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ENB -Statewide Notices 2/23/2011

Public Notice

Extension of Public Comment Period
Notice of Proposed Rulemaking

6 NYCRR Part 617, State Environmental Quality Review - Full and Short Environmental Assessment Forms. The notice of proposed rulemaking was initially published in the 11/24/10 issue of the ENB.

The comment period for the submission of public comments on the proposed Full and Short EAF and supporting documents has been extended until the close of business, April 8, 2011. Please submit comments to Robert Ewing at the address listed below. Comments may also be submitted via the web to: depprmt@gw.dec.state.ny.us. Please include "EAF Comments" in the subject line of the e-mail.

The draft revised EAF forms and associated rulemaking documents are published in full at the following web address: http://www.dec.ny.gov/permits/6061.html.
Paper copies may be obtained from the contact listed below.

For further information, contact:

Robert Ewing
NYS DEC - Division of Environmental Permits
625 Broadway
Albany, NY 12233-1750
Phone: (518) 402-9167
E-mail: depprmt@gw.dec.state.ny.us


Notice of Petition for Declaratory Ruling on the issue of "Common Control" and Request for Public Comment

Notice is hereby given that New York State Department of Environmental Conservation (NYS DEC) received a Petition for Declaratory Ruling (Petition) filed on behalf of Seneca Meadows, Inc. (SMI), the owner and operator of Seneca Meadows Landfill located at 1786 Salcman Road, Seneca Falls, NY 13165-0065, pursuant to State Administrative Procedures Act (SAPA) § 204, as implemented by NYS DEC through 6 NYCRR Part 619.

The Petition requests a declaratory ruling from NYS DEC with respect to the following two questions: (1) What constitutes "under common control" as that term is used in the definition of "major facility" under 6 NYCRR 201-2.1(b)(21);" and (2) Whether SMI's landfill, and Seneca Energy II, LLC (SE), the owner and operator of a companion landfill gas-to-energy (GTE) plant, are "under common control" for the purpose of applicability under 6 NYCRR Part 231 (New Source Review).

Summary of Facts

SMI's landfill is currently regulated as a non-hazardous solid waste landfill under 6 NYCRR 360.2 and permitted as a Title V facility under 6 NYCRR 201-6. SMI owns and operates a landfill gas (LFG) collection system which is designed to capture gas from the landfill. SMI indicates that the LFG may be either "flared-off" using one of its flares, or provided to end users.

SMI states that a significant portion of SMI's landfill gas is sold to SE, which uses the gas to fuel its electric power plant (the Project). SE's power plant is located across the street from the landfill on a defined parcel leased from SMI. SE's power plant is currently permitted separately from SMI, as a Title V facility under 6 NYCRR 201-6. According to SMI, SE plays no role with respect to the landfill gas collection systems or the flares. SMI states that SE will shortly submit a permit application to NYS DEC relating to certain proposed modifications at the plant.

In its "common control" analysis, SMI references various documents relating to the issue, including: one of EPA's formal rules, providing historical reference to the definition of "control" as used by the Securities and Exchange Commission (SEC) under 17 CFR Section 240.12b-2 (see, 45 Fed. Reg. 59874, September 11, 1980); a slip opinion which discusses "common control," entitled Winnebago Industries, Inc. v. Iowa Department of Natural Resources, Case No. CVCV01608, Slip Opinion (District Ct. Hancock Co., June 1, 2009); and various informal EPA guidance documents, such as a September 18, 1995 letter from William A. Spratlin (EPA) to Peter A Hamlin (Iowa DNR) and a May 1, 2002 letter from Judith M. Katz (EPA) to Gary E. Graham (Va. DEQ).

Request for Public Comment

In accordance with 6 NYCRR 619.1(e)(1), the General Counsel has determined that it is in the public interest to solicit public comments on the Petition referenced herein. Public comments on the petition must be received by NYS DEC no later than fifteen (15) business days after publication in the Environmental Notice Bulletin. A copy of the Petition is available on this website: http://www.dec.ny.gov/permits/72550.html. In addition, a copy of the Petition can be obtained from Khai Gibbs at the address below.

Therefore, NYS DEC will receive public comments on the issues presented in the Petition until 5:00 p.m. on March 16, 2011.

Comments should be submitted to:
Khai Gibbs, NYS DEC - Office of General Counsel, 625 Broadway, Albany, NY 12233-1500 or E-mailed to: Part 619 Seneca Meadows@gw.dec.state.ny.us.



