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ENB - Statewide Notices 03/31/2010

Public Notice

Notice of Availability of Draft Supporting and Instructional Documents regarding 6 NYCRR Part 231 - New Source Review for New and Modified Facilities

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared draft supporting and instructional documents to provide information to the NYS DEC - Division of Air Resources staff and the regulated community to assist with the implementation of Part 231 - New Source Review for New and Modified Facilities.

Pursuant to ECL §3-0301(2)(z), written comments regarding these supporting documents will be accepted for 30 days after the date of publication of this Notice in the Environmental Notice Bulletin.

Comments should be submitted to: Robert Stanton, NYS DEC - Division of Air Resources, 625 Broadway, Albany, New York 12233-3254 or e-mailed to: 231guide@gw.dec.state.ny.us.

The Draft Policy is available by writing to Robert Stanton at the address above or calling: (518) 402-8403. A copy may also be found on the NYS DEC's website at: http://www.dec.ny.gov/chemical/63377.html.


Pursuant to Title 9, Article 54 of the Environmental Conservation Law, the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) hereby gives public notice of the following:

Notice is hereby given, pursuant to Section 49-0305 (9) of the Environmental Conservation Law, that the State of New York acting by and through the New York State Office of Parks, Recreation and Historic Preservation intends to acquire a Conservation Easement from: Buffalo Audubon Society, Inc., in Java, Wyoming County, New York; Cracker Box Palace, Inc., in Sodus, Wayne County, New York; New York Mills Historical Society, Inc., New York Mills, Oneida County, New York; The Archaeological Conservancy, in Moreau, Saratoga County, New York; Mohonk Preserve, Inc., in Rosendale, Ulster County, New York; Teatown Lake Reservation, in New Castle, Westchester County, New York; The Wolf Conservation Center, in South Salem, Westchester County, New York.

For further information, contact: Melinda Scott, NYS OPRHP -Bureau of Grants Management, Agency Building 1, 16th Floor, Albany, New York 12238, Phone: (518) 474-8372, Fax: (518) 486-7377.



Draft Amendment No. 1 to the FFY 2010 CWSRF Intended Use Plan

Additional Funding Availability; Additional Subsidization; Fund Adjustments; and Amended Annual Project Priority List

A notice regarding Draft Amendment No. 1 to the FFY 2010 Clean Water State Revolving Fund (CWSRF) Intended Use Plan (IUP) was published in the March 17, 2010 issue of the ENB. Due to delays in preparing the amendment for public review, the comment period for Draft Amendment No. 1 has been extended to Friday, April 9, 2010.

Amendment No. 1 reflects the policies and procedures for the administration of portions of New York State's FFY 2010 CWSRF appropriation to be used for additional subsidization, and presents the criteria for selection of projects to receive these funds. The amendment also reflects the availability of an additional $15 million in resources from the FFY 2009 IUP and an additional $25 million in capital released from long term investments back to the CWSRF program. These funds will be available to finance projects during the FFY 2010 IUP financing period.

The amendment will set deadlines for submission of financing applications for projects on the 2010 IUP Annual List. Please see the amendment for details.

The Draft Amendment No. 1 will be available on the New York State Environmental Facilities Corp.(NYS EFC) website at: www.nysefc.org (click on "Programs," then "Clean Water State Revolving Fund," then "IUP and Amendments"). A copy of Draft Amendment No. 1 can also be requested by calling the NYS EFC toll-free line at (800)-882-9721 or at (518)-402-7396.

Written comments on Amendment No. 1 to the CWSRF IUP will be accepted by mail, e-mail, or fax until close of business, Friday, April 9, 2010.

