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ENB - Statewide Notices 04/14/2010

Public Notice

Pursuant to the Environmental Conservation Law sections 3-0301 and 11-0325 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Part 189 pertaining to chronic wasting disease. This notice will be published in issue 15 of the State Register, dated April 14, 2010.

For further information, please contact:

Gordon R. Batcheller
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8885
E-mail: WildlifeRegs@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections 11-0303, 13-0329 (11), 13-0347, 11-1303, 13-0105, 13-0339-a, 13-0340-a, 13-0338 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Part 40 Marine Fish and Part 44 Lobsters and Crabs, pertaining to the management of weakfish, coastal sharks, striped bass, Atlantic cod and American lobster. This notice will be published in issue 15 of the State Register, dated April 14, 2010.

For further information, please contact:

Stephen W. Heins
NYS DEC - Division of Fish, Wildlife and Marine Resources
205 N. Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections sections 3-0301, 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-1316, and 11-1319 the New York State Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR sections 10.2, 10.3 and 10.6 pertaining to Sportfishing regulations. This notice will be published in issue 15 of the State Register, dated April 14, 2010.

The effective date of this rule will be October 1, 2010.

For further information, please contact:

Shaun Keeler
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4753
Phone: (518) 402-8928
E-mail: sxkeeler@gw.dec.state.ny.us


The New York State Department of Environmental Conservation (NYS DEC) has extended the amount of time for public review of a proposed Draft Policy for Best Technology Available for Cooling Water Intake Structures. This policy sets out NYS DEC's goals in implementing "BTA" at industrial facilities statewide and prescribes the technology required to minimize adverse environmental impact to aquatic resources. The policy and supporting documents are available on the NYS DEC website at: http://www.dec.ny.gov/animals/32847.html.

Comments will be received until June 8, 2010 via mail to: BTA Policy Comments, NYS DEC - Division of Fish, Wildlife and Marine Resources, Bureau of Habitat, 625 Broadway 5th Floor, Albany, NY 12233-4756 or via email through the website.

Contact: Christina Dowd, NYS DEC - Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4756, Phone: (518) 402-8976.


Commissioner Policy CP-45: Procedure to Demonstrate Compliance with Financial Test Requirements of Financial Assurance Regulations for Hazardous Waste Management Facilities

The New York State Department of Environmental Conservation (NYS DEC) has issued Commissioner Policy CP-45, "Procedure to Demonstrate Compliance with Financial Test Requirements of Financial Assurance Regulations for Hazardous Waste Management Facilities." This policy will take effect on May 14, 2010.

This Policy provides for the use of enforcement discretion by the NYS DEC to allow Hazardous Waste Management facilities to comply with the policy in lieu of one specific financial assurance requirement of 6 NYCRR Subclauses 373-2.8(d)(5)(iii)('c')('2'), 373-2.8(f)(5)(iii)('c')('2'), 373-2.8(h)(6)(iv)('c')('2'), 373-3.8(d)(5)(iii)('c')('2'), 373-3.8(f)(5)(iii)('c')('2') and/or 373-3.8(h)(6)(iv)('c')('2'), namely a "negative assurance" statement which is no longer allowed under American Institute of Certified Public Accountant (AICPA) standards.

Notice of the proposed Commissioner Policy was published in the December 2, 2009 issue of the Environmental Notice Bulletin, which announced a comment period and the availability of the draft document for review. The public comment period ended on January 4, 2010. No comments were received. The policy is hereby issued as final without making material change.

The final Commissioner Policy is available from the contact person listed below and on the NYS DEC website at: http://www.dec.ny.gov/chemical/60187.html.

Questions concerning the policy may be directed to: Parag Amin, NYS DEC - Division of Solid and Hazardous Materials, 625 Broadway, 9th Floor, Albany, New York 12233-7251, Phone: (518) 402-8610.



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