Pollution Prevention and Environmental Compliance Coordinating Council

The Pollution Prevention and Environmental Compliance Coordinating Council hereby gives notice that a meeting of the Council will be held from 10:00 - 12:00 a.m. March 2, 2011 at New York State Department of Economic Development (NYS DED), 30 South Pearl Street, Albany, NY 12245.

Council members include: the New York State Department of Environmental Conservation, the New York State Environmental Facilities Corporation, New York State Department of Economic Development, the New York State Energy Research and Development Authority and the New York State Foundation for Science, Technology and Innovation.

The Council will consider the following:

1) Old Business:

  • Review minutes from December 1, 2010 meeting
  • Update to Environmental Programs PDF vs. NY First
  • P2 Council leadership for 2011

2) New Business:

  • Goals for 2011

3) Selection of a date for the May or June meeting

This meeting is open to the public.

Contact: Patricia Driscoll, Pollution Prevention and Environmental Compliance Coordinating Council. Empire State Development. 30 South Pearl Street, Albany, NY 12245, Phone: (518) 292-5103.


Green Innovations Grants Program Smart Growth Comment Solicitation

The New York State Environmental Facilities Corporation (NYS EFC) intends to implement the NYS EFC Smart Growth Public Infrastructure Program as a result of the adoption of the Smart Growth Public Infrastructure Policy Act (SGPIPA) (Environmental Conservation Law Sections 6-0101 - 6-0111) which applies to projects funded via the Green Innovation Grant Program (GIGP) for 2010 which is funded through the Clean Water State Revolving Fund.

A total of 96 applications were received for GIGP 2010 and are currently under review. A list of all GIGP 2010 project applications is posted on our website: http://www.nysefc.org/GreenGrants/GIGPProjects.aspx. NYS EFC is seeking comments regarding the consistency of these projects with the SGPIPA Criteria.

Written comments on GIGP 2010 project applications will be accepted by mail, e-mail, or fax by close of business on March 25, 2011.

Comments should be addressed to:
Suzanna Randall, Green Infrastructure Coordinator, NYS EFC - Division of Technical Advisory Services, 625 Broadway, Albany, NY 12207-2997, Phone: (518) 402-7461, Fax: (518) 486-9248, E-mail: GIGP@efc.ny.gov.


Guidance Document to Govern the Handling of Property Left on Site (Abandoned) in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.

In accordance with the guidelines set forth in Adirondack and Catskill Parks State Land Master Plans regarding the management of Intensive Use Areas operated by NYS DEC, it is the intent of the Department to provide guidance for NYS DEC Facility Staff in the handling of property left on site (abandoned) in NYS DEC operated Campgrounds and Day-Use Facilities.

Comments will be accepted by the contact listed below until March 9, 2011.

Contact: Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing the Designation and Use of "Administrative Sites" in New York State Department of Environmental Conservation (NYS DEC) campgrounds.

In accordance with the guidelines set forth in Adirondack and Catskill Parks State Land Master Plans regarding the management of Intensive Use Areas operated by NYS DEC, it is the intent of NYS DEC to provide guidance for NYS DEC Facility Staff regarding the designation and use of "Administrative Sites" in NYS DEC operated campgrounds.

Comments will be accepted by the contact listed below until March 9, 2011.

Contact: Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing Assessment of Day-Use Charges in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.
Pursuant to Environmental Conservation Law Title 9 section 0903 (2) NYS DEC has proposed updates to the fees charged at certain facilities. This document, File #526 provides guidance to campground staff regarding the assessment of Day-Use fees.
Comments will be accepted by the contact listed below until March 9, 2011.

Contact: Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing the Rental of Canoes, Kayaks and Rowboats in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.

Pursuant to Environmental Conservation Law Title 9 section 0903 (2) NYS DEC proposes the use of a standard form to be used when renting state-owned vessels. This document, File #560a of the Recreation Operations Handbook, is the permit form used in the rental of vessels in campgrounds and Day-Use facilities operated by NYS DEC containing space on front for pertinent information and rules regarding vessel use on the reverse.

Comments will be accepted by contact below until March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing the Storage of Boat Trailers in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.

In accordance with the guidelines set forth in Adirondack and Catskill Parks State Land Master Plans regarding the management of Intensive Use Areas operated by NYS DEC, it is the intent of NYS DEC to provide guidance on the storage of boat trailers in NYS DEC operated campgrounds.

Comments will be accepted by contact listed below until: March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing Vehicles Equipped for Camping and Amount of Equipment Allowed on a Camp Site in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.

