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ENB - Statewide Notices 1/05/2011

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.

New York State Designation Recommendations For Oxides of Nitrogen with Respect to the Revised One-Hour Ambient Air Quality Standard

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has submitted recommendations on the attainment status of New York State with respect to nitrogen dioxide (NO2) to the United States Environmental Protection Agency (US EPA) for approval.

On February 9, 2010, US EPA revised its National Ambient Air Quality Standard (NAAQS) for NO2 by establishing a new, one hour primary NAAQS at the level of 100 parts per billion (ppb). This revision of the NAAQS requires New York, as well as other states, to make recommendations to EPA no later than January 22, 2011 for areas to be designated as attainment, nonattainment and/or unclassifiable.

After a review of the available ambient air monitoring data for NO2 according to the requirements of the revised NAAQS rulemaking (75 FR 6474), NYS DEC has determined that the present monitoring does not meet the requirements of the revised rule in all respects. Therefore, a designation of "unclassifiable" has been recommended to the US EPA for the entire state. Requirements for future monitoring, however, will enable NYS DEC to establish the attainment status within the time required under federal rules.

All inquiries regarding this action should be submitted to: James Close, NYS DEC - Division of Air Resources, 625 Broadway, 2nd Floor, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: dar.sips@dec.ny.gov.

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 issued this Guidance on Chapter 85 of the Laws of New York State of 2010 (Chapter 85). The law amended the State Education Law and Social Services Law to prohibit pesticide use on playgrounds, turf and athletic or playing fields at schools and day care centers.

As required by Chapter 85, NYS DEC developed this 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 provides information on how to comply with the new requirements, and addresses the following:

A. A summary of requirements in the State Education Law and Social Services Law, as amended by Chapter 85 and identification of who must comply.

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 as well as concepts about soil and plant health.

C. A brief description of the types of pesticide products allowed to be used under Chapter 85 and ways to identify them.

D. An identification of agencies from which schools and day care centers would request an emergency pesticide application determination. A basic framework is outlined for situations which will be considered an emergency by the NYS DEC and NYS DOH.

E. List of State agencies responsible for implementing the law and contact information for those agencies, regarding questions about the new requirements.

The Guidance also contains a summary of certain existing pesticide use requirements, and an attached list of county health department contacts.

The final Guidance (PDF) (210 kB) is available on the NYS DEC website or by writing the NYS DEC - Division of Materials Management, Bureau of Pest Management at 625 Broadway, Albany NY 12233-7254 or by calling (518) 402-8788. A paper copy is available at the address above and at each of the nine NYS DEC regional offices.

Contact: Scott Menrath, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7257, E-mail: pestmgt@dec.ny.gov.

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