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ENB - Statewide Notices 2/22/2017

Public Notice

Notice of Adoption 6 NYCRR Part 490, Projected Sea-level Rise

Pursuant to Environmental Conservation Law (ECL) §3-0319, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of adoption of rule on February 3, 2017, to be effective February 22, 2017, to establish a new 6 NYCRR Part 490, Projected Sea-level Rise (Part 490). Part 490 will establish projections of sea-level rise in three specified geographic regions of New York State over various time intervals.

The Community Risk and Resiliency Act (Chapter 355 of the Laws of 2014) added Section 3-0319 to the ECL. Section 3-0319 requires NYS DEC to adopt regulations establishing science-based State sea-level rise projections. The promulgation of Part 490 by NYS DEC fulfills this statutory requirement.

For further information, contact
Mark Lowery
NYS DEC - Office of Climate Change
625 Broadway
Albany, NY 12233-1030
Phone: (518) 402-8448

Notice of Plant Cultivars Exempt from 6 NYCRR Part 575 Regulations

A regulation, 6 NYCRR Part 575 Prohibited and Regulated Invasive Species, was adopted in July 2014 that prohibits or regulates the possession, transport, importation, sale, purchase and introduction of certain invasive species. The purpose of this regulation is to help control invasive species by reducing their introduction and spread.

This regulation became effective March 10, 2015. Section 575.8 of the regulation provides an exemption for cultivars of prohibited or regulated species for which the New York State Department of Environmental Conservation (NYS DEC) determines that: 1) the primary means of reproduction of the cultivar's parent species is sexual, not vegetative, and 2) that the cultivar and its offspring do not revert to express the invasive characteristics of the parent.

NYS DEC has assessed several cultivars of prohibited and regulated species, using a standard scientifically rigorous assessment protocol, and has determined that the cultivars listed below meet the exemption qualifications of 575.8 (a)(4). Individual cultivar assessments are available upon request. Therefore, a person may legally possess, sell, import, purchase, transport, or introduce the following plant cultivars and no labeling requirements apply:

Prohibited Species
Common Name Scientific Name Cultivar Name Trademark Name Accession Number Patent Status
Japanese Barberry Berberis thunbergii 'Aurea' Conditionally Exempt
Regulated Species
Common Name Scientific Name Cultivar Name Trademark Name Accession Number Patent Status
Chinese Silvergrass Miscanthus sinensis 'NCMS1' My Fair Maiden H2008-091-004 PPAF Conditionally Exempt
Chinese Silvergrass Miscanthus sinensis 'Tift M77' Scout PPAF Conditionally Exempt
Winter Creeper Euonymus fortunei 'Kewensis' Conditionally Exempt
Winter Creeper Euonymus fortunei 'Vanilla Frosting' Conditionally Exempt

Conditionally Exempt - Cultivars exempt from Part 575 Prohibited and Regulated requirements, subject to periodic re-evaluation.

Contact: Dave Adams, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4253, Phone: (518) 402-9425, E-mail:

New York State Department of Environmental Conservation (NYS DEC) Program Policy: Rapid Response Framework for Invasive Species

A finalized program policy document titled "Rapid Response Framework for Invasive Species" is now available. This program policy is intended to serve as an aid to resource managers who are responsible for responding to newly discovered invasive species infestations. Early detection of new invasions is critical to any rapid response. The process that we have selected ensures that managers give attention to all of the necessary components of an effective response: coordination, communication, public outreach, planning, science, information management, laws and regulations, resources and logistics. Our experiences with snakehead fish, chronic wasting disease, hydrilla, oak wilt, Asian long horned beetle, and emerald ash borer in New York State have been used to help develop and refine this framework.

The Program Policy: Rapid Response Framework for Invasive Species is posted on the NYS DEC web site at: and is available in NYS DEC's Central Office in Albany and each regional NYS DEC office.