In accordance with the guidelines set forth in Adirondack and Catskill Parks State Land Master Plans regarding the management of Intensive Use Areas, it is the intent of NYS DEC to limit the amount of equipment on a camp site and to describe what is considered acceptable vehicles equipped for camping which provide an acceptable degree of privacy.

Comments will be accepted by the contact listed below until March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Documents Governing the Procedure to be Used When it Becomes Necessary to Evict a Person from a New York State Department of Environmental Conservation
(NYS DEC) Campground or Day-Use area.

To protect the safety of the public and ensure compliance with various laws, rules and regulations it is the intent of NYS DEC to provide guidance for NYS DEC Facility Staff regarding the procedure to be used when it becomes necessary to evict a person from a NYS DEC operated campground or Day-Use area.

Comments will be accepted by the contact listed below until: March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Documents Governing Fees and Service Charges at New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.

Pursuant to Environmental Conservation Law Title 9 section 0903 (2) this document, File #515 defines Fees and Service charges for NYS DEC Summer Recreation Facilities for the 2011 operating season.

Comments will be accepted by contact listed below until March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing Firewood Guidelines to be Used to Help Prevent the Spread of Invasive Species in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.

Pursuant to Environmental Conservation Law Tile #13 Section 9 1303 (9) the Department desires to limit the spread of potentially damaging forest pests. This document File # (to be determined) provides guidance for Department staff in relation to firewood brought into these facilities by patrons.

Comments will be accepted by the contact listed below until March 9, 2011.

Contact: Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing the Handling of Items "Lost and/or Found" in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.

To better serve patrons using Intensive Use areas in the New York State Forest Preserves it is the intent of NYS DEC to provide guidance for NYS DEC Facility Staff regarding the handling of items "Lost and/or Found" at NYS DEC operated campgrounds and Day-Use facilities.

Comments will be accepted by the contact listed below until: March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing Action to be Taken by DEC Campground Staff in the Event of a Reported Missing Person in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.

To assist law enforcement organizations and better serve the public, NYS DEC intends to provide guidance for NYS DEC Facility Staff in the event of a reported missing person in a NYS DEC campground or Day-Use Facility.

Comments will be accepted by the contact listed below until: March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing Failure to Show by Advanced Reservation Holders at New York State Department of Environmental Conservation (NYS DEC) Campgrounds.

In accordance with 6NYCRR Part #190 and to better serve visitors NYS DEC intends to allow for the rental of a campsite in the event the holder of an advanced reservation fails to check in by the designated time. This document, File # 537 provides guidance for the handling of this situation.

Comments will be accepted by the contact listed below until March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Governing the Installation and Maintenance of Playground Equipment in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities.

In accordance with the guidelines set forth in Adirondack and Catskill Parks State Land Master Plans regarding the management of Intensive Use Areas, NYS DEC operates playground equipment in its facilities for public use. File #405 of the Recreation Operations Handbook provides guidance for the installation and maintenance of such equipment in a safe and sound manner.

Comments will be accepted by the contact listed below until March 9, 2011

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing the Use of Potable Water, Sewer Systems and the Disposal of Grey Water in New York State Department of Environmental Conservation (NYS DEC) Campgrounds and Day-Use Facilities. In accordance with the Adirondack and Catskill Parks State Land Master Plans and to ensure compliance with other laws, rule and regulations NYS DEC intends to establish guidelines regarding the use of potable water systems, sewer systems and the disposal of grey water in NYS DEC operated campgrounds.
Comments will be accepted by the contact listed below until March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing the Issuance of Rogers Rock Campground Boat Mooring Permits.

In accordance with 6NYCRR Part 190 and the Adirondack and Catskill Parks State Land Master Plans regarding the management of campgrounds and day-use areas operated by NYS DEC, it is the intent of NYS DEC to provide guidance for NYS DEC Facility Staff regarding the issuance of Boat Mooring Permits at Rogers Rock Campground.

Comments will be accepted by the contact listed below until: March 9, 2011.

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


Guidance Document Governing the Issuance of Visitor's Pass for Persons Wishing to Look Through a Facility in Anticipation of Making Future Camping Plans in New York State Department of Environmental Conservation (NYS DEC) campgrounds.

In accordance with 6NYCRR Part 190.7a(1), it is the intent of NYS DEC to provide guidance for NYS DEC Facility Staff regarding the issuance of Visitor's Pass for persons wishing to look through a facility in anticipation of making future camping plans in NYS DEC operated campgrounds.

Comments will be accepted by the contact listed below until: March 9, 2011

Contact:
Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: (518) 402-9060, E-mail: hlclark@gw.dec.state.ny.us.


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