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ENB - Statewide Notices 10/21/2015

Public Notice

Notice of Adoption

Pursuant to Environmental Conservation Law, sections 1-0101(3)(b)(d), 3-0301(1)(b)(d)(2)(m); 9-0105(1)(3) and 9-1303; Article 9, Title 13 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Addition of Section 192.7 to Title 6 NYCRR to prevent further spread of the Emerald Ash Borer (EAB).

For further information, contact:

Bruce Williamson
NYS DEC - Division of Lands and Forests
625 Broadway
Albany, NY 12233-4253
Phone: (518) 402-9425


Notice of Availability of Final New Program Policy for Operator Training (DER-40) as required under the Petroleum Bulk Storage regulations (6 NYCRR Part 613) and Chemical Bulk Storage regulations (6 NYCRR Parts 596-599)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has issued a final new Program Policy which provides guidance on training and testing of operators of certain underground storage tank (UST) systems at petroleum bulk storage (PBS) and chemical bulk storage (CBS) facilities in New York State. Training and subsequent assessment of knowledge (i.e., passing an exam) is required for operators at facilities with UST systems which are regulated under: (1) Subpart 2 of 6 NYCRR Part 613 for PBS facilities; or (2) 6 NYCRR Part 596 for CBS facilities which store a hazardous substance listed in 6 NYCRR Part 597.

Pursuant to 6 NYCRR section 613-2.5, operators and tank system owners at PBS facilities must designate a Class A, Class B, and Class C Operator for every UST system at their facilities which is subject to 6 NYCRR Subpart 613-2. Under 6 NYCRR section 598.12, operators and tank system owners at CBS facilities must designate a Class A, Class B, and Class C Operator for every UST system at their facilities.

Any person designated as a Class A or B Operator (see definitions at 6 NYCRR section 613-1.3(j-k) for PBS facilities and 6 NYCRR section 596.1(c)(8-9) for CBS facilities) must become authorized by (1) passing an exam administered by NYS DEC or (2) obtaining a current and valid operator training credential issued by another state government with an operator training program acceptable to NYS DEC. As used in this policy, the term "authorized" refers to any person who has passed the NYS DEC exam or possesses a current and valid operator training credential issued by another state.

Any person designated as a Class C Operator must be trained under the direction of an authorized Class A or Class B Operator. Class C Operators are not required to pass a NYS DEC exam or possess an operator training credential issued by any other regulatory authority.

A Class A Operator is an individual who has primary responsibility for the operation and maintenance of a UST system. A Class B Operator is an individual who has day-to-day responsibility for implementing applicable requirements. There is no limitation on the number of facilities containing UST systems for which an individual Class A or Class B Operator can be designated. However, a Class A and/or Class B Operator must fulfill his or her responsibilities for every UST system for which he or she is designated. An authorized operator may be designated as such at multiple facilities simultaneously or at individual facilities over time. Also, one person may fulfill all of the roles of a Class A/B/C Operator for one or more UST systems at one or more facilities.

The proposed new Program Policy was published in the August 6, 2014 issue of the Environmental Notice Bulletin, which announced a 90 day public comment period pertaining to this policy and 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 final new Program Policy is effective on November 20, 2015. The Program Policy is available for public access on NYS DEC's website at: http://www.dec.ny.gov/regulations/2387.html. If you do not have internet access, please write to Angela Chieco, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012 or call (518) 402-9764.

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7012, Phone: 518-402-9764, E-mail derweb@dec.ny.gov.


The New York State Department of Environmental Conservation (NYS DEC) has issued the Division of Water Technical and Operational Guidance Series (TOGS) No. 1.3.10 Mercury - SPDES Permitting & Multiple Discharge Variance.

The primary purpose of this document is to provide guidance for developing SPDES permits that regulate wastewater and stormwater discharges containing mercury, as well as guidance for performing mercury monitoring. This document is an extension of the 2010 issuance of the TOGS. The Final Guidance is posted on the NYS DEC website at: http://www.dec.ny.gov/chemical/24027.html. If you experience difficulty in downloading the document, please contact Carrie Smith at: (518) 402-8278.

Contact: Carrie Smith, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12333-3505, Phone: (518) 402-8111, E-mail: carrie.smith@dec.ny.gov.


Notices of Intent and Stormwater Management Program Plans for SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s)

GP-0-15-003

The New York State Department of Environmental Conservation (NYS DEC) is proposing to continue coverage under the State Pollutant Discharge Elimination system (SPDES) General Permit for Stormwater from Municipal Separate Storm Sewer Systems (GP-0-15-003) to entities previously covered under GP-0-10-002 who filed complete annual reports for the 2014 reporting period.

In accordance with Part II of GP-0-15-003, the location of the Stormwater Management Program Plans (SWMPs) and Annual Reports for entities authorized under GP-0-10-002 who wish to continue coverage under GP-0-15-003 will be made available for 28 calendar days from posting in the Environmental Notice Bulletin. An NOI Availability Report identifying the entity's stormwater program contact information and location of the Annual Reports and SWMPs where the public may review these documents is available on NYS DEC's website at: http://www.dec.ny.gov/chemical/41392.html.

Written statements or comments on the Annual Reports and SWMPs will be accepted by fax or mail until close of business on the due date listed on the web site. Comments should be submitted electronically to Stormwater_info@dec.ny.gov or mailed or faxed to the contact listed below.

Contact: Steven McCague, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Fax: (518) 402-9029, E-mail: Stormwater_info@dec.ny.gov.


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