Contact: Dave Adams, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4253, Phone: (518) 402-9425, E-mail:

Pursuant to Title 6, New York State Department of Environmental Conservation (NYS DEC) Chapter III, Air Resources Subchapter A Prevention and Control of Air Contamination and Air Pollution Part 243, Transport Rule NOx Ozone Season Trading Program

A distribution of allowances under the Cross-State Air Pollution Rule was made into the Energy Efficiency and Renewable Energy Technology (EERET) account, which is managed by the New York State Energy Research and Development Authority (NYSERDA). Pursuant to the regulation, NYSERDA is required to make all the allowances in the EERET account available for sale on the open market no later than 30 days upon receipt into the EERET account.

NYSERDA intends to sell 516 of the 2017 vintage and 516 of the 2018 vintage Ozone Seasonal allowances via Amerex Brokers LLC (Aramex). Interested parties may contact Amerex directly to inquire about purchase.

Amerex Brokers LLC; a subsidiary of GFI Group Inc./BGC Partners, Inc.
1 Sugar Creek Center Boulevard, Suite 700
Sugar Land, Texas 77478
Phone: (281) 340-8004
Web: and

Contact: Allison Rose, NYSERDA, 17 Columbia Circle, Albany, NY 12203, Phone: (518) 862-1090, Website:

New York State Department of Environmental Conservation (NYS DEC) Announces Annual Environmental Excellence Awards

Applications Accepted through April 14, 2017

NYS DEC is now accepting applications for the 2017 NYS Environmental Excellence Awards program, the press release is available at: The 2017 Application Brochure and "Tips for Applicants" document are available on NYS DEC's website at:

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.

Competitive applications will focus on innovative and cutting-edge projects or programs that are achieving significant environmental benefits through:

  • greenhouse gas emissions reductions;
  • climate change adaptations;
  • food waste reduction efforts;
  • recycling and composting programs;
  • "green tech" solutions;
  • initiatives to "green" businesses, farms, schools, recreational, sports, health care and hospitality facilities;
  • clean energy projects and energy efficiency improvements;
  • green infrastructure projects;
  • natural resource/habitat protection or restoration efforts;
  • urban forestry or farming practices;
  • programs advancing locally grown and "farm to table;
  • education and training programs; and
  • manufacturing process improvements.

A NYS DEC webinar on Tuesday, February 28, from 2:00 p.m. to 3:30 p.m. will provide details about the awards program and how to submit a competitive application. Participants will also hear from previous award recipients about the importance and benefits of being one of 80 awardees that are leading by example in their sector and community. Those interested in attending the webinar must register at:

Completed applications must be post marked no later than Friday, April 14, 2017. Award winners will be honored at a ceremony in November 2017. At that time, winners will have an opportunity to present and display information about their award-winning project or program.

For more information about the award program and the 2017 application materials, contact: Marna Posluszny, NYS DEC - Pollution Prevention Unit, 625 Broadway, Albany, NY 12233-7253, Phone: (518) 402-9469, E-mail:

Final Amendment No. 2 to the Drinking Water State Revolving Fund (DWSRF) Federal Fiscal Year (FFY) 2017 Intended Use Plan

FFY 2017 DWSRF Intended Use Plan Amendment:

Draft Amendment No. 2 to the Drinking Water State Revolving Fund Intended Use Plan (IUP) issued October 1, 2016 was published in the February 1, 2017 issue of the Environmental Notice Bulletin. The comment period for Draft Amendment No. 2 closed on February 15, 2017 and the New York State Department of Health (NYS DOH) received no public comments pertaining to the Amendment. Therefore, as of February 16, 2016 the Amendment as shown below was final:

DWSRF#18185 Phoenix (V), Oswego County - The project cost as listed in the DWSRF Intended Use Plan (IUP) is increased by $280,000. This increase is necessitated by actual construction contract bids that were received for the project and will allow for the project to close on a short term financing for the required amount.

NYS DOH has determined that the amendments are necessary, reasonable, and in the interest of protecting public health. The amendments will not adversely affect any project on the IUP Project Annual List above the subsidized funding line. Except as noted above, there are no other changes to the IUP as a result of this Amendment No. 2 of the FFY 2017 IUP.

Contact: Michael Montysko , NYS DOH - Bureau of Water Supply Protection, Corning Tower Room 1135, Empire State Plaza, Albany, NY 12237, Fax: (518) 402-7599, E-mail:

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