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ENB - Statewide Notices 06/30/2010

Public Notice

Notice of Public Meeting

Notice is hereby given that the New York State Climate Action Council will hold public information and comment meeting on the state climate action planning process on July 8, 2010.

On August 6, 2009, Governor David A. Paterson signed Executive Order 24, setting a goal to reduce New York State's greenhouse gas emissions by 80 percent of their 1990 levels by 2050. The executive order also created the New York State Climate Action Council and directed it to prepare a draft climate action plan. The draft climate action plan will be released for public review in November 2010. The plan will assess how all economic sectors can reduce greenhouse gas emissions and adapt to climate change, and identify the extent to which such actions support New York's goals for a clean-energy economy.

At this second public meeting in the climate action planning process, staff from the New York State Department of Environmental Conservation and the New York State Energy Research and Development Authority will describe the process the New York State Climate Action Council is using to develop the climate action plan. Meeting attendees will have the opportunity to ask questions about the state's climate programs and the climate action planning process, and to express their comments. All interested members of the public are invited to attend.

Further information on the climate action planning process and on participating in this meeting via web conference or telephone is available at: http://www.nyclimatechange.us. The meeting agenda will be available at this website after July 1.

Date: Thursday, July 8, 2010
Time: 7:00 p.m.
Location: Public Service Commission
4th Floor Board Room
90 Church Street
New York, NY 10007

Directions are available at: http://www.dps.state.ny.us/locations.html .

Pre-registration is requested to attend the meeting in New York City. Please pre-register by e-mailing climatechange@gw.dec.state.ny.us; include the words "July 8 Pre-registration" in the subject line. Meeting attendees must be prepared to present photographic identification.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, New York 12233-1030. Phone: (518) 402-8448 E-mail: climatechange@gw.dec.state.ny.us.


Notice of Adoption

6 NYCRR Part 220, Portland Cement Plants and Glass Plants
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on June 10, 2010, filed with the Department of State on June 11, 2010, to be effective July 11, 2010, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; and 6 NYCRR Part 220, Portland Cement Plants and Glass Plants.

This regulation will require updated Reasonably Available Control Technology (RACT) for emissions of oxides of nitrogen (NOx) for cement kilns at portland cement plants (Subpart 220-1), and require NOx RACT for glass furnaces at glass plants (Subpart 220-2). The proposed revisions will apply to major facilities only. Major facilities are those that have a potential to emit NOx emissions that exceed 100 tons/yr (upstate) and 25 tons/yr (downstate).

For further information, contact:

Robert Stanton
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: air.regs@dec.ny.gov


Notice of Availability of Final New 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 final new 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 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 proposed Program Policy was published in the November 4, 2009 issue of the Environmental Notice Bulletin (ENB), which announced a 30 calendar day public comment period pertaining to the policy and the availability of the full text document for review. Then a second 30 calendar day public comment period was announced in the March 31, 2010 issue of the ENB. NYS DEC received comments during these public comment periods and they were addressed.

Pursuant to ECL 3-0301(2)(z), this new Program Policy will be effective on July 30, 2010.

The final new Program Policy is available on NYS DEC's website at: Remediation Guidance and Policy Documents. It can also be obtained by writing to: Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012 or calling (518) 402-9764.

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764.


Acquisition of Property for State Parkland

Pursuant to a certain Settlement Agreement and Stipulation of Discontinuance With Prejudice between and among Telesector Resources Group Inc. (TRG), the New York State Department of Environmental Conservation (NYS DEC), the Office of the Attorney General of the State of New York, and the State of New York, so ordered by Acting Supreme Court Justice William K. Nelson on April 10, 2001 (the Settlement Agreement), TRG agreed to deposit $2,350,000 into an escrow account to be used for the

. . . acquisition of lands and interests in land, and activities related to the acquisition of such lands or interests, such as surveys, transfer fees, experts, and other costs, in the Hudson Highlands, an area on the western side of the Hudson River ranging from lower Rockland County to upper Ulster County, for use as parklands. All such lands and interests in lands shall be acquired by and held in the name of the People of the State of New York under the jurisdiction of the New York State Department of Environmental Conservation (NYS DEC), or held in the name of such other New York State or other governmental entity as may be deemed appropriate by the New York State Department of Environmental Conservation . . .

