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ENB - Statewide Notices 12/08/2010

Public Notice

Notice of Opportunity for Public Comment - New York State Climate Action Plan Interim Report

The New York State Climate Action Council announces the availability of the Climate Action Plan Interim Report for public review and comment.

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 below levels emitted in year 1990 by year 2050. The executive order also created the New York State Climate Action Council and directed it to prepare a plan to identify actions to achieve that goal, adapt to the effects of unavoidable climate change and stimulate a clean energy economy.

The Climate Action Council launched a process that brought together more than 100 technical experts and stakeholders and the broader public to identify and examine both mitigation and adaptation policy options, and to analyze the costs and benefits of adopting these policies. The preliminary results of this analysis have been summarized in the Interim Report.

Following review of public comment received on the Interim Report and additional analyses, including further evaluation of the effects of climate policy options on economic development and job creation, the Council will present a final Climate Action Plan in 2011.

All interested members of the public are invited to review and comment on the Interim Report. The 90 day public comment period will end on February 7, 2011. The Interim Report and instructions for submitting comments can be found at: http://www.nyclimatechange.us.

Public hearings on the Interim Report will be held in several locations across the state in early 2011.

Interested members of the public are encouraged to enroll on the Climate Action Plan mailing list (listserve) at http://www.nyclimatechange.us to receive direct notification of public hearings and other information related to the Climate Action Plan.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448, E-mail: Office of Climate Change.

Notice of Adoption of New York State Department of Environmental Conservation Program Policy

DAR-12: "Sustainably Harvested" Determination for Purposes of "Eligible Biomass," Part 242

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has adopted a Division of Air Program Policy entitled: DAR-12, "Sustainably Harvested" Determination for Purposes of "Eligible Biomass," Part 242 (Policy). Pursuant to ECL §3-0301(2)(z), the Policy will take effect on January 7, 2011.

Stationary combustion units regulated under the New York State CO2 Budget Trading Program, 6 NYCRR Part 242 (Part 242), may deduct, as a compliance mechanism, the carbon dioxide (CO2) emissions attributable to the burning of "eligible biomass" from their total CO2 allowance obligation. 6 NYCRR §242-6.5(b)(1). Before a regulated unit may make such a deduction, however, NYS DEC must first determine that a particular fuel source meets the definition of "eligible biomass" in Part 242. 6 NYCRR §242-1.2(b)(43). The definition of "eligible biomass" in Part 242 requires, among other things, that the fuel source be "sustainably harvested." Moreover, Part 242 states that "sustainably harvested" will be determined by NYS DEC.

Therefore, the purpose of the Policy is to establish the criteria by which sources of forest-based woody biomass, and unadulterated wood and wood residues, will be evaluated by NYS DEC in order to determine whether they are "sustainably harvested." This "sustainably harvested" determination will be made by NYS DEC on an individual, case-by-case basis, and is only for purposes of being considered "eligible biomass" pursuant to Part 242. Guidance regarding NYS DEC's determination of "sustainably harvested" for other biomass fuel sources is still under development.

The Policy will require that sufficient documentation be provided to NYS DEC in order to allow NYS DEC to perform a case-by-case evaluation regarding whether the particular biomass fuel source qualifies as "sustainably harvested." Such documentation should demonstrate that the biomass meets the Certification Criterion and the Carbon Re-sequestration Criterion, as outlined in the Policy.

Pursuant to ECL §3-0301(2)(z), notice of the proposed Policy was initially provided in the May 19, 2010 edition of the Environmental Notice Bulletin, and a draft version of the Policy was made available to the public. Moreover, public comments on the draft Policy were accepted for a 30 day period, through June 18, 2010.

Eighteen parties submitted comments on the draft proposed Policy. NYS DEC has prepared a response to comments summary document, which is available on the NYS DEC website at: http://www.dec.ny.gov/energy/70483.html.

Moreover, in response to public comments, NYS DEC made some revisions to the Policy. The final version of the Policy is available on the NYS DEC website at: http://www.dec.ny.gov/energy/65141.html.

Questions regarding the Policy should be directed to: Michael Cronin, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: dar12@gw.dec.state.ny.us, from whom a copy of the Policy may also be obtained.

Notice of Final Generic Environmental Impact Statement and Final New York State Solid Waste Management Plan

New York State Department of Environmental Conservation (NYS DEC) announces the adoption of the Final New York State Solid Waste Management Plan and the associated Final Generic Environmental Impact Statement. Environmental Conservation Law (ECL) Section 27-0103 requires NYS DEC to develop a state solid waste management plan and biennial updates. The final Plan addresses the broad environmental implications of solid waste management alternatives, considers the environmental implications of recommendations to reduce waste and maximize recycling, and provides direction for the state's solid waste management system over the next ten years.

In accordance with Section 3-0301.2(z) of the ECL, NYS DEC published notice of the draft Plan in the May 5, 2010 edition of the Environmental Notice Bulletin (ENB) and received comments until August 16, 2010. Five public hearings were held at which 55 people provided testimony. More than 120 individuals and organizations submitted written comments, and more than 430 people signed form letters, called or e-mailed regarding elements of the draft Plan. In total, more than 1,300 individual comments were received during the comment period. These comments are presented in the Responsiveness Summary, as are NYS DEC's responses to them. This final Plan shall take effect 10 days after its publication in the ENB.

Copies of the final Plan are available for public inspection in the NYS DEC's main office at the address below and in each of the NYS DEC's nine regional offices. The final Plan is also available at the NYS DEC website: www.dec.ny.gov/chemical/41831.html. In addition, the final Plan is available by writing or calling Kathy Saunders, NYS DEC - Division of Materials Management, 625 Broadway, 9th Floor, Albany, NY 12233-7253, Phone: (518) 402-8678.

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