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ENB - Statewide Notices 12/7/2016

Public Notice

Notice of Emergency Adoption:
Third Re-Adoption - Effective November 14, 2016 (for an additional 60 days)

Amendments to 6 NYCRR Part 597: Hazardous Substances Identification, Release Prohibition, and Release Reporting

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 (NYS DOS) on November 14, 2016 to amend 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting. This is the third re-adoption for this emergency rule. The Notice of Emergency Adoption is available in the November 30, 2016 issue of the State Register.

Effective April 25, 2016, this emergency rule: (1) adds perfluorooctanoic acid (PFOA-acid, Chemical Abstracts Service (CAS) No. 335-67-1), ammonium perfluorooctanoate (PFOA-salt, CAS No. 3825-26-1), perfluorooctane sulfonic acid (PFOS-acid, CAS No. 1763-23-1), and perfluorooctane sulfonate (PFOS-salt, CAS No. 2795-39-3) to the list of hazardous substances in 6 NYCRR Section 597.3 (Section 597.3); (2) provides time for facilities storing firefighting foam to determine if stored foam contains one or more of these newly listed hazardous substances and to properly dispose of it and find replacement foams; and (3) makes a correction to the tables of hazardous substances in Part 597 by providing units for reportable quantities.

While the emergency rule allows the amendments to 6 NYCRR Part 597 to continue to be effective as of November 14, 2016, the emergency adoption is temporary for an additional 60 days. The proposed rule making related to the final rule is underway. The amendments become permanent upon adoption by NYS DEC and filing with NYS DOS. Subsequent Notices of Emergency Adoption will be filed with NYS DOS until the proposed rulemaking is completed.

During the public comment period for the proposed rule making, NYS DEC held public hearings in June 2016 in Albany, Rochester and Garden City, for a total of three public hearings, with an information session prior to each hearing. NYS DEC received 40 comments during the hearings and through written submissions. NYS DEC prepared an Assessment of Public Comment that is available, along with the Express Terms and supporting rule making documents, on NYS DEC's website 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:

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