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ENB - Statewide Notices 05/19/2010

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 NYS DEC main office at 625 Broadway, Albany, New York.

The Board will consider the following rulemaking actions of the New York State Department of Environmental Conservation (NYS DEC):

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 Draft New York State Department of Environmental Conservation Program Policy

DAR-12: "Sustainably Harvested" Determination for Purposes of "Eligible Biomass," Part 242

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a draft Division of Air Program Policy entitled: DAR-12, "Sustainably Harvested" Determination for Purposes of "Eligible Biomass," Part 242 (Policy).

Stationary combustion units regulated under the New York State CO2 Budget Trading Program, 6 NYCRR Part 242 (Part 242), may deduct, as a compliance mechanism, the carbon dioxide (CO2) emissions attributable to the burning of "eligible biomass" from their total CO2 allowance obligation. 6 NYCRR §242-6.5(b)(1). Before a regulated unit may make such a deduction, however, NYS DEC must first determine that a particular fuel source meets the definition of "eligible biomass" in Part 242. 6 NYCRR §242-1.2(b)(43). The definition of "eligible biomass" in Part 242 requires, among other things, that the fuel source be "sustainably harvested." Moreover, Part 242 states that "sustainably harvested" will be determined by NYS DEC.

Therefore, the purpose of the proposed Policy is to establish the criteria by which sources of forest-based woody biomass, and unadulterated wood and wood residues, will be evaluated by NYS DEC in order to determine whether they are "sustainably harvested." This "sustainably harvested" determination is only for purposes of being considered "eligible biomass" pursuant to Part 242. Guidance regarding NYS DEC's determination of "sustainably harvested" for other biomass fuel sources is still under development.

The Policy will require that sufficient documentation be provided to NYS DEC to allow NYS DEC to perform an evaluation regarding whether the particular biomass fuel source qualifies as "sustainably harvested." Such documentation should demonstrate that the biomass is obtained from land that meets the Certification Criterion and the Permanence Criterion as outlined in the Policy.

The draft Policy is available on the NYS DEC's website at: http://www.dec.ny.gov/energy/65141.html. Pursuant to ECL §3-0301(2)(z), public comments on the draft Policy will be accepted for a 30 day period. Comments must be received by 5:00 p.m. June 18, 2010.

Comments, and any questions on this Policy, should be directed to:

Michael Cronin
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: dar12@gw.dec.state.ny.us

Notice of Availability of Final New Program Policy for Technical Guidance for Site Investigation and Remediation (DER-10)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a final new Program Policy which provides an overview of the site investigation and remediation process for the Inactive Hazardous Waste Disposal Site Remedial Program, known as State Superfund Program (SSF); Brownfield Cleanup Program (BCP); Environmental Restoration Program (ERP); and Voluntary Cleanup Program (VCP); and for certain petroleum releases. The NYS DEC - Division of Environmental Remediation (DER) administers the SSF, BCP, ERP, VCP, and Bulk Storage Programs and provides response to releases of petroleum. This guidance assists the user in developing and implementing investigation and remediation projects involving contaminated sites under these programs administered by DER. It is a separate document of the requirements for a remedial program set forth in statute and regulation, as well as in guidance. It reflects DER's experience and knowledge in developing and managing the various programs for the past 25 years.

This guidance provides the scope of activities needed to satisfy minimum requirements for the life-cycle of the site-specific remedial program under the SSF, BCP, ERP, and VCP, and for certain petroleum releases. It facilitates consistent, accurate, efficient and timely completion of remedial projects. It also contains the minimum technical activities NYS DEC will generally accept for projects where DER oversight, approval or acceptance is sought or mandated by law.

DER will, however, determine the acceptable minimum technical activities for a particular site upon consideration of all the facts and circumstances of such site under the authority of applicable laws and regulations. No provision of this guidance document should be construed to limit DER's authority to require additional investigation and/or remediation based upon site-specific conditions. Sections 1.1 and 1.2 present the scope and applicability of this guidance document in more detail.

