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ENB - Statewide Notices 3/16/2016

Public Notice

Notice of Proposed Revised 6 NYCRR Part 360, Solid Waste Management Facilities

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is proposing to revise 6 NYCRR Part 360 (Part 360) Solid Waste Management Facilities. The last comprehensive revisions to the regulations governing solid waste management in New York State occurred in 1993. The revisions include technical amendments and clarifications, as well as updated criteria needed due to legal and policy developments. In support of these regulatory changes, a Draft Generic Environmental Impact Statement (Draft GEIS) has been prepared. The Notice of Proposed Rule Making is available in the March 16, 2016 issue of the State Register. Written public comments will be accepted by NYS DEC through July 15, 2016.

This rule making will amend the existing regulations for solid waste management facilities that are currently found in Part 360. A component of this proposed rulemaking is to subdivide the solid waste management facility regulations into groups that are similar in nature, such as facilities that recycle and recover materials. Therefore, the current Part 360 criteria will be found in Parts 360, 361, 362, 363, 365, and 366. In addition to the solid waste management facilities and activities currently regulated under Part 360, this proposed rulemaking includes revisions to regulations governing waste transportation (Part 364) and state assistance grants to municipalities related to solid waste management (Part 369). This rulemaking will also incorporate minor amendments to Parts 621 and Parts 370-374.

Availability of documents for review: Information concerning the review process, the proposed amendments to Part 360, and supporting rule making documents are available on NYS DEC's web site at: http://www.dec.ny.gov/regulations/81768.html. These documents may also be inspected at NYS DEC, 625 Broadway, Albany, NY 12233. Please call Melissa Treers for an appointment at (518) 402-8678.

Public hearings: Legislative public hearings to receive public comments on the amendments to Part 360 and the DGEIS will be held as follows:

Date: June 2, 2016
Time: 1:00 p.m.
Location: Suffolk County Water Authority Education Center
260 Motor Parkway
Hauppauge, NY 11788

Date: June 6, 2016
Time: 1:00 p.m.
Location: NYS DEC Central Office
625 Broadway
Albany, NY 12233

Date: June 7, 2016
Time: 1:00 p.m.
Location: RIT Inn and Conference Center
Henrietta Ballroom
5257 West Henrietta Road
Rochester, NY 14467

These hearing locations are accessible to persons with impaired mobility. Interpreter services will be made available to deaf persons, at no charge, upon written request at least five business days prior to the date of the hearing. Please address requests to Melissa Treers, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7260.

NYS DEC invites all persons, organizations, corporations and governmental agencies to attend these hearings and submit either written or oral statements. At the hearings, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. However, NYS DEC will give equal weight to written and oral statements. Since a cumulative record will be compiled, it is not required that interested parties attend the hearings.

Written comments: The public is invited to submit written comments on the proposed amendments to Part 360 through July 15, 2016.

Written comments can be submitted as follows:

(1) By e-mail to SolidWasteRegulations@dec.ny.gov . Please include "Comments on Proposed Part 360 Series " in the subject line of the email; or

(2) By mail to: Melissa Treers, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7260.

Contact: Melissa Treers, NYSDEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7260, Phone: (518) 402-8678, E-mail: SolidWasteRegulations@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.


Draft Amendment No. 1 to the FFY 2016 CWSRF Intended Use Plan - Revisions To The Annual CWSRF Project Priority List, GIGP Projects, Smart Growth Review, Modification of the Sources and Uses, Addition of Target Service Charge Formula, and Funding of Stormwater Projects

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) 2016 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF), dated November 2015, is being amended.

NYS EFC is seeking comment on the 2016 CWSRF IUP Amendment No. 1.

This draft amendment to the Clean Water State Revolving Fund (CWSRF) Intended Use Plan (IUP) for Federal Fiscal Year (FFY) 2016 includes addresses six topics:

  1. Revisions to the FFY 2016 Annual Project Priority List.
  2. Green Innovation Grant Program (GIGP) Round 7 projects.
  3. Smart Growth review of projects added to the Final 2016 Annual List.
  4. Modification of Sources and Uses.
  5. Modification to Section 4.4.5 to add Target Service Charge formula.
  6. Funding of stormwater projects.

The Draft Amendment No. 1 will be available on the NYS EFC website at: www.efc.ny.gov.

Written comments on Amendment No. 1 to the CWSRF IUP will be accepted by mail, e-mail, or fax until close of business, April 1, 2016.

Comments should be addressed to:

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: iupcomments@efc.ny.gov


The New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

On December 23, 2015, NYS DEC proposed 6 NYCRR Part 222, "Distributed Generation Sources," for public review and comment. The comment period closed at 5:00 p.m. on February 18, 2016.

In order to comply with the proposed regulatory obligation to provide 60 days notice prior to stack testing on or before April 30, 2016 (Section 222.6), affected source owners would have needed to notify NYS DEC in writing no later than March 2, 2016 of their intent to conduct a stack test. However, NYS DEC was not able to complete the requirements of the State Administrative Procedures Act (SAPA) for adopting Part 222 prior to March 2, 2016, therefore creating the possibility for regulatory confusion. Other proposed deadlines fall on April 1, 2016 and May 1, 2016.

Because it will take several weeks to complete the regulatory process, NYS DEC understands that affected parties will not be in a position to meet the initial compliance dates in the proposal. In addition, it may cause regulatory uncertainty for those parties planning to enroll in demand response programs if the rule becomes effective during the Summer 2016 Capability Period. Therefore, affected parties participating in demand response programs may anticipate that the regulation will not be applicable to participants in demand response programs until after the Summer 2016 Capability Period.

Nothing herein should be construed as altering any terms of the proposed regulation, including any deadlines subsequent to May 1, 2016. NYS DEC is evaluating the comments that have been submitted and will take further action on the proposal when that process is completed.

For further information, please contact:

John Barnes
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3251
Phone: (518) 402-8396
E-mail: john.barnes@dec.ny.gov


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