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ENB - Statewide Notices 2/8/2017

Public Notice

Notice of New York State Department of Environmental Conservation Program Policy

DAR-17: Federal Enforceability of Air Pollution Control Permits

This policy describes the procedures and requirements for developing federally enforceable permit conditions that must be used by permit writers when implementing the New York State Department of Environmental Conservation's (NYS DEC) operating permit program. This policy is intended for use by NYS DEC staff when developing air state facility and Title V facility permits that are required to contain federally enforceable terms and conditions. The guidance contained in this document is primarily intended for use in conjunction with NYS DEC's permitting and regulatory authority found in 6 NYCRR Parts 200, 201, and 621. This policy replaces Air Guide 10 previously issued on October 5, 1994 by NYS DEC.

The full text and a printable PDF of this policy can be found on NYS DEC's website at:

Written comments on the proposed policy may be submitted until 5:00 p.m. on March 10, 2017.

For further information, contact:

Mark Lanzafame
NYS DEC - Division of Air
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403

Notice of Adoption - Amendments to 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting

Final Rule - Effective March 3, 2017

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Adoption with the New York State Department of State on February 1, 2017 to amend 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting.

The amendments finalized the (1) addition of 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 at 6 NYCRR Section 597.3; (2) allowance for continued use of firefighting foam that may contain PFOA-acid, PFOA-salt, PFOS-acid or PFOS-salt to fight fires (but not for training or any other purposes) on or before April 25, 2017 even if such use may result in the release of a reportable quantity (RQ), which is otherwise prohibited; and (3) correction to the list of hazardous substances by providing units for RQs.

The Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on May 11, 2016. An emergency rule added PFOA-acid, PFOA-salt, PFOS-acid and PFOS-salt to Section 597.3 while the proposed rule making proceeded with public hearings and a public comment period, which ended on July 8, 2016. Public hearings were held on June 27, 2016 (Albany), June 28, 2016 (Rochester) and June 30, 2016 (Garden City). NYS DEC received 40 comments during the hearings and by written submission. NYS DEC prepared an Assessment of Public Comment (APC) and Summary of APC to address the comments received.

Please note that the Emergency Rule for Part 597 remains in effect through March 12, 2017. Final Rule makes the amendments to Part 597 permanent on March 3, 2017.

Regulated entities should be aware of the following deadlines associated with compliance with the Emergency Rule (until March 12, 2017) and Final Rule (as of March 3, 2017).

April 25, 2016 - Registration Requirement
A facility that stores one or more hazardous substances, which is subject to the Chemical Bulk Storage (CBS) registration requirements in 6 NYCRR Part 596, is required to submit its registration application to NYS DEC and pay the commensurate fee when it becomes subject to regulation. PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt became hazardous substances subject to these registration requirements on April 25, 2016.

April 25, 2017 - Firefighting Foam Compliance
The release prohibition includes an exception with a new provision at paragraph 597.4(a)(3) which allows entities storing firefighting foam to use the foam to fight fires, but not for training or other purposes, on or before April 25, 2017 while they determine if using the foam would cause a release of one pound or more of PFOA-acid, PFOA-salt, PFOS-acid, or PFOS-salt. This exception is necessary in order to ensure the availability of materials to control fires effectively to benefit public safety.

Foam that is prohibited for use after April 25, 2017 should be safely disposed in accordance with federal, state, and local requirements. Replacement foam may not contain a hazardous substance at a concentration that would result in the release of the reportable quantity (one pound) or more when used as a firefighting foam.

April 25, 2018 - Existing Facilities: Handling and Storage Requirements
CBS facilities with storage of PFOA-acid, PFOA-salt, PFOS-acid, or PFOS-salt that began prior to April 25, 2016 are required to comply with the handling and storage requirements for these four hazardous substances on or before
April 25, 2018 (See 6 NYCRR 598.1(h)).

The final rule making documents, including the APC, are available on NYS DEC's website at

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail:

2017 Hudson River Estuary Grants for Tributary Restoration and Resiliency Under the New York State Environmental Protection Fund

Eligible Applicants are Governmental Entities and Not For Profit Corporations located within the Geographic Boundaries of the Hudson River Estuary

Applications will be accepted through 3:00 p.m. April 6, 2017 for grant funding under the Hudson River Estuary Grant Program. Anticipated grant funds from the New York State Environmental Protection Fund (NYS EPF) is approximately $1,000,000. This is a competitive grant program and projects must implement priorities of the Hudson River Estuary Action Agenda identified in the application. The Hudson River Estuary Action Agenda can be viewed at: Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River. State assistance may fund up to 95% of the project cost. The matching share to be provided by the recipient is 5%.

