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ENB - Statewide Notices 5/4/2011

Public Notice

Notice of Availability of Final New Program Policy regarding the Petroleum Bulk Storage (PBS) Inspection Handbook (DER-25)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a final new Program Policy that establishes guidance for Division of Environmental Remediation (DER) staff on conducting an inspection at a Petroleum Bulk Storage (PBS) facility in accordance with the PBS regulations, 6 NYCRR 612-614, and the United States Environmental Protection Agency federal Underground Storage Tank (UST) regulations, 40 CFR 280. This handbook addresses inspections for both underground and aboveground storage tank systems at these PBS facilities.

This guidance also provides DER staff with consistent procedures for inspecting PBS facilities, as well as consistent interpretation and application of the PBS regulations. It also provides owners/operators of PBS facilities with a clear understanding of which compliance items DER staff will evaluate during PBS inspections.

In some cases, determining compliance with the PBS and UST regulations requires some amount of interpretation to more fully explain what is required and how compliance is achieved. It is DER's policy to provide guidance to define as clearly as practicable what is needed to achieve and maintain compliance with the PBS and UST regulations, and maximize consistency in interpretations among DER staff and the regulated community.

The proposed Program Policy was published in the August 4, 2010 issue of the Environmental Notice Bulletin, which announced a 90 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 have been addressed.

Pursuant to Environmental Conservation Law 3-0301(2)(z), this new Program Policy will be effective on Friday, June 3, 2011.

The final new Program Policy is available on NYS DEC's website at: http://www.dec.ny.gov/regulations/2387.html . It can also be obtained by writing to Angela Chieco, NYS Department of Environmental Conservation, Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012 or calling (518) 402-9764.

Notice of Emergency Adoption 6 NYCRR Part 247, Outdoor Wood Boilers
Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption of Rule on April 14, 2011, to be effective April 15, 2011, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 247, Outdoor Wood Boilers.

NYS DEC is amending 6 NYCRR Part 247, Outdoor Wood Boilers, through an emergency rule making. NYSDEC is adding a new section 247.10 to Part 247. The purpose of this new section is to provide a sell-through period through July 14, 2011 during which outdoor wood boilers that distributors had in inventory prior to April 15, 2011 and that have not been certified for sale pursuant to Section 247.8 of Part 247 may be sold in New York State.

For further information, contact:

John Barnes
NYS DEC, Division of Air Resources
625 Broadway
Albany, NY 12233 3251
Phone: (518) 402 8396
E-mail: 247owb@gw.dec.state.ny.us

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