Comments should be addressed to:

David Morseman
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Fax: (518) 402-7456
E-mail: iupcomments@nysefc.org


Notice of Availability of Proposed Program Policy for Green Remediation (DER-31)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a proposed program policy which establishes a preference for remediating sites in the most sustainable manner while still meeting all legal, regulatory, and program requirements. It expresses a preference for remedies which, for example, use less energy, create less emissions and waste, increase reuse and recycling, and maximize habitat value without compromising the fundamental requirement to protect human health and the environment. The approach also recognizes the potential for positive economic and social benefits of site reuse and supports coordination of site reuse and remediation to effect the most beneficial and sustainable reuse of the site. This guidance applies to all phases of site investigation and remediation for new sites and relevant phases for existing remedies in the Spill Response Program, Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Environmental Restoration Program, Brownfield Cleanup Program, and Voluntary Cleanup Program.

Green remediation considers all impacts to the environment when planning and executing a cleanup and is a means to conduct cleanups such that they have the greatest net benefit to the environment. The purpose of this guidance is to describe how green remediation will be applied within the NYS DEC - Division of Environmental Remediation's (DER) remedial programs and provide examples of green remediation techniques. It does not specify methods or criteria to be used to quantify the effectiveness of the various green remediation concepts or remedial alternatives. The concepts and principles will be considered, implemented to the extent feasible, and documented.

The cleanup of contaminated sites is regulated by the Comprehensive Environmental Response Cleanup and Liability Act, Environmental Conservation Law, Navigation Law, and their associated regulations. DER is responsible for oversight and/or implementation of relevant cleanup laws, regulations and guidance.

Pursuant to ECL §3-0301(2)(z), written comments regarding this proposed Program Policy will be accepted until Friday, April 30, 2010.

Comments should be submitted to: Kevin Carpenter, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020 or e-mailed to derweb@dec.ny.gov

The proposed Program Policy is available by writing Kevin Carpenter at the address above or calling (518) 402-9543. A copy may also be found on NYS DEC's website at: http://www.dec.ny.gov/regulations/2393.html.


Notice of Availability of Proposed Program Policy for Brownfield Cleanup Program Applications and Agreements (DER-32)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a proposed Program Policy which provides guidance on the application process and general terms and conditions for Brownfield Site Cleanup Agreements (BCAs) under the New York State Brownfield Cleanup Program (BCP), as well as the process to amend and terminate a BCA. The terms and conditions in this guidance are in addition to the regulatory terms and conditions at 6 NYCRR sections 375-1.5, 375-3.4, and 375-3.5 and such other terms and conditions that may be in the BCA. The application for inclusion into the BCP will require the party to acknowledge and agree to the general terms and conditions in this guidance.

Legislation establishing the BCP (see Article 27, Title 14 of the Environmental Conservation Law [ECL]) sets forth application provisions and requires NYS DEC to execute a BCA prepared in accordance with ECL §27-1409 for the purpose of completing a brownfield site remedial program. The statute does not prescribe the detailed steps in the application process or the time for execution of the BCA. In recognition of the benefit of guidance on the application process, benefit of timely execution of the BCA and the overall legislative intent of timely advancement of the remedial program, NYS DEC will establish an application and BCA process that is more predictable and expeditious.

The procedures in this Proposed Policy are intended for the use and guidance of both NYS DEC staff and those seeking to participate in the BCP. The policy is not intended to create any substantive or procedural rights enforceable by any party in administrative or judicial litigation with NYS DEC unless, or until, such terms are incorporated into a site-specific BCA. NYS DEC reserves the right to vary these procedures to address site-specific circumstances, and to revise them as it deems appropriate based on changes in law or its experience in implementing this policy.

The first 30 calendar day public comment period ended December 4, 2009. Comments have been addressed and incorporated into the proposed Program Policy. Another 30 calendar day public comment period is needed since substantive changes have been made.

Pursuant to ECL §3-0301(2)(z), written comments regarding the proposed Program Policy will be accepted until Friday, April 30, 2010.

Comments should be submitted to Karen Diligent, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7012 or e-mailed to derweb@dec.ny.gov

The proposed Program Policy is available by writing Karen Diligent at the address above or calling (518) 402-9764. A copy may also be found on NYS DEC's website at: http://www.dec.ny.gov/regulations/2393.html.


