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ENB - Statewide Notices 11/03/2010

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0535 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 182 pertaining to Endangered and Threatened Species of Fish and Wildlife. This notice will be published in issue 44 of the State Register, dated November 3, 2010

For further information please contact:

Dan Rosenblatt
NYS DEC - Dvision of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8884
E-mail: wildliferegs@gw.dec.state.ny.us


Notice of Availability of Final New Commissioner Policy regarding Soil Cleanup Guidance (CP-51)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a final new Commissioner Policy for the selection of soil cleanup levels appropriate for each of the remedial programs in NYS DEC's Division of Environmental Remediation. This policy applies to the Inactive Hazardous Waste Disposal Site Remedial Program, known as the State Superfund Program; Brownfield Cleanup Program; Voluntary Cleanup Program; Environmental Restoration Program; Spill Response Program - Navigation Law, section 176; and the Resource Conservation and Recovery Act Corrective Action Program. It replaces Technical and Administrative Guidance Memorandum (TAGM) 4046: Determination of Soil Cleanup Objectives and Cleanup Levels; the Petroleum Site Inactivation and Closure Memorandum (February 23, 1998); and Sections III and IV of Spill Technology and Remediation Series (STARS) #1 (August 1992).

The procedures are intended for the use and guidance of both NYS DEC staff and remedial parties to provide a uniform and consistent process for the determination of soil cleanup levels. This guidance is not intended to create any substantive or procedural rights, enforceable by any party in administrative or judicial litigation with NYS DEC. NYS DEC reserves the right to act at variance with these procedures to address site-specific circumstances and to change the procedures in this guidance at any time.

It is NYS DEC's policy, consistent with applicable statutes and regulations, that all remedies will be protective of human health and the environment. NYS DEC's preference is that remedial programs, including the selection of soil cleanup levels, be designed such that the performance standard results in the implementation of a permanent remedy resulting in no future land use restrictions. However, some of NYS DEC's remedial programs are predicated on future site use. Further, it is not always feasible to return to a condition where no restrictions are required.

The proposed Commissioner Policy was published in the November 4, 2009 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. Then this public comment period was extended until December 15, 2009. NYS DEC received comments during the public comment period and they were addressed.

Pursuant to ECL §3-0301(2)(z), this new Commissioner Policy will be effective on Friday, December 3, 2010.

The final new Commissioner Policy is available on NYS 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, NY 12233-7012, Phone: (518) 402-9764.


Funding is Available for Clean Water Act Section 604(b) Projects

The New York State Department of Environmental Conservation (NYS DEC) has issued a Request for Applications (RFA) for funds available under Section 604(b) of the Federal Clean Water Act. The funding is for projects that promote regional comprehensive water quality management planning activities.

NYS DEC anticipates that approximately $900,000 will be available annually from 2011-2014. Grant recipients will receive similar funding amounts each year; however, the actual amount provided to recipients each year is subject to change based on the amount NYS DEC receives from the United States Environmental Protection Agency (US EPA).

NYS DEC prefers project periods of 3 to 4 years. The 604(b) grants will fund up to 100% of the total project cost. Projects that receive funding through this program may begin as early as April 1, 2011 and must be complete, with all funds expended, by March 31, 2015.

This round of funding supports planning activities associated with County Water Quality Coordinating Committees, Green Infrastructure, Total Maximum Daily Load elements, Phase II Stormwater for Municipal Separate Storm Sewer Systems and construction projects, and Water Quality Management Planning.

The list of eligible applicants and other specific information about the 604(b) funding can be found on the NYS DEC website at: http://www.dec.ny.gov/lands/69540.html.

Applications must be postmarked by December 15, 2010. No hand delivered or facsimile applications will be accepted. Submit applications to:

Susan E. Van Patten
NYS DEC - Division of Water
Bureau of Program Resources
625 Broadway, 4th Floor
Albany, NY 12233-3507




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