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ENB - Statewide Notices 4/25/2018

Public Notice

Notice of Acceptance of Revised Draft Generic EIS - Extension of Public Comment Period

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Revised Draft Generic Environmental Impact Statement (R-DGEIS) on the proposal 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). NYS DEC published the original notice of revised rulemaking in the New York State Register and ENB on April 4, 2018. The notice provided for a 30 day comment period ending on May 4, 2018. The NYS DEC has now extended the comment period to Friday May 11, 2018. Revisions to the proposal are summarized in the Summary of Assessment of Public Comment and specifically identified in the R-DGEIS posted on the NYS DEC's website at the following address: The full text of the proposed amendments (express terms), as revised, is also posted.

NYS DEC is seeking comments on the revisions, which can be submitted on or before May 11, 2018 to the e-mail or physical address listed below. If comments are submitted by US Mail, they must be post marked no later than May 11, 2018.

A printed copy of the R-DGEIS is also available for review at the following location: 625 Broadway, Albany, NY 12233 from the contact listed below.

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

Notice of Adoption for Amendments to 6 NYCRR Part 380, Prevention and Control of Environmental Pollution by Radioactive Materials - Effective May 10, 2018

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has adopted amendments to 6 NYCRR Part 380 (Part 380), Prevention and Control of Environmental Pollution by Radioactive Materials, effective May 10, 2018. Part 380 applies to all State-regulated persons that dispose of or release radioactive material to the environment and sets stringent standards on the specific types of permitted radioactive releases and acceptable methods of disposal. The amendments incorporate eight federal rule changes that have occurred from 1991 through 2008, and clarify and improve the existing regulation. The Notice of Adoption will be available in the April 25, 2018 issue of the State Register.

Part 380 amendments include:

  • Requiring additional information in permit applications to assist DEC in the thorough review of all required permits.
  • Updating several provisions to maintain compatibility with federal regulations issued by the Nuclear Regulatory Commission, including the addition of a 10 millirem constraint on airborne emissions, a requirement which has been implemented for several years through Radiation Control Permit conditions.
  • Strengthening reporting requirements to ensure NYS DEC is alerted about incidents quickly.
  • Updating language, including minor revisions to several definitions.
  • Clarifying that certain types of radioactive materials are not subject to Part 380, such as household waste containing excreted residues of radiopharmaceuticals and intact smoke detectors.
  • Expanding specific categories of wastes to include animal bedding that meets certain criteria, to simplify waste management practices and eliminate the need to treat animal bedding as radioactive waste.
  • Adding two radionuclides (Nitrogen-13 and Oxygen-15) to the tables of concentrations.

Public outreach was conducted to stakeholders on the proposed amendments, including a public availability session and legislative public hearing which were held in Albany on May 25, 2017. Additionally, to ensure ample time for the public to participate in the process, the public comment period was extended to July 5, 2017, 30 days beyond the initial 60 day comment period.

Comments received both at the public hearing and in writing during the comment period were carefully considered as part of the amendment process. NYS DEC received comments from four medical centers (University of Rochester Medical Center, New York University Langone Medical Center, Weill Cornell Medical Center, Albany Medical Center), business interests (American Petroleum Institute, New York State Business Council), a nuclear power generator (Entergy), 32 environmental advocacy groups and 81 individuals. An Assessment of Public Comment was prepared to address the comments received during the public comment period.

The final rule making documents, including the amended Express Terms and Assessment of Public Comment, are available on NYS DEC's website at

Contact: Sandra Hinkel, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7255; Phone: (518) 402-9625; E-mail:

Pursuant to the Environmental Conservation Law section 13-0327, the New York State Department of Environmental Conservation hereby gives notice of the following:

NYS DEC has filed a Notice of Adoption to amend 6 NYCRR Part 49 to clarify the current size limit provisions for the taking of bay scallops. Currently, Part 49 requires that only those scallops measuring no less than 2¼ inches from the middle of the hinge to the middle of the bill and having an annual growth line may be taken. This new rule will provide clearer language to eliminate any confusion for commercial and recreational shellfish harvesters. This rule making ensures adequate protection of juvenile bay scallops to allow them to spawn at least once prior to harvest which is needed to support a sustainable bay scallop population and fishery.

This notice will be published in issue 17 of the State Register on April 25, 2018.

For further information please contact:

Debra A. Barnes
NYS DEC - Region 1 Marine Resources Headquarters
Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0477

Proposed Rulemaking Notice

Pursuant to Environmental Conservation Law section 9-1303, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The NYS DEC Division of Lands and Forests is filing a Notice of Proposed Rule Making to repeal 6 NYCRR §192.7, Control of the Emerald Ash Borer. The proposed action will repeal regulations that restrict the movement of ash wