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ENB - Statewide Notices 3/27/2013

Public Notice

Notice of Adoption

6 NYCRR Subpart 225-1, Fuel Composition and Use - Sulfur Limitations
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0325, Section 71-2103, 71-2105 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on March 5, 2013, filed with the New York State Department of State on March 6, 2013, to be effective April 5, 2013, to adopt 6 New York Code of Rules and Regulations (NYCRR) Subpart 225-1, Fuel Composition and Use - Sulfur Limitations; and amend Part 200, General Provisions.

Subpart 225-1 imposes limits on the sulfur content of distillate oil, residual oil, and coal fired in stationary sources. NYS DEC adopts these changes to both implement a statutory requirement and meet our obligations to reduce air pollution. The amendments to Part 200 incorporate references to federal rules.

The adopted revisions to Subpart 225-1 will be a component of the State Implementation Plan (SIP) for New York State directed at attainment of the particulate matter less than or equal to 2.5 microns in diameter (PM-2.5) national ambient air quality standard (NAAQS), the sulfur dioxide (SO2) NAAQS and NYS DEC's obligations under the regional haze SIP submitted to United States Environmental Protection Agency (EPA) on March 15, 2010.

For further information, contact:

Michael Jennings
NYSDEC - Division of Air Resources
Bureau of Stationary Sources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: air.regs@dec.ny.gov

New York State Department of Environmental Conservation (NYS DEC) Announces the 10th Anniversary of the Environmental Excellence Awards

Application Period Open

NYS DEC is now accepting applications for New York State's tenth annual Environmental Excellence Awards. This awards program recognizes and gives visibility to outstanding, innovative and sustainable projects or programs. Eligible applicants include businesses, educational institutions, not-for-profit organizations, facilities, government agencies and individuals implementing innovative, sustainable actions or working in creative partnership to improve and protect New York's environmental resources and contribute to a viable economy. The 2013 Application Brochure and "Tips for Applicants" document are available on NYS DEC's website at: www.dec.ny.gov/public/945.html.

IMPORTANT: Applications must be postmarked by Friday, May 10, 2013.

NYS DEC is especially interested in acknowledging projects that achieve significant environmental benefits through: initiatives to reduce greenhouse gas emissions; cutting-edge pollution prevention technologies; initiatives to "green" businesses, farms, schools, recreational facilities and hospitality facilities; innovative wind, solar and biomass projects; creative natural resource/habitat protection or restoration efforts; energy efficiency improvements; adaptation to climate change; waste reduction and recycling efforts; manufacturing process improvements; and creative approaches to urban forestry or farming, programs advancing "grown locally." Projects located in environmental justice communities are strongly encouraged.

To be eligible, a project must be in New York State; result in measurable environmental and economic benefits beyond what could have been achieved by using standard techniques or complying with regulatory requirements; be initiated within the past three years and be fully operational for at least 12 months. Applicants must be in compliance with New York Environmental Conservation Law, applicable permits and local laws.

Review criteria will include an assessment of: environmental benefits; economic benefits; innovative approach of the project; advancement of sustainability; how creative partnerships were created or strengthened by the project; demonstration of commitment, leadership and environmental excellence, demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements.

Winners will be honored at a 10th anniversary celebration and awards ceremony that will be held in early winter. At the ceremony, winners will have an opportunity to present and display information about their award winning project or program.

For more information about the Environmental Excellence Awards program, contact: NYS DEC - Division of Environmental Permits and Pollution Prevention, 625 Broadway, Albany, NY 12233-1750, Phone (518) 402-9469, Fax (518) 402-9168, E-mail: awards@dec.ny.gov.

Notice of Availability of Proposed New Commissioner Policy regarding Use of Enforcement Discretion for Cathode Ray Tube (CRT) Glass

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a proposed new Commissioner Policy to authorize the exercise of NYS DEC's enforcement discretion to allow regulated parties to store used, broken Cathode Ray Tubes (CRTs) and CRT glass removed from CRTs prior to legitimate recycling in compliance with federal regulations, while NYS DEC completes the promulgation of those requirements into State regulations.

