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ENB - Statewide Notices 08/18/2010

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0307, 11-0903, 11-0905, 11-0909, 11-0911, and 11-0917 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 sections 2.30 and 180.10 pertaining to Migratory Game Birds and Game Harvest Reporting . This notice will be published in issue 33 of the State Register, dated August 18, 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@dec.ny.gov

Notice Of Intent and Stormwater Management Plan for State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) (GP-0-10-002)

To provide an opportunity for the public to review and comment on the Notices Of Intent (NOI)s submitted to gain coverage under the MS4 GP-0-10-002, according to part II.B. of this general permit, the NOIs received by the New York State Department of Environmental Conservation (NYS DEC) are public noticed. For the MS4s that were previously covered under the GP-0-08-002, the availability of their stormwater management program (SWMP) plans and the 2009-2010 annual reports (ARs) are made available as an update to the initial NOIs.

An NOI Availability Report (including new NOIs and the location of the SWMPs and ARs) is posted on: http://www.dec.ny.gov/chemical/41392.html. The updates to the NOI Availability Reports will be periodically posted on the Environmental Notice Bulletin.

The NYS DEC reserves the right to require any applicant seeking or maintaining coverage under GP-0-10-002 to apply for an individual or alternative SPDES general permit, or accept the NOI as complete. The process of public noticing and public involvement is described below:

1. Written comments on the NOIs and SWMP plan must be submitted to the following addresses within 28 days from this ENB posting (September 15, 2010).
a. E-mail: Stormwater_info@dec.ny.gov
b. MS4 stormwater coordinators as identified in the NOI or SWMP

2. Upon the receipt of the comments, the NYS DEC will start an evaluation, examine the issues against the public comments previously received and evaluated by the MS4s and historical records of the MS4 activities, address the issue raised by commenter, or propose a change to the NOI or SWMP.

3. Based on the outcome of this process, the NYS DEC will make a decision as to whether coverage under GP-0-10-002 can be provided or maintained, or issuance of an individual or alternative SPDES general permit should be considered.

Contact: Shohreh Karimipour, NYS DEC - Division of Water, Bureau of Water Permits, 625 Broadway, Albany, New York 12233-3505, Phone: (518)402-8111, Fax: (518)402-9029.

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

Notice is hereby given that the New York State Department of Environmental Conservation (DEC) has prepared a final new 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 public 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 the site cleanup process, from investigation through completion of remediation for sites in the Spill Response Program, Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Environmental Restoration Program, Brownfield Cleanup Program, Voluntary Cleanup Program, and the Resource Conservation and Recovery Act (RCRA) Program.

Green remediation considers all impacts to the environment when planning and executing a cleanup, and it is a means to conduct cleanups such that they have the greatest net benefit to the environment. This document provides concepts and techniques of green remediation and guidance on how to apply them to Division of Environmental Remediation's (DER) remedial programs, but does not specify methods or criteria to be used to quantify the effectiveness of the various green remediation concepts or remedial alternatives. The concepts will be considered and 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.

The proposed new Program Policy was published in the March 31, 2010 issue of the Environmental Notice Bulletin, which announced a 30 calendar day public comment period pertaining to the policy and the availability of the full text document for review. 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 September 17, 2010.

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

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