Applications must be completed online and are available on the New York State Grants Gateway at: The application ID Number is DEC01-HRER20-2017. All applicants must register in the Gateway to be eligible to apply for any NYS grant opportunity. Not-for-profit applicants must also be "prequalified" in the Grants Gateway system prior to the application deadline to be considered eligible for a grant. Information regarding registration and prequalification can be found at: Information regarding the Hudson River Estuary grant applications can be found at: or you may contact: Susan Pepe, NYS DEC - Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail:

Contact: Susan Pepe, NYS DEC - Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail:

Notice of Acceptance of Draft GEIS

The New York State Department of Environmental Conservation (NYS DEC) has completed for public review and comment the Draft Generic Environmental Impact Statement (Draft GEIS) for Proposed Amendments to the State Environmental Quality Review Act (SEQR) Regulations

Notice of Public Hearing for: Proposed Amendments to the State Environmental Quality Review Act (SEQR) Regulations.


New York State Department of Environmental Conservation (NYS DEC)
625 Broadway
Albany, New York 12233

Description of Action: NYS DEC proposes to amend the regulations that implement the State Environmental Quality Review Act (SEQR, Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 617). The principal purpose of the amendments is to streamline the SEQR process without sacrificing meaningful environmental review and strengthen New York State's environmental review process by expanding the actions not subject to further review, known as Type II actions, modifying certain thresholds for actions deemed more likely to require the preparation of an environmental impact statement (EIS), making scoping of an EIS mandatory rather than optional, and making the acceptance procedures for a draft EIS more consistent. Other changes are proposed. The changes being proposed are modest in nature, not intended to change the basic structure of an environmental review, and build on the changes made to the environmental assessment forms.

State Environmental Quality Review Act (SEQR): Under SEQR, the proposed regulatory amendments have been classified as Unlisted with NYS DEC serving as the lead agency. Although NYS DEC has not identified any potentially significant adverse environmental impacts that will result from the proposed amendments, NYS DEC has chosen to use a generic environmental impact statement (GEIS) to discuss the objectives and the rationale for the proposed amendments and provide opportunity for public participation. NYS DEC has also combined the GEIS with the impact statements required by the State Administrative Procedure Act (SAPA) to reduce duplication. The Final Scope for the Draft GEIS was issued November 28, 2012 and the Draft GEIS was accepted as complete on January 20, 2017.

Document Availability: The Draft GEIS and Express Terms (Proposed Regulatory Language Amendments) and other documents as required by SAPA to support this rulemaking are available for review online at the following web page:

A paper copy or electronic copies on compact disc may be requested from the contact person listed below.

Written Comments:

All written comments regarding the proposed amendments, DGEIS and Express Terms, must be received by close of business on May 19, 2017 and must be sent to the following NYS DEC Contact Person:

James J. Eldred
NYS DEC - Division of Environmental Permits
625 Broadway
Albany, NY 12233-1750
Comments will also be received via e-mail:
Phone: (518) 402-9167

Notice of Legislative Public Hearing

In accordance with the provisions of 6 NYCRR Parts 617, a legislative public hearing will be held on March 31, 2017 before an Administrative Law Judge (ALJ) to receive unsworn statements from the public on the proposed amendments. The session will begin at 1:00 pm at 625 Broadway, Albany, New York, Public Assembly Room 129.

All persons, organizations, corporations, or government agencies who are interested in the proposed amendments are invited to attend the hearing and to submit oral or written comments on the proposal. While it is not necessary to file in advance to speak at the hearing, pre-registration (either to attend and or to speak) is available if you so choose to do so from the EventBrite webpage (link leaves DEC website) at: Lengthy statements should be in writing and summarized for oral presentation. Equal weight will be given to both oral and written statements. The Administrative Law Judge (ALJ) may limit the time available for oral comments to ensure that all persons have an opportunity to be heard. The hearing facility is reasonably accessible to the mobility impaired. Translator services shall be made available, at no charge, upon written request to the ALJ. All requests must be made to the NYS DEC Office of Hearings and Mediation Services, ALJ Lisa A. Wilkinson, 625 Broadway, First Floor, Albany, New York, 12233-1550, Phone: (518) 402-9003. The request must be received no later than 4:00 p.m. on March 21, 2017. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above by March 21, 2017. For those unable to attend the legislative public hearing, as indicated above, written comments may be submitted, no later than May 19, 2017, to the contact listed below.

Contact: James J. Eldred, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail:

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