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ENB - Statewide Notices 3/9/2016

Public Notice

Pursuant to the Environmental Conservation Law sections 13-0307 and 13-0319, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 41 pertaining to the Sanitary Condition of Shellfish Lands.

Portions of these shellfish lands do not meet the bacteriological water quality standards for certified shellfish lands. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers.

These areas affected include Mount Sinai Harbor (Town of Brookhaven); Long Island Sound (Towns of Brookhaven and Riverhead); Great Peconic Bay (Towns of Southold and Riverhead); Patchogue Bay (Towns of Brookhaven and Islip); Cold Spring Harbor (Towns of Huntington and Oyster Bay); Stony Brook Harbor (Towns of Brookhaven and Smithtown); Shinnecock Bay (Town of Southampton); and Acabonac Harbor (Town of East Hampton). This notice will be published in issue 10 of the State Register, dated March 9, 2016.

For further information, please contact:

Matt Richards
NYS DEC - Division of Fish, Wildlife and Marine Resources
Bureau of Marine Resources
Shellfish Growing Area Certification Unit
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0491
E-mail: matt.richards@dec.ny,gov


Notice of Revised Rule Making for Proposed Amendments to 6 NYCRR Part 375, Environmental Remediation Programs

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has revised the proposed amendments to 6 NYCRR Part 375, Environmental Remediation Programs.

On June 10, 2015, NYS DEC formally proposed revisions to 6 NYCRR Part 375 to meet the statutory mandates in Part BB of Chapter 56 of the Laws of 2015, which amended and added new language to Environmental Conservation Law (ECL) Article 27, Title 14 (Brownfield Cleanup Program, BCP) and certain other laws. The proposal of these regulations resulted in amendments to the Brownfield Cleanup Program (BCP) law becoming effective on July 1, 2015.

This rule making would amend Part 375 to add two new definitions, one for "affordable housing project" and a second for "underutilized." The new BCP law directed NYS DEC to define the terms in regulation and publish the "affordable housing project" definition in the State Register. These definitions, along with the other criteria for eligibility for tangible property tax credits (the site's location in an EnZone or the site meeting the statutory definition of "upside down"), would be used to determine whether a site in New York City would be eligible for those credits. The "affordable housing project" definition would also be used statewide to determine a site's eligibility for the five percent affordable housing tax credit bonus. This rule making would also amend the "brownfield site" definition at 6 NYCRR 375-1.2(b) to meet the definition in the new BCP law as well as deleting 6 NYCRR 375-3.3(a)(1) to conform to this definition.

The 2015 amendments to the BCP law address the large differences in the potential state tax liability between New York City BCP sites and those in the rest of the State. The primary driver for the regional imbalance within the BCP is high development costs for some downstate projects, which were reflected in excessive tangible property tax credits. Limiting the eligibility of New York City sites for redevelopment credits to specific affordable housing projects and underutilized properties through criteria established by regulation should help target funds and projects in New York City areas with the most need. The amended definition of "brownfield site" would clarify NYS DEC's use of an environmental standards-based approach to site eligibility determinations to ensure that tangible property tax credits are only afforded to sites with actual contamination rather than potential contamination.

One public hearing on the proposed revisions was held in New York City on July 29, 2015 during the public comment period which ended on August 5, 2015. Based on comments received during the public comment period and public hearing, NYS DEC made substantive revisions to the "underutilized" definition; one minor technical change to the "affordable housing project" definition; and no changes to the "brownfield site" definition. NYS DEC prepared an Assessment of Public Comment and revised the Express Terms and supporting rule making documents. A Notice of Revised Rule Making was published in the State Register on March 9, 2016.

Details about the revised rule making are available on NYS DEC's website at: http://www.dec.ny.gov/regulations/101908.html. Information about how to submit written comments are also provided below.

Availability of documents for review: The revised proposed amendments to Part 375 and supporting rule making documents are available on NYS DEC's website at http://www.dec.ny.gov/regulations/101908.html. These documents may also be inspected at: NYS DEC, Central Office, 625 Broadway, Albany, NY 12233. Please call Angela Chieco for an appointment at: (518) 402-9764.

Submitting written comments: The public is invited to submit written comments on the revised proposed amendments to Part 375 and revised supporting rule making documents through Friday, April 8, 2016. Written comments can be submitted:

(1) By email to derweb@dec.ny.gov and please include "Comments on Revised Proposed Part 375" in the subject line of the email; or

(2) By mail to Michael Ryan, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7011.

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


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: http://www.dec.ny.gov/press/104885.html). The 2016 Application Brochure and "Tips for Applicants" document are available on NYS DEC's website: http://www.dec.ny.gov/public/945.html.

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 awards@dec.ny.gov.


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    Division of Environmental Permits
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