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ENB -Statewide Notices 10/27/2010

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.


Notice of Availability of New York State Department of Environmental Conservation Draft Guidance on Chapter 85, Laws of 2010:

Summary of Pesticide Prohibition Requirements and Pesticide Alternatives Regarding Schools and Day Care Centers in New York State

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared Draft Guidance on Chapter 85 of the Laws of New York State of 2010 (Chapter 85), a new law enacted in May 2010, containing prohibitions regarding pesticide use on playgrounds, turf and athletic or playing fields at schools and day care centers. As required by Chapter 85, NYSDEC developed Guidance, in consultation with the New York State Education Department and New York State Department of Health (NYS DOH); NYS DEC also consulted with the New York State Office of Children and Family Services. The Guidance is intended to help schools and day care centers comply with the new law, by providing information on alternatives to pesticides for grounds maintenance and on the new pesticide prohibition requirements.

The Guidance addresses five subjects, to provide information on the new requirements and how to comply:

A. Summary of requirements of Chapter 85 and identification of involved State agencies.
B. Information on how to maintain child-safe playing fields and turf without pesticides, to assist in complying with the new pesticide prohibition, including an introduction to alternative approaches to grounds maintenance and pest management and concepts about soil and plant health.
C. Brief description of the types of pesticide products allowed under the new law and ways to identify them.
D. Identification of agencies that schools and day care centers should contact to request an emergency pesticide application determination, as well as the basic framework for situations which will be considered an emergency by the NYS DOH and NYS DEC.
E. List of responsible State agencies and contact information for questions.

In addition, a summary of existing pesticide use requirements is included in the Draft Guidance.

Pursuant to ECL §3-0301(2)(z), written comments regarding this Draft Guidance will be accepted until November 29, 2010. Comments should be submitted to: Mary A. Roy, NYS DEC - Division of Materials Management, 625 Broadway, Albany, New York 12233-7257, e-mailed to maroy@gw.dec.state.ny.us or faxed to (518) 402-9024.

The Draft Guidance (PDF) (202 Kb) is available on the NYS DEC website or by writing Mary A. Roy at the address above or calling (518) 402-8768. A paper copy is available at the NYSDEC Albany office at the above address and at each of the nine NYS DEC regional offices.

Contact: Mary A. Roy, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7257, e-mailed to maroy@gw.dec.state.ny.us.


The New York State Department of Environmental Conservation (NYS DEC) - Division of Water (DOW) is making available the Division of Water policy DOW 1.3.10 Mercury - SPDES Permitting, Multiple Discharge Variance, and Water Quality Monitoring. The primary purpose of this document is to provide guidance for developing SPDES permits that regulate wastewater and stormwater discharges containing mercury and guidance for performing mercury monitoring. This guidance will become effective 30 days following publication of this notice in the Environmental Notice Bulletin.

Copies are available in each NYS DEC regional office, in the NYS DEC central office in Albany, and on the NYS DEC website at: http://www.dec.ny.gov/chemical/24027.html or may be requested from the contact listed below. Paper copies cost $12.75.

Contact: Shayne Mitchell, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3500, Phone: (518) 402-8111.


Notice of New York State Department of Environmental Conservation (NYS DEC) Program Policy

DAR-1: Annual Guideline and Short-Term Guideline Concentrations (AGC/SGC) Tables

Pursuant to the Issue of New Guidance Documentation, the NYS DEC gives notice of the following changes regarding Appendix C of DAR-1.

6NYCRR Part 212 (Part 212) requires all air contaminants to be assigned an Environmental Rating. The Policy Guidance Document DAR-1 assists the regional engineer in establishing Environmental Ratings on compound specific air contaminants. Environmental Ratings and the Emission Rate Potential of a process source are used within Part 212 to determine the degree of air cleaning required for the air contaminant.

The procedures for deriving an Environmental Rating, described in 212.9(a) Table 1, state that the "toxic and other properties and emission rate potential of the air contaminant" in conjunction with the "location of the source with respect to residences or other sensitive environmental receptors, including a consideration of the area's anticipated growth" and in conjunction with "emission dispersion characteristics at or near the source, taking into account the physical location of the source relative to surrounding building and terrain" and the "projected maximum cumulative impact when taking into account emissions from all sources at the facility under review and the pre-existing ambient concentration of the air contaminant under review" shall be used to determine an Environmental Rating.

