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ENB - Statewide Notices 4/5/2017

Notice of Complete Application

The New York State Department of Environmental Conservation (NYS DEC) and the United States Army Corps of Engineers (US ACE) propose to issue the Statewide Programmatic General Permit (SPGP) for post-storm recovery activities in portions of New York State. The SPGP would offer one application for the purpose of complying with both agencies' regulations pursuant to the Clean Water Act, Rivers and Harbors Appropriations Act of 1899 and New York State Environmental Conservation Law, which collectively govern discharge of pollutants into fresh waters, rivers, streams, lakes, ponds, and wetlands.

The SPGP provides an efficient permitting mechanism for post-storm recovery work affecting regulated waters and ensures that all post-storm recovery is conducted in a manner that reduces any potential adverse environmental impact. The SPGP would be activated on a county by county basis following a declaration of a State of Emergency by the Governor and the Army Corps of Engineers. The SPGP will allow post-storm recovery work for a period of two years after the date of activation. Coverage under the SPGP must be sought by submitting an application form to one or both agencies. The agencies will coordinate review based on the proposed activity. Authorized activities would include repair and replacement of structures and fills as well as temporary dewatering, debris and sediment removal, stream channel restoration, dredging and beach restoration.

Permits Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters;
Article 24 Title 23 Freshwater Wetlands;
Article 15 Title 27 Wild Scenic and Recreational Rivers; and
Section 401 - Clean Water Act Water Quality Certification

Project Location:

All counties within New York State with the exception of New York County, Nassau County, Suffolk County, Queens County, Kings County, Richmond County, Bronx County, and the portions of Rockland and Westchester counties along the Hudson River south of the Tappan Zee Bridge.

State Environmental Quality Review (SEQR) Determination:

The project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: Not Determined

Opportunity for Public Comment:

The draft State Programmatic General Permit can be viewed online at: http://www.dec.ny.gov/permits/89343.html or a hard copy will be mailed by contacting the person listed below. Comments on this project must be submitted to the contact person in writing no later than Friday, May 5, 2017 or thirty days from this notice, whichever is later.

Contact: Karyn Hanson, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail: deppermitting@dec.ny.gov.


Public Notice

Notice of Proposed Amendments to 6 NYCRR Part 380, Prevention and Control of Environmental Pollution by Radioactive Materials - Public Comment Period, Availability of Documents, and Public Hearing

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is proposing to amend 6 NYCRR Part 380, Prevention and Control of Environmental Pollution by Radioactive Materials, to incorporate eight federal rule changes that have occurred from 1991 through 2008, and to clarify and improve the existing regulation. The amendments would include: (1) minor changes to several definitions; (2) an expansion of criteria for the disposal of specific waste (the "biomedical exemption") to include biodegradable animal bedding; (3) changes to requirements for reporting incidents; (4) prohibiting the deliberate submission of inaccurate or incomplete information; and (5) adding two radionuclides, N-13 and O-15, to the tables of effluent concentrations. This rule making would also add a ten millirem constraint on airborne emissions, a requirement which has been implemented for several years through Radiation Control Permit conditions.

The Notice of Proposed Rule Making is available in the April 5, 2017 issue of the State Register. NYS DEC will accept written public comments through Monday, June 5, 2017. Additional details are provided below.

Availability of documents for review: Proposed amendments to Part 380 and supporting rule making documents are available on NYS DEC's web site at http://www.dec.ny.gov/regulations/106149.html. These documents may also be inspected at NYS DEC, 625 Broadway, Albany, NY. Please call Sandra Hinkel for an appointment at: (518) 402-9625.

Public Hearing: A legislative public hearing to receive public comment on the proposed amendments to Part 380 will be held as follows:

Date: Thursday, May 25, 2017
Time: 1:00 p.m.
Location: NYS DEC Headquarters
625 Broadway, Room 129
Albany, NY

Prior to the hearing, a public availability session will also be held on May 25, 2017 from 10:00 a.m. - 11:30 a.m. at the same location.

This location is accessible to persons with impaired mobility. Interpreter services will be made available to the hearing impaired, at no charge, upon written request at least five business days prior to the date of the hearing. Please address requests to Sandra Hinkel, NYS DEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7255.

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

If you are interested in attending the hearing, it is recommended that you register at: http://www.dec.ny.gov/regulations/106149.html

Written comments: The public is invited to submit written comments on these proposed amendments to Part 380 through Monday, June 5, 2017. Written comments can be submitted by:

(1) E-mail to: Regs.Radiation@dec.ny.gov and please write "Comments on Proposed Part 380" in the subject line of the email; or

(2) Mail to: Sandra Hinkel, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7255.

Contact: Sandra Hinkel, NYS DE -, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7255, Phone: (518) 402-9625, E-mail: Regs.Radiation@dec.ny.gov.


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: http://www.dec.ny.gov/press/109244.html. The 2017 Application Brochure and "Tips for Applicants" document are available on NYS DEC's website at: 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.

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.

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: awards@dec.ny.gov.


Notice of Legislative Public Hearing

The New York State Department of Environmental Conservation (NYS DEC) proposes to amend the regulations that implement the State Environmental Quality Review Act (SEQR; codified at Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York). NYS DEC has previously provided notice of the proposed regulatory amendments and completion of a draft generic environmental impact statement for the proposed rules in the February 8, 2017 editions of both the New York State Register and the Environmental Notice Bulletin. That notice also indicated that NYS DEC would hold a legislative public hearing on the proposed amendments on March 31, 2017, commencing at 1:00 p.m., at NYS DEC Central Office, Room 129, 625 Broadway, Albany, New York.

NYS DEC hereby gives notice of the following additional legislative public hearings and public information sessions on the proposed amendments:

Date: April 6, 2017
Time: 6:00 p.m.
Location: NYS DEC - Region 3 Headquarters
21 South Putt Corners Road
New Paltz, New York;

Date: April 13, 2017
Time: 6:00 p.m.
Location: Suffolk County Water Authority
260 Motor Parkway
Hauppauge New York; and

Date: April 18, 2017
Time: 6:00 p.m.
Location: RIT Inn and Conference Center
5257 West Henrietta Road
Rochester, New York.

NYS DEC will also conduct public information meetings immediately prior to the start of each of these additional hearings. The public information meetings will be from 3:30 p.m. to 5:00 p.m. at the same location.

The purpose of the scheduled public hearings is to receive unsworn statements from the public on the proposed SEQR amendments before an Administrative Law Judge (ALJ). The purpose of the public information sessions will be for DEC staff to answer questions regarding the amendments.

All persons who are interested in the proposed amendments are invited to attend the hearings and to submit oral or written comments on the proposal. Lengthy statements should be in writing and summarized for oral presentation. Equal weight will be given to both oral and written statements. The 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 Office of Hearings and Mediation Services (OHMS). All requests for translator services must be made to OMHS, 625 Broadway, First Floor, Albany, NY 12233-1550. Phone: (518) 402-9003. Any request must be received no later than 4:00 p.m. at least ten days prior to the hearing date. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the OHMS at the address listed above at least ten days prior to the hearing date.

For those unable to attend the legislative public hearing written comments may be submitted by no later than the close of business on May 19, 2017 to the contact person identified below. Comments may be submitted by e-mail in PDF or MS Word format.

The proposed regulations and impact statements (required by SAPA and SEQR) are available for review on the DEC's website at the following address: http://www.dec.ny.gov/permits/83389.html.

Contact: James J. Eldred, NYS DEC, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail: SEQRA617@dec.ny.gov .


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    Division of Environmental Permits
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