This discretion provides a protective but streamlined approach to managing these materials and thereby significantly encourages the recycling of this glass. Specifically, regulated parties are allowed to comply with the requirements of the "CRT Rule" promulgated by the United States Environmental Protection Agency (USEPA) at 40 Codes of Federal Rule (CFR) 261.39; 71 Federal Register 42928-42949, July 28, 2006. For the purposes of this Policy, the term "CRT" follows the definition at 40 CFR 260.10 and means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device such as Automatic Teller Machines, industrial and medical equipment, televisions and computer monitors containing a CRT, and CRTs that are no longer contained in the original device.

The Policy affects CRT collectors and processors, such that a recycler may separate and store a CRT into scrap metal, hazardous waste glass and non-hazardous waste glass. As long as each of these components is eventually recycled and in the interim managed in accordance with the conditions specified in the CRT Rule, the material is excluded from regulation as a federal solid waste at 40 CFR 261.4(a)(22), and it may be shipped without a hazardous waste manifest. A recycling facility may accept the material without a Treatment, Storage, or Disposal Facility permit issued under 6 NYCRR 373-1. However, this Policy does not affect the material's status under 6 NYCRR Part 360.

Pursuant to Environmental Conservation Law (ECL) §3-0301(2)(z), written comments regarding the proposed new Commissioner Policy will be accepted until Friday, April 26, 2013. Comments should be submitted to Michelle Ching, NYS DEC - Division of Environmental Remediation, Bureau of Technical Support, 625 Broadway, Albany, NY 12233-7020 or e-mailed to: derweb@dec.ny.gov . Please include "CRT Glass Comments" in the subject line. Also note that a Negative Declaration for this proposed new Commissioner Policy is on file pursuant to ECL 8-0113(2)(i) and 6 NYCRR 617.12 (c)(1).

The proposed new Commissioner Policy is available on NYS DEC's website at: http://www.dec.ny.gov/regulations/8489.html. If you do not have internet access, please write to Michelle Ching at the address above or call (518) 402-9553.

Contact: Michelle Ching, NYS DEC - Division of Environmental Remediation, Bureau of Technical Support, 625 Broadway, Albany, NY 12233-7020, Phone: (518) 402-9553, E-mail: derweb@dec.ny.gov.

Final Amendment No. 1 to the FFY 2013 CWSRF Intended Use Plan

GIGP 2012 - Round Four Projects, Smart Growth Review, and Project Priority Lists

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2013 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF), dated October 2013 is amended.

This amendment to the Federal Fiscal Year (FFY) 2013 Clean Water State Revolving Fund Intended Use Plan (IUP) includes three topics:

1. Identification of candidate projects for the fourth round of Green Innovation Grant Program (GIGP) funding.

2. Smart growth review for 2013 Annual List projects and certain GIGP projects.

3. Revision to the IUP Project Priority List - Annual List. The projects are:

  1. Erie County long-term market-rate projects as follows:
    1. 6699-07-00 is added for $3,150,000
    2. 6649-09-00 is added for $2,525,425
    3. 6650-10-00 is added for $928,983
    4. 6697-04-00 is added for $297,935
  2. Village of Hamburg projects 6688-01-00 and 6688-02-00 are added for $968,000 and $823,000, respectively
  3. Town of Babylon 5162-04-00 is added for $14,668,482.
  4. City of Auburn 6240-10-00 is added for $345,000.
  5. Westchester County 7354-12-00 is added for $3,881,000

The Final Amendment No. 1 is available on the NYS EFC website at: www.efc.ny.gov.

Written comments on Amendment No.1 to the CWSRF IUP were accepted until close of business, Friday, February 22, 2013. One comment was received regarding the draft amendment. Westchester County commented that one of their projects included in the draft 2013 IUP was not included in the Final 2013 IUP. They commented that the project should be added via this amendment.

For information regarding the Clean Water State Revolving Fund, please contact:

Timothy P. Burns
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-7396
Fax: (518) 402-7456
E-mail: CWSRFinfo@efc.ny.gov

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