To satisfy the requirements stated above, the NYS DEC established a listing of non-criteria air contaminants with acceptable ambient air concentrations to help the user of DAR-1 make an appropriate Environmental Rating determination. The listing contains both annual, Annual Guideline Concentrations (AGC) and hourly, one-hour Short-Term Guideline Concentrations (SGC) acceptable air concentrations, in micrograms per cubic meter. A listing of AGC/SGCs were incorporated into the 1991 Draft version of Air Guide-1 (DAR-1) under Appendix C and revised in 1995, 2000, 2003 and 2007. Today's action is to update the listing of AGC/SGCs with the latest toxicological information so as to establish acceptable air contaminant ambient concentrations.

The current DAR-1 maintains the text of the finalized 1997 version and keeps the AGC/SGCs Tables as a separate document for easier accessibility.

The following represents the major changes found in the year 2010 AGC/SGC Tables:

1.) Air contaminants with SGC and/or AGC values assigned under the American Conference of Governmental Industrial Hygiene Association (ACGIH) were updated using the 2010 document Threshold Limit Values for Chemical Substances and Physical Agents.

2.) As stated in previous AGC/SGC Table versions, many Federal and State ambient air quality standards are not based upon one-hour or annual averaging periods. For these standards, it is difficult to assess compliance using the DAR-1 screening procedures. As such, DAR-1 "equivalent" one-hour and annual standards have been derived using averaging time conversion factors. These "equivalent" standards act as screening surrogates for assessing compliance with those Federal and State standards not based upon one-hour or annual averaging periods. The cover memo to the Tables directs the reader to review DAR-10 when assessing compliance with all State and Federal Standards.

3.) As of January 22, 2010, the USEPA revised the Federal Ambient Air Quality Standard (NAAQS) for nitrogen dioxide. The standard is calculated as a 3-year average of the 98th percentile of the daily maximum 1-hour average concentration and must not exceed 100 ppb or 188.1 μg/m3. For the purposes of DAR-1 guidance, this value is set as the one hour short term guideline concentration (SGC) and users should refer to the October 18, 2010 AGC/SGC Tables for proper use of this value.

4.) As of June 2, 2010, the USEPA revised the Federal Ambient Air Quality Standard (NAAQS) for sulfur dioxide. The standard is calculated as a 3-year average of the 99th percentile of the daily maximum 1-hour average concentration and must not exceed 75 ppb or 196.5 μg/m3. For the purposes of DAR-1 guidance, this value is set as the one hour short term guideline concentration (SGC) and users should refer to the October 18, 2010 AGC/SGC Tables for proper use of this value.

5.) As of October 15, 2008, the USEPA revised the Federal Ambient Air Quality Standard (NAAQS) for Lead. The new NAAQS for Lead is 0.15 μg/m3, based upon a three month rolling average, replacing the previous standard of 1.5 μg/m3 which was based upon a 3 month quarterly basis. The Division will assign an "equivalent" standard to the NAAQS Lead standard as described in item 2. above.

6.) The Air Toxics Section will be releasing a revised Short-Term and Annual Guideline Concentration for acrolein. The SGC and AGC were developed by California's Office of Environmental Health Hazard Assessment (OEHHA). The SGC is changing from 0.19 µg/m3 to 2.5µg/m3 based upon a revised interpretation of the extrapolation from short term exposure, (i.e. 5 minutes) to a one-hour exposure. In the previous AGC/SGC Tables, the AGC was based upon an Environmental Protection Agency's derivation calculated from a study from 1978. A more recent toxicological study was conducted in 2008 and was used by Office of Environmental Health Hazard Assessment (OEHHA) and adopted by NYSDEC to establish a new annual health based guideline concentration for acrolein.

7.) New with the 2010 AGC/SGC tables are annual guideline concentration values for petroleum distillates used as solvents. The AGC derivation is based upon methodology adopted in the 2010 Threshold Limit Values for Chemical Substances and Physical Agents, Appendix H. Appendix H is entitled Reciprocal Calculation Method for Certain Refined Hydrocarbon Solvent Vapor Mixtures.

For further information, contact:

Steven DeSantis
NYSDEC - Division of Air Resources
625 Broadway, Albany, NY 12233-3251
Phone: (518) 402-8402
E-mail sxdesant@gw.dec.state.ny.us


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