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ENB - Statewide Notices 10/20/2010

Public Notice

New York State Department of Environmental Conservation's New York Environmental Leaders Program Open Enrollment Period

The New York State Department of Environmental Conservation (NYS DEC) is accepting applications for the New York Environmental Leaders Program (NYEL). The open enrollment period began on September 1, 2010 and applications will be accepted until October 31, 2010.

NYEL, which is entering its third year of operation, provides recognition and incentives to New York State companies and organizations that can demonstrate the use of pollution prevention practices, beyond compliance performance, or sustainable business practices as a result of their participation in NYEL. Detailed information about NYEL can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

Those accepted as members in NYEL are considered a priority for relevant NYS DEC assistance. For instance, NYEL members will be rewarded with an invitation to apply for a summer intern to help out with an environmental project that goes beyond regulatory compliance through the NYS DEC's Pollution Prevention Intern Program. In addition, NYEL members have access to a NYEL contact, within NYS DEC. The NYEL contact will be available to assist with communication between the member and NYS DEC, and to help members garner assistance in their environmental goals from the New York State Pollution Prevention Institute (www.nysp2i.rit.edu/). NYEL members are also able to use the NYEL logo to promote their green practices and receive recognition from NYS DEC for their outstanding achievements.

NYEL provides flexibility to prospective applicants by offering two membership tiers, the entry tier and the leadership tier. In addition, NYEL is open to wide array of organizations including businesses, especially manufacturers, as well as organizations such as schools, hospitals, and local governments. For more information on which tier best fits your organization, please visit the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

If your organization is interested in becoming a NYEL member during this open enrollment period, a NYEL application form for the tier your facility intends to apply for must be completed and returned by October 31, 2010. Interactive versions of the NYEL Entry Tier Application and NYEL Leadership Tier Application forms are available for download on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

If you have any questions, require any additional information, or experience problems down loading the applications, please do not hesitate to contact Ryan Waldron, NYS DEC - Division of Environmental Permits, Pollution Prevention Unit, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9194, E-mail: rpwaldro@gw.dec.state.ny.us.

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., October 25, 2010 in Room 129 at the NYS DEC's 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 217, Motor Vehicle Emissions

• Part 218, Emissions Standards for Motor Vehicles and Motor Vehicle Engines; and Part 200, General Provisions

• Part 247, Outdoor Wood Boilers; and Part 200, General Provisions

This meeting is open to the public.

This meeting will be webcast soon after the conclusion of the meeting. 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.

Regional Haze State Implementation Plan Revisions For Legislation Amending the Environmental Conservation Law to Require a Reduction in Sulfur for Heating Oil Used in New York State and Inclusion of New York City Local Law Requiring Low Sulfur Heating Oil Used in New York City

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) plans to submit State Implementation Plan (SIP) revisions for the Regional Haze SIP. These revisions consist of legislation amending the Environmental Conservation Law (ECL) to require a reduction in sulfur for heating oil used in New York State. The ECL was amended by adding a new section 19-0325 to require that on or after July 1, 2012, all number two heating oil sold for use in residential, commercial, or industrial heating within New York State shall not have a sulfur content greater than fifteen parts per million. Additional revisions to the Regional Haze SIP include the requirements in New York City Local Law 194-A, which requires that by 2012, the sulfur content of number four heating oil be limited to no more than 1,500 parts per million by October 1, 2012; all sources (boilers for heating space and water, over 350,000 btu/hr) of number four and number six heating oil will be required to use the low sulfur number four oil; and at equipment replacement, the use of the equivalent (for PM and NOx emissions) of number two or natural gas will be required.

The Regional Haze SIP which was submitted to the United States Environmental Protection Agency on March 15, 2010 contained a low sulfur fuel oil reduction strategy through which New York will reduce the sulfur content to specific limits by 2012. The revisions to the ECL being submitted today address those strategies as they relate to the residential, commercial/institutional, electrical or industrial burning of number two fuel oil satisfying, in part, New York State's obligation under this SIP. Local Law 194-A requires sulfur reductions in number four heating oil. Please note that these requirements were established through state and local legislation, respectively, rather than rulemaking and are presently in effect without a need for rule promulgation.

NYS DEC is providing a 30 day period to comment on the inclusion of these revisions in the SIP. Written comments should be submitted by 5:00 p.m. on November 22, 2010 to Diana L. Rivenburgh, NYS DEC - Division of Air Resources, 625 Broadway, 2nd Floor, Albany, NY 12233-3251 or by e-mail to: dar.sips@dec.ny.gov. Diana L. Rivenburgh can be reached at (518) 402-8396 with any questions regarding these SIP revisions.

Notice of Proposed 2011 Atlantic Ocean Surfclam Annual Harvest Limit

Pursuant to Environmental Conservation Law Section 13-0309 and Subpart 43-2 of Title 6 of the New York Codes Rules and Regulations, the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) is proposing to establish the 2011 annual harvest limit for surfclams taken by mechanical means from the certified waters of the Atlantic Ocean at 300,000 industry standard bushels which would maintain the level of harvest (total allowable catch) at the limits set in 2009 and 2010. NYS DEC completed a surfclam population assessment survey in the New York State waters of the Atlantic Ocean in 2008. The results of the survey reported a surfclam population estimate (biomass or volume) of 6.9 million industry standard bushels, a decrease of 27% since the 2006 survey. Additionally, the total number of clams decreased to 775 million clams in 2008 representing a 22% decline since the 2006 survey. Although the overall recruitment and percentage of sub-legal sized clams from the Atlantic Ocean for this survey was about 10% which is an increase from the 2006 estimate of 2%, seed clams were limited to small areas of the Ocean.

Pursuant to NYS DEC's Fishery Management Plan for the Atlantic Ocean Surfclam Fishery and 6NYCRR Part 43-2, the annual harvest limit shall not exceed 5 percent of the fully recruited biomass based on the most recent surfclam population assessment (survey) for the Atlantic Ocean. The proposed harvest limit of 300,000 industry standard bushels represents 4.35 percent of the surfclam population biomass based on the 2008 surfclam survey. The proposed annual harvest limit of 300,000 industry standard bushels is necessary in order to protect the long-term sustainability of the resource and economic viability of the surfclam fishery. NYS DEC will announce the annual harvest limit for 2011 no later than November 15, 2010 for an effective date of January 1, 2011 after taking into consideration public comment and any other relevant fishery related information.

Written comments on the proposed 2011 Atlantic Ocean surfclam annual harvest limit will be accepted by mail, email, or fax until close of business, Wednesday, November 3, 2010.

Comments should be sent to:

Debra A. Barnes
NYSDEC - Division of Fish, Wildlife and Marine Resources
205 North Belle Mead Road, Suite 1
East Setauket, NY 11733
Fax: (631) 444-0496
Phone: (631) 444-0483
Email: dabarnes@gw.dec.state.ny.us

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