Meeting Notice

The New York State Department of Environmental Conservation (NYS DEC) gives notice of the following:

The New York State Sea Level Rise Task Force will meet at the following date and location:

Date: Friday, April 9, 2010
Time: 10:00 a.m. to 12:00 p.m.
Location: Public Service Commission, 4th Floor, 90 Church Street, Manhattan, New York City. Directions are available at: http://www.dps.state.ny.us/locations.html.

This meeting will include review of the draft task force recommendations for adaptation to sea level rise before they are released for general public review later in April. A meeting agenda will be made available at: http://www.dec.ny.gov/energy/45506.html by March 26.

This meeting is open to the public. Attendees are asked to pre-register by emailing their names to: slrtf@gw.dec.state.ny.us by noon, April 8. Include "April 9 Meeting" in the subject line. Attendees will be required to present a driver's license or other photo identification at 90 Church Street and should allow 15 minutes for the security check.

Information on the State Sea Level Rise Task Force is available at: http://www.dec.ny.gov/energy/45202.html.

Contact: Kristin Marcell, NYS DEC, 21 South Putt Corners Road, New Paltz, NY 12561-1696, Phone: (845) 256-3017.


Meeting Notice

The New York State Department of Environmental Conservation gives notice of the following:

The New York State Climate Action Council is developing a State Climate Action Plan, pursuant to Governor David Paterson's Executive Order 24. As part of its ongoing public outreach efforts, the council will hold a public meeting focused on climate justice issues and considerations. This meeting is open to all interested persons, but the council particularly encourages those with environmental justice concerns to participate.

The meeting will be held at the following date and locations:

Date: Wednesday, March 31, 2010
Time: 6:30 p.m. to 9:00 p.m.
Locations: New York State Department of Environmental Conservation (NYS DEC) - Albany Headquarters, 625 Broadway, Albany, NY 12233.

Interested parties may attend this meeting in Albany, or participate by videoconference at NYS DEC's regional offices in Buffalo (Region 9), Syracuse (Region 7) and Queens, New York City (Region 2). Directions to all NYS DEC offices may be found at: http://www.dec.ny.gov/about/244.html.

For those individuals unable to participate at one of the above four offices, there will be opportunity for participation by telephone. Further details, including the meeting agenda, background information, and numbers for telephone participation are available on the Climate Action Plan Website: www.nyclimatechange.us.

Contact: Arturo Garcia-costas, NYS DEC - Region 1 Office, 1 Hunter's Point Plaza, 47-40 21st Street, Long Island City, NY 11101-5407, Phone: (718) 482-7287.


Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Invasive Species Council is seeking comments on a draft report:

A Regulatory System for Non-native Species

The Council comprises nine State agencies and is co-led by the New York State Department of Environmental Conservation (NYS DEC) and the New York State Department of Agriculture and Markets. The Council is required to prepare a report for the Governor and Legislature recommending a system for non-native animal and plant species that contains three lists:

• a list of prohibited species, which should be unlawful to possess, import, purchase, sell, transport, or introduce except under a permit for disposal, control, research, or education;

• a list of regulated species ,which should be legal to possess, sell, buy, and transport but not be introduced into a free-living state;

• a list of non-native species that should not be subject to regulation.

The report must also recommend a procedure for the review of a non-native species that are not yet on the prohibited, regulated, or unregulated lists.

The draft report recommends a regulatory system for preventing the importation and/or release of non-native species. It would create the first-ever official lists of invasive species for New York State that would apply to all species of animals and plants.

The Report is available on-line at: http://www.dec.ny.gov/animals/63402.html.

The comment period runs for 45 days, from March 31 through May 14. The Council urges all to send comments via e-mail to: Invasivesreport@gw.dec.state.ny.us. Written comments may be sent by conventional mail to: NYS DEC - Office of Invasive Species Coordination, Fifth Floor, 625 Broadway, Albany, NY 12233.

Contact: Steve Sanford, NYS DEC, Fifth Floor, 625 Broadway, Albany, NY 12233, Phone: (518) 402-9148, E-mail: sxsanfor@gw.dec.state.ny.us.





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