As contemplated by the Settlement Agreement, the Palisades Interstate Park Commission (PIPC), a governmental entity deemed appropriate by the NYS DEC, intends to utilize a portion of the funds to acquire three parcels of property, consisting of approximately 14 acres, from Rockland County. The description of the parcels to be acquired is as follows:

Parcel I

New Tax Lot 26.11-3-1

All that certain plot, piece or parcel of land situate, lying and being in the Town of Haverstraw, County of Rockland and State of New York. Being more fully bounded and described as follows:

BEGINNING at a point located at the point of intersection formed by the division lines between the Village of West Haverstraw to the northeast, the Village of Haverstraw to the southeast and the Town of Haverstraw to the northwest, said point also being located at the southwest corner of lands now or formerly of Elfriede Rauch (Tax Lot 26.50-1-1), the northwest corner of lands now or formerly of the County of Rockland (Tax Lot 26.50-1-5) both located in the Village of Haverstraw and the southeast corner of lands now or formerly of Charles B. Miller (Tax Lot 26.11-2-61) located in the Village of West Haverstraw; running thence

1. S44-49-27W, 60.75 feet along the division line between the Village of Haverstraw to the southeast and the Town of Haverstraw to the northwest, also being the northwesterly line of lands now or formerly of the County of Rockland (Tax Lot 26.50-1-7) and the northwesterly terminus of the right-of-way of Brems Place; running thence along the line of Parcel "A" and Parcel "B" the following five (5) courses and distances:

2. N76-17-55W, 190.00 feet;

3. on a curve to the left having a radius of 80.00 feet, an arc length of 147.69 feet;

4. S02-04-25E, 67.50 feet;

5. S21-27-15E, 81.04 feet;

6. S36-11-50E, 53.14 feet; thence

7. S44-49-27W, 453.67 feet again along the division line between the Village of Haverstraw to the southeast and the Town of Haverstraw to the northwest, also being the northwesterly line of Tax Lot 26.49-1-1; thence

8. N64-32-30W, 594.55 feet along the northeasterly line of lands now or formerly of the Palisades Interstate Park Commission (Tax Lot 26.15-2-25); running thence along the division line between the Village of West Haverstraw to the northwest and northeast and the Town of Haverstraw to the southeast and southwest the following three (3) courses and distances:

9. N56-47-10E, 979.83 feet along the southeasterly line of lands now or formerly of Janet L. Edwards (Tax Lot 26.11-2-37), James & Barbara Bodnar (Tax Lot 26.11-2-38), Thomas & Melanie Lucardi (Tax Lot 26.11-2-39), Brian & Brueckner Higgins (Tax Lot 26.11-2-40), Thomas Novak (Tax Lot 26.11-2-41), and Tara Heights II Homeowners (Tax Lot 26.11-2-50);

10. S69-41-15E, 124.59 feet along the southwesterly line of lands now or formerly of Richard Kovalsky (Tax Lot 26.11-2-54) and Robert & Patricia Runge (Tax Lot 26.11-2-58);

11. S48-19-25E, 244.84 feet along the southwesterly line of lands now or formerly of Robert & Patricia Runge (Tax Lot 26.11-2-58), Richard J. & Mary Ellen Pesci (Tax Lot 26.11-2-59), Thomas & Anilda McSharar, Jr. (Tax Lot 26.11-2-60) and Charles B. Miller (Tax Lot 26.11-2-61) to the point or place of BEGINNING.

Consisting of 359,828 square feet of land;

Parcel II

New Tax Lot 26.49-1-1

All that certain plot, piece or parcel of land situate, lying and being in the Village of Haverstraw, County of Rockland, and State of New York. Being more fully bounded and described as follows:

BEGINNING at a point located at the existing southwest corner of lands now or formerly of Hudson Harborview Associates, LTD (Tax Lot 26.50-1-6.2) and the northwest corner of lands now or formerly of the County of Rockland (Tax Lot 26.50-1-7); running thence

1. S15-56-07W, 408.82 feet along the westerly line of lands now or formerly of the County of Rockland (Tax Lot 26.50-1-7); running thence along the northeasterly line of lands now or formerly of the Palisades Interstate Park Commission (Tax Lot 26.15-2-25) the following two (2) courses and distances:

2. N58-26-30W, 195.84 feet;

3. N64-32-30W, 150.45 feet; thence

4. N44-49-27E, 453.67 feet along the division line between the Town of Haverstraw to the northwest and the Village of Haverstraw to the southeast, also along the southeasterly line of Tax Lot 26.11-3-1 thence

5. S44-47-50E, 135.05 feet along the southwesterly line of Parcel "D" to the point or place of BEGINNING.

Consisting of 97,950 square feet of land; and

Parcel III

All that certain lot, piece or parcel of land, situate, lying and being in the Village of Haverstraw, County of Rockland, and State of New York identified on the Village of Haverstraw 2008 tax records as Tax Map Parcel No. Section 26.50, Block 1, Lot 7.

A proposed order authorizing the disbursement of funds for the purchase of this property will be submitted to the New York State Supreme Court for the County of Rockland for approval. Upon completion of the acquisitions, the acquired property shall be held and maintained by PIPC as parkland.

As further provided by the Settlement Agreement, interested members of the public are hereby invited to submit comments regarding the proposed acquisitions by close of business on July 30, 2010. All such comments should be sent to:

Hugh L. McLean
Assistant Attorney General
Criminal Prosecutions Bureau
New York State Attorney General's Office
120 Broadway Room 22D64
New York, NY 10271-0332


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