No provisions of this guidance, however, should be construed to alter the requirements of the Navigation Law or Environmental Conservation Law (ECL), or any regulation or order or permit having the force of law. This guidance does not replace or supersede protocols established for emergency spill response actions, emergency drum removal actions, and other such events requiring immediate responses and follow-up. In such time-critical situations, existing guidance established pursuant to applicable emergency response laws, regulations and policy, and directives of the on-scene NYS DEC Spill Responder or Project Manager must be followed.

The proposed new Program Policy was published in the November 4, 2009 issue of the Environmental Notice Bulletin, which announced a 60 calendar day public comment period pertaining to the policy and the availability of the full text document for review. Then this public comment period was extended until January 15, 2010. NYS DEC received comments during this public comment period and they were addressed.

Pursuant to ECL 3-0301(2)(z), this new Program Policy will be effective on June 18, 2010.

The final new Program Policy is available on DEC's website at: http://www.dec.ny.gov/regulations/2393.html. It can also be obtained by writing to Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, New York 12233-7012, Phone: (518) 402-9764.

Clean Water State Revolving Fund (CWSRF)
CWSRF Proposed Regulations
Water Pollution Control Linked Deposit Program

The New York State Environmental Facilities Corporation (NYS EFC) is proposing amendments to the New York State Clean Water Revolving Fund (CWSRF) Regulations, currently codified under 21 NYCRR Part 2602. The CWSRF program was created and is jointly administered by the New York State Department of Environmental Conservation (NYS DEC) and NYS EFC pursuant to Chapter 565 of the Laws of 1989.

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 CWSRF. The Act became effective as of January 18, 2008. The Act allows for LDP investments to be made from the CWSRF for repairs or replacements of septic systems, or connections to sewers, for residences or small businesses; and for the implementation of management programs established under Section 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 statue directs 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 NYS EFC's CWSRF regulations.

The Notice of Proposed Rulemaking for the NYS EFC CWSRF regulations revisions was filed with the New York State Department of State on May 4, 2010. The notice will be published in the State Register on May 19, 2010.

The NYS EFC CWSRF regulation revisions for the Water Pollution Control Linked Deposit Program are available on the NYS EFC web page at: www.nysefc.org (Click on "Programs", then "Clean Water State Revolving Fund", then "Regulations").

For a copy of the NYS EFC CWSRF Linked Deposit regulation revisions, or information on the CWSRF program, please contact:

David Morseman
SRF Program Services Coordinator
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 (within NYS only) or (518) 402-7396
Fax: (518) 402-7456
E-mail: morseman@nysefc.org

New York State Climate Action Council

Videoconference on Environmental Justice Issues

Climate Action Plan - Environmental Justice Meeting and Videoconference - Tuesday, May 25, 2010

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 activities, the Council will hold a statewide videoconference to explore and obtain additional input on environmental justice considerations as the development of the Plan enters a critical phase.

This meeting/videoconference 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 New York State Department of Environmental Conservation (NYS DEC) Headquarters, 625 Broadway, Albany, NY 12233 on Tuesday, May 25 from 5:30 p.m. to 7:30 p.m.

Interested parties may attend this meeting in Albany, or participate by videoconference at NYS DEC's regional offices in Buffalo or New York City. RSVP to Arturo Garcia-Costas via email at: axgarcia@gw.dec.state.ny.us by Friday, May 21.

Further details, including an agenda, background information, and directions to the three DEC offices will be posted on the Climate Action Plan Website: www.nyclimatechange.us by Monday, May 17.

Contact: Arturo Garcia-Costas, NYS DEC - Region 2 Office, Office of Environmental Justice, 47-40 21st Street, Long Island City, NY 11101, Phone: (718) 482-7287, E-mail: axgarcia@gw.dec.state.ny.us.

Meeting Notice

Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following: The New York Invasive Species Council is convening its eighth regular meeting on:

Date: Wednesday, May 26, 2010
Time: 10:30 a.m. to 3:00 p.m.
Location: New York State Department of Transportation (NYS DOT)
50 Wolf Road
Albany, NY

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

Contacts: Assistant Commissioner Christopher Amato, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8533 and Deputy Commissioner Jacqueline Moody-Czub, New York State Department of Agriculture and Markets, 10 B Airline Drive, Albany, NY 12235, Phone: (518) 457-0752.

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