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ENB - Statewide Notices 12/15/2010

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 Availability of Final New Program Policy for Institutional Controls: A Guide to Drafting and Recording Institutional Controls [DER-33]

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) Division of Environmental Remediation (DER) has prepared a final new Program Policy Institutional Controls: A Guide to Drafting and Recording Institutional Controls (DER-33), which establishes procedures for the use by and guidance of both NYS DEC personnel and remedial parties to develop, execute and record the institutional controls (ICs). The ICs, in the form of environmental easements, deed restrictions or environmental notices, are required by remedies for sites subject to DER remedial programs. This Program Policy provides guidance for those sites where the remediation will leave contaminants at levels that have been determined to be safe for a specific use, but not all uses, or includes engineered structures or controls that must be maintained or protected against damage to be effective. ICs are necessary in order to provide an effective and enforceable means of ensuring the performance of necessary maintenance, monitoring and operating requirements, and the restrictions on future uses of the land, including restrictions on excavating soils or using groundwater.

NYS DEC has used deed restrictions and, where appropriate, environmental notices to address these sites for nearly three decades. In 2004 the legislature provided for the granting of environmental easements restricting the use of land to conform to constraints placed on sites in any of NYS DEC's remedial programs [Environmental Conservation Law Article 71, Title 36]. Collectively, these ICs are necessary for the protection of public health and the environment and to achieve the requirements for remediation established at certain contaminated sites.

It is NYS DEC's policy, consistent with applicable statutes and regulations, that all remedies will be protective of public health and the environment. NYS DEC's preference is that remedial programs 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 program objectives are predicated on future site use when return to a condition where no restrictions are required is not always feasible, or when a remedial party agrees to restrict future use of a site resulting in reduced opportunity for human exposure. Where a remedy will limit future use, ICs play an important role in minimizing the potential for exposure, protecting engineered remedies and providing appropriate notice to potentially impacted individuals.

The use of ICs is not an alternative to an active remedy, but rather part of a balanced, practical approach to site cleanup that relies on both engineered and non-engineered remedies. Remedies in New York State are not inconsistent with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The NCP emphasizes that ICs are meant to supplement engineering controls during all phases of cleanup and may be a necessary component of the completed remedy. The NCP cautions against the use of ICs as the sole remedy unless active response measures are determined to be impractical. These same principles apply to remedies in New York State. This Program Policy provides the process and procedures for putting the necessary ICs in place for a remedial site.

The proposed Program Policy was published in the September 29, 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. NYS DEC received comments during the public comment period and they were addressed.

Pursuant to ECL §3-0301(2)(z), this new Program Policy will be effective on Friday, January 14, 2011.

The final new Program Policy is available on DEC's website at: 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.

Revised Office of Natural Resources Policy on Temporary Revocable Permits (TRP) for State and Conservation Easement Lands

This is a revised policy that sets forth the procedure for issuing TRPs for the use of state lands and conservation easement lands pursuant to 6NYCRR Parts 190 and 196 and Environmental Conservation Law (ECL) Articles 3 and 9.

New York State Department of Environmental Conservation (NYS DEC) issues TRPs in its sole discretion, for the temporary use of state lands and conservation easement lands only for activities that are in compliance with all constitutional, statutory and regulatory requirements; the Adirondack and Catskill State Land Master Plans; adopted Unit Management Plans and Recreation Management Plans; and that have negligible or no permanent impact on the environment. This policy applies to state lands and conservation easement lands managed by the NYS DEC - Division's of Fish, Wildlife, and Marine Resources; Lands and Forests; and Operations. These areas include but are not limited to wildlife management areas, state reforestation areas, forest preserve, campgrounds, boat launches/waterway access sites, tidal wetlands, and conservation easements.

This policy does not apply to the issuance of Adopt-a-Natural Resource Agreements, which are governed by NYS DEC Policy ONR-1.

Copies of this proposed policy can be obtained by contacting the person indicated below. The policy is also available on the NYS DEC website at: http://www.dec.ny.gov/regulations/51387.html.

Written comments are welcomed and should be sent to the contact person listed below no later than January 14, 2011.

Contact: Peter J. Frank, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, Phone: (518) 473-9518, E-mail: adirondackpark@dec.ny.gov.

Environmental Board Meeting

The New York State Department of Environmental Conservation (NYS DEC) hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., December 22, 2010 in Room 129 at the NYS DEC main office at 625 Broadway, Albany, New York.

The Board will consider the following rulemaking action of the New York State Department of Environmental Conservation:

• 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, 625 Broadway, Albany, NY 12233.

Notice of Acceptance of Final GEIS

Statewide - The New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP), as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed New York Statewide Trails Plan. Agencies and the public are afforded the opportunity to consider the Final GEIS; this consideration period ends on December 24, 2010. Hard copies of the Final Plan/Final GEIS are available at NYS OPRHP and New York State Department of Environmental Conservation regional offices and at the New York State Library, Cultural Education Center, 222 Madison Avenue, Albany, NY (Documents Section, 6th Floor). CDs of the plan are available by contacting the agency contact below. A listing of regional offices may also be obtained from the agency contact. The online version of the Final Plan/Final GEIS is available at the following publicly accessible web site: http://nysparks.com/inside-our-agency/public-documents.aspx.

The action involves the adoption and implementation of the New York Statewide Trails Plan. In addition to providing existing information on trails in the state, the New York Statewide Trails Plan lays out the overall vision, goals and objectives for the creation of a statewide trails system. Through this vision, the Plan sets out to: provide statewide policy direction; develop a framework for the statewide trails system; identify trail related issues and provide strategies to address them; provide standards and guidelines and resources for development of sustainable trails statewide; establish a Statewide Trails Clearinghouse; and define roles and responsibilities for implementation. Potential environmental impacts associated with adoption and implementation of the plan as well as mitigation measures that could be taken to reduce potential impacts, are included as a part of the Plan which, in its entirety, constitutes a Final GEIS. The Final Plan/Final GEIS also includes a chapter summarizing public comments on the Draft Plan/Draft GEIS and NYS OPRHP's responses to comments. The project is located throughout the State of New York.

Contact: Nancy Stoner, NYS OPRHP - Bureau of Resource and Facility Planning, Agency Building 1, 17th Floor, Empire State Plaza, Albany, NY 12238, Phone: (518) 486-2909 Fax: (518) 474-7013, E-mail: Nancy.Stoner@oprhp.state.ny.us.

Notice of Acceptance of Final GEIS (CORRECTION)

New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed New York State Solid Waste Management Plan (Plan). The action involves the issuance of the Plan. A positive declaration was initially issued for this action which provided a mechanism, through the development of the GEIS, to evaluate and address any potential impacts the Draft Plan may have on the environment. Prior to this Notice of Completion, NYS DEC issued one draft of the GEIS for public review.

The Plan, required by Environmental Conservation Law (ECL) Section 27-0103 which directs NYS DEC to develop a state solid waste management plan and biennial updates, 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.

Copies of the Final GEIS and anticipated 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 GEIS and anticipated Final Plan are also available at the NYS DEC website: www.dec.ny.gov/chemical/41831.html. In addition, the Final GEIS and anticipated Final Plan are 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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