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ENB - Statewide Notices 05/12/2010

Public Notice

Environmental Board Meeting

The New York State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., May 26, 2010, in Room 629 at the Department's main office at 625 Broadway, Albany, New York.

The Board will consider the following rulemaking actions of the Department of Environmental Conservation:

  • Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines; and Part 200, General Provisions
  • Part 220, Portland Cement Plants and Glass Plants; and Part 200, General Provisions
  • Part 227, Stationary Combustion Installations; Subpart 201-3, Exemptions and Trivial Activities; and Part 200, General Provisions
  • Part 234, Graphic Arts; Part 201, Permits and Registrations; and Part 200, General Provisions

This meeting is open to the public.

This meeting will be webcast. To observe the meeting go to: http://www.dec.ny.gov/public/36245.html

Contact: Ruth L. Earl, Executive Secretary, State Environmental Board, NYS DEC, 625 Broadway, Albany, NY 12233.



Notice of Proposed Rule Making

6 NYCRR Part 649, New York State Water Pollution Control Revolving Fund Regulations

Pursuant to Environmental Conservation Law Section 17-1909(3); Public Authorities Law Sections 1284(5) and 1285-j(4), State Finance Law Section 243

The Water Pollution Control Linked Deposit Program Act (Act) was signed into law on July 18, 2007 as Chapter 262 of the Laws of 2007. The Act establishes a new program, the linked deposit program (LDP), under the Clean Water State Revolving Fund (CWSRF). The Act became effective as of January 18, 2008. The Act allows for LDP investments to be made from the CWSRF for repairs/replacements of septic systems or connections to sewers for residences and small businesses; and for the implementation of management programs established under § 319 of the Federal Water Pollution Control Act related to agricultural operations. The act prohibits the making of linked loans after September 30, 2011.

The statute directs the New York State Environmental Facilities Corporation (NYS EFC) to list projects, upon approval, on the CWSRF Intended Use Plan (IUP). This requirement must be met with the least possible delay because many of the projects that will utilize the LDP need immediate attention and cannot afford to be delayed.

As LDP projects would not readily fit into other IUP categories, NYS EFC proposes that the program itself be listed on the IUP, in a separate Category F, with periodic IUP updates to disclose the deposits relating to borrowers receiving LDP loans.

Creation of Category F will require changes to New York State Department of Environmental Conservation's (NYS DEC) CWSRF Regulations as well as conforming changes to NYS EFC's CWSRF Regulations.

SEQR/SERP reviews must be conducted on the regulatory amendments for the program, and on the program itself, possibly for each linked deposit or via a Generic Environmental Impact Statement depending on the type of projects benefited by NYS EFC's linked deposits.

NYS DEC and NYS EFC will develop, with the support of the New York State Department of Agriculture and Markets (NYS DAM), the New York State Department of State (NYS DOS) and the New York State Department of Health (NYS DOH), eligibility criteria (qualifying information) for linked loans. The Act requires NYS EFC to coordinate with NYS DOS, but septic systems are primarily regulated by NYS DOH. A residential and small business on site wastewater treatment system eligible project must be one approved by the state or local department of health, therefore NYS DOH should also be consulted.

Public Authorities Control Board (PACB) approval may be required for each linked deposit or a general approval of the program may be sought by NYS EFC.

The Notice of Proposed Rulemaking with all required documentation is expected to be published in the May 19, 2010 State Register.

For Further Information, contact:

Robert Simson
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8271


Public Information Meetings

The New York State Department of Environmental Conservation (NYS DEC) will conduct four public information meetings to present proposed revisions to 6 NYCRR Part 212 General Process Emission Sources and respond to questions prior to the required public hearings. The meetings will be structured to present significant revisions of the regulation and the New York State Air Toxics Program by NYS DEC staff. The meeting will provide time for questions and answers about the draft revisions. The locations and timing of these meetings are as follows:

Monday, May 24, 2010 - NYS DEC Headquarters, Public Assembly Room 129A&B, 625 Broadway, Albany, NY

Tuesday, May 25, 2010 - NYS DEC - Region 2 Office, Annex Building Basement, 11-15 47st Avenue, Long Island City, NY

Monday, June 7, 2010 - NYS DEC - Region 8 Office, Public Conference Room, 6274 East Avon-Lima Road, Avon, NY

Tuesday, June 8, 2010 - NYS DEC - Region 9 Office, Public Conference Room 156, 270 Michigan Avenue, Buffalo, NY

For all locations: Informational Session: 1:00 pm to 3:00 pm

For further information, contact:

Thomas Gentile
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3259
Phone: (518) 402-8402
E-mail: tjgentil@gw.dec.state.ny.us


Notice of Availability of Proposed Commissioner Policy regarding Climate Change and New York State Department of Environmental Conservation Action

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a proposed Commissioner Policy on climate change and NYS DEC action. In order to perform its core mission of conserving, improving, and protecting New York's natural resources and environment, the policy directs NYS DEC staff, to the extent applicable and within their existing statutory and regulatory authority, to incorporate climate change considerations in all aspects of its activities, including but not limited to decision-making, planning, permitting, remediation, rulemaking, grants administration, natural resource management, enforcement, land stewardship and facilities management, internal operations, contracting, procurement, and public outreach and education.

This Policy includes five components that are intended to integrate climate change considerations into NYS DEC activities:

1. Greenhouse gas reduction goals and the integration of specific mitigation objectives into applicable NYS DEC programs, actions and activities;
2. Climate change adaptation goals and the integration of specific mitigation objectives into applicable NYS DEC programs, actions and activities;
3. Climate change factors to guide NYS DEC programs, activities and decisions;
4. Designation of climate change coordinators and formation of NYS DEC Climate Action Team; and
5. Annual climate change programmatic review to identify specific actions that will be taken that further the Policy's climate change goals and objectives.

Pursuant to ECL §30301(2)(z), written comments regarding this proposed Commissioner Policy will be accepted until June 11, 2010. Comments should be submitted to David G. Barnet, NYS DEC - Commissioner's Policy Office, 625 Broadway, Albany, New York 12233-1010 or e-mailed to climatechange@dec.ny.gov.

The proposed Commissioner Policy is available by writing David G. Barnet at the address above or calling (518) 402-9234. A copy may also be found on the NYS DEC website at: http://www.dec.ny.gov/regulations/65034.html.

Contact: David G. Barnet, NYS DEC - Commissioner's Policy Office, 625 Broadway, Albany, New York 12233-1010, Phone: (518) 402-9234, E-mail: climatechange@dec.ny.gov.




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