, in consultation with the Authority, has determined that the proposed rulemaking is an Unlisted Action (6 NYCRR §617.2(ak)). Although the Department, as lead agency, did not determine that the proposed action would have any significant adverse environmental impacts, it prepared the Supplemental DGEIS to incorporate findings from the Auction Report and the Emissions Leakage Report which were finalized over the past few months. The Supplemental DGEIS also reflects comments that were received during the comment period. The Supplemental DGEIS provides an opportunity to discuss the rationale for the proposed CO2 Budget Trading Program and presents alternatives to the proposed rules. The Department has determined the Supplemental DGEIS is adequate for public review and is seeking public comment on the document. Pursuant to 6 NYCRR §617.9(a)(4) the Department has made the determination to hold public hearings, the details of which are provided above.

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearings and oral statements made at the hearings will be given equal weight.

Requests for information and comments related to revised Parts 242 and Table 1 of 6 NYCRR 200.9 may be obtained from Michael P. Sheehan, P.E., NYS DEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: 242rggi@gw.dec.state.ny.us.

Requests for information and comments related to revised Part 507 may be obtained from Peter Keane, Senior Counsel, NYSERDA, 17 Columbia Circle, Albany, NY 12203-6399, Phone: (518) 862-1090, ext 3366, E-mail 242rggi@gw.dec.state.ny.us.

Written statements may be submitted until by 5:00 p.m. on June 23, 2008.

The revised regulations and supporting information may be obtained from any of the following Department and Authority offices:

NYS DEC - Region 1 Headquarters, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409, Attention: Ajay Shah

NYS DEC - Region 2 Headquarters, 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Sam Lieblich

NYS DEC - Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Ken Grzyb

NYS DEC - Region 4 Headquarters, 1130 North Westcott Rd., Schenectady, NY 12306, Attention: Don Spencer

NYS DEC - Region 5 Headquarters, 232 Golf Course Road, P.O. Box 220, Warrensburg, NY 12885, Attention: James Coutant

NYS DEC - Region 6 Headquarters, Watertown State Office Bldg., 317 Washington St., Watertown, NY 13601, Attention: Thomas Morgan

NYS DEC - Region 7 Headquarters, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker

NYS DEC - Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott

NYS DEC - Region 9 Headquarters, 270 Michigan Ave., Buffalo, NY 14203, Attention: Larry Sitzman

The Revised Parts 242 and 507 and the Supplemental DGEIS will be posted on the Department's and the Authority's websites at: http://www.dec.ny.gov/ and http://www.nyserda.ny.gov/.


Notice of Proposed Rulemaking New York State Department of Environmental Conservation
6 NYCRR Part 215, Open Fires
6 NYCRR Part 191, Forest Fire Prevention
6 NYCRR Part 621, Uniform Procedures

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 9-0105, 9-1103, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 70-0707, 71-2103, and 71-2105, the New York State Department of Environmental Conservation hereby gives notice of the following:
The New York State Department of Environmental Conservation (NYS DEC) proposes to revise 6 NYCRR Parts 215, 191, and 621. Part 215 is being revised to ban most open burning statewide. It is currently only banned in cities, villages and in towns with population greater than 20,000. In addition, the revised rule will limit agricultural burning to naturally grown products such as vines, branches, leaves and stubble. It will also specifically allow such things as fire training, small cooking and camp fires, and ceremonial fires (e.g., proper disposal of U.S. flags by open burning). Finally, the revisions to Parts 215, 191, and 621 will eliminate the need for permits to conduct open burning that is allowed by Part 215.

For further information, contact:

Robert Stanton, P.E.
NYS DEC, Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: 215fires@gw.dec.state.ny.us


State of New York Department of Environmental Conservation Hearing Notice

Notice is hereby given that the New York State Department of Environmental Conservation (Department), will hold legislative public hearings on amendments to proposed rules, Part 215, Open Fires, Part 191, Forest Fire Prevention and Part 621, Uniform Procedures, pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0105, 19-1103, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 70-0707, 71-2103 and 71-2105.

Part 215 is being revised to ban most open burning statewide. It is currently only banned in cities, villages and in towns with population greater than 20,000. In addition, the revised rule will limit agricultural burning to naturally grown products such as vines, branches, leaves and stubble. It will also specifically allow such things as fire training, small cooking and camp fires, and ceremonial fires (e.g., proper disposal of U.S. flags by open burning). Finally, the revisions to Parts 215, 191, and 621 will eliminate the need for permits to conduct open burning that is allowed by Part 215.

The Department will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by June 9, 2008, to Laura Stevens, NYS DEC, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8451, E-mail, air.regs@dec.ny.gov.

Hearings will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Monday, June 23, 2008, 5:00 p.m. - 8:00 p.m.
Cortlandville Fire Department, 999 Route 13, Cortland, NY 13045

Tuesday, June 24, 2008, 5:00 p.m. - 8:00 p.m.
Norrie Point Environmental Center, Margaret Lewis Norrie State Park, 256 Norrie Point Way, Staatsburg, NY 12580

Wednesday, June 25, 2008, 9:30 a.m. - 12:00 p.m.
NYS DEC Central Office, 625 Broadway, Public Assembly Room 129, Albany, NY 12233

Wednesday, June 25, 2008, 5:00 p.m. - 8:00 p.m.
NYS DEC Central Office, 625 Broadway, Public Assembly Room 129, Albany, NY 12233

Thursday, June 26, 2008, 5:00 p.m. - 8:00 p.m.
Harrietstown Town Hall, Main Street and Lake Flower Avenue, Saranac Lake, NY 12983

Monday, June 30, 2008, 5:00 p.m. - 8:00 p.m.
Dulles State Office Building, 1st Floor Auditorium, 317 Washington Street, Watertown, NY 13601

Wednesday, July 2, 2008, 5:00 p.m. - 8:00 p.m.
Genesee Community College, College Drive, Conable Technology Building, Room T102, Batavia, NY 14020

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration stating that the proposed actions will not have a significant adverse effect on the environment.

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearings. At each hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. The Department will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend each hearing. Information may be obtained from: Robert Stanton, P.E., NYS DEC Division of Air Resources, 625 Broadway, Albany NY 12233-3254, Phone: (518) 402-8403, E-mail: 215fires@gw.dec.state.ny.us.

Written statements may be submitted until 5:00 p.m., July 10, 2008.

The proposed regulation may be obtained from any of the following Department offices:

NYS DEC - Region 1 Headquarters, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409, Attention: Ajay Shah

NYS DEC - Region 2 Headquarters, 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Sam Lieblich

NYS DEC - Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Ken Grzyb

NYS DEC - Region 4 Headquarters, 1130 North Westcott Rd., Schenectady, NY 12306, Attention: Don Spencer

NYS DEC - Region 5 Headquarters, 232 Golf Course Road, P.O. Box 220, Warrensburg, NY 12885, Attention: James Coutant

NYS DEC - Region 6 Headquarters, Watertown State Office Bldg., 317 Washington St., Watertown, NY 13601, Attention: Thomas Morgan

NYS DEC - Region 7 Headquarters, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker

NYS DEC - Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott

NYS DEC - Region 9 Headquarters, 270 Michigan Ave., Buffalo, NY 14203, Attention: Larry Sitzman


  • Contact for this Page
  • Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions