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ENB - Statewide Notices 2/24/2016

Public Notice

Notice of Emergency Adoption: Amendment to 6 NYCRR Section 597.3, List of Hazardous Substances; Effective January 27, 2016

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Emergency Adoption with New York State Department of State on January 27, 2016 to amend 6 NYCRR section 597.3, List of Hazardous Substances. Effective January 27, 2016, this Emergency Rule added perfluorooctanoic acid (PFOA, Chemical Abstracts Service No. 335-67-1) to Table 1 and Table 2 of the list of hazardous substances in section 597.3.

NYS DEC issued the emergency rule based, in part, upon the conclusion of the New York State Department of Health (NYS DOH) that the environmental presence, persistence, toxicity, improper treatment, storage, transport, and disposal of PFOA pose a threat to public health in New York State (letter dated January 27, 2016). The United States Environmental Protection Agency (EPA) has also classified this substance as an emerging contaminant that is extremely persistent in the environment and resistant to typical environmental degradation processes (EPA 505-F-14-001, March 2014).

To be able to regulate the handling and storage of PFOA and have the authority to remediate sites contaminated with PFOA, it was necessary to list PFOA as a hazardous substance in 6 NYCRR section 597.3. In New York State, the "Chemical Bulk Storage (CBS)" regulations (6 NYCRR Parts 596-599) provide standards for the proper handling and storage of bulk quantities of hazardous substances to prevent spills and releases to the environment, prohibit the release of hazardous substances to the environment, and require the reporting of certain releases of hazardous substances to NYS DEC. Certain facilities that store hazardous substances must apply to DEC for a registration certificate to operate. The requirements to register and properly handle and store hazardous substances apply to materials listed in section 597.3. The prohibition against releasing a hazardous substance to the environment is in subdivision 597.4(a). It was necessary to list PFOA as a hazardous substance so that the release prohibition would apply.

The Notice of Emergency Adoption (and Express Terms) is available in the February 17, 2016 issue of the State Register. Supporting rule making documents are available in the February 24, 2016 issue of the State Register. These documents are also available on NYS DEC's web site at

For more information about this Notice, please contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail:

New York State Standards and Specifications for Erosion and Sediment Control

The New York State Department of Environmental Conservation (NYS DEC) is making the draft update of the New York State Standards and Specifications for Erosion and Sediment Control available for public review and comment.

The purpose of this document is to provide minimum standards and specifications for meeting criteria set forth by NYS DEC for stormwater discharges associated with construction activity. The standards and specifications provide criteria on minimizing erosion and sediment impacts from construction activity involving soil disturbance.

The current technical standard is now ten years old and needed updating to address EPA's Effluent Limitation Guidelines published on December 1, 2009, advancements in technology, and issues that have been identified by stakeholders (e.g. private sector consultants, other governmental agencies, etc.) that use the document.

A copy of the draft technical standard is available on NYS DEC's website at:

Written comments on the draft standard must be submitted by close of business on March 25, 2016 to: or the contact listed below. Note: If submitting comments by e-mail please indicate "Blue Book Updates" in the "Subject" line.

Contact: Dave Gasper, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505, E-mail:

This notice announces the availability of the Draft 2016 New York State Section 303(d) List of Impaired/TMDL Waters. The list identifies those waters that do not support appropriate uses and require development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 45 days, through March 4, 2016.

Background: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to maintain a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State water: the Assessment Methodology which outlines how waters are evaluated by New York State Department of Environmental Conservation (NYS DEC) to determine the degree of use support, and the Listing Methodology which outlines the criteria NYS DEC uses to determine what waters are to be included on the Section 303(d) List. These documents are intended to clarify the current and continuing approach to assessment and listing by New York State.

Information: Copies of the Draft 2016 New York State Section 303(d) List and/or the Assessment and Listing Methodologies are available on the NYS DEC website at: Copies of the List and Methodologies can also be obtained by contacting the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179. An electronic version of these documents can also be requested by e-mail to:

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to Sarah Rickard of the Bureau of Watershed Assessment and Management at the above address, or e-mailed to:

Contact: Sarah Rickard, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, E-mail:

New York State Department of Environmental Conservation (NYS DEC) Announces 13th Annual Environmental Excellence Awards - Applications Accepted Through April 8, 2016

NYS DEC is now accepting applications for the 2016 NYS Environmental Excellence Awards program (Press Release: The 2016 Application Brochure and "Tips for Applicants" document are available on NYS DEC's website:

The awards are given annually in recognition of outstanding, innovative and sustainable projects or programs and unique partnerships that contribute to a healthier environment and economy. Award winners are an elite group of committed organizations leading by example and serve as models of excellence within their industry and community. Benefits of receiving an award include statewide recognition and visibility for environmental leadership, and increased marketing, promotional and networking opportunities.

Eligible applicants include:

• Businesses (i.e., small, medium and large businesses, manufacturing, power generation, retail, agri-business, hospitality, sports, etc.);
• Not-for-profit organizations; education, health care and recreational facilities;
• Individuals, and
• Local, state, federal and Indian Nation government agencies

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 and all 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.

Examples of the kinds of projects NYS DEC is especially interested in showcasing include, but are not limited to, innovative projects that achieve significant environmental benefits through state-of-the-art:

  • Green infrastructure projects;
  • Initiatives to reduce greenhouse gas emissions;
  • Climate change adaptations;
  • Food waste reduction efforts; recycling and composting programs;
  • Initiatives to "green" businesses, farms, schools, recreational, sports, health care and hospitality facilities etc.;
  • Clean energy and renewable energy projects;
  • Creative natural resource/habitat protection or restoration efforts;
  • Energy efficiency improvements;
  • Education and training programs;
  • Manufacturing process improvements and "green tech" solutions; and
  • Creative urban forestry or farming practices, including programs to advance "farm to table."

Completed applications for the 2016 awards must be post marked no later than Friday, April 8, 2016. Award winners will be honored at an awards ceremony to be held in November 2016. At the awards ceremony, award winners will have the opportunity to showcase information about their innovative project or program.

For more information about the NYS Environmental Excellence Awards program, contact: Marna A. Posluszny, NYS DEC - Division of Environmental Permits and Pollution Prevention, 625 Broadway, Albany, NY 12233-1750, Phone (518) 402-9167, Fax (518) 402-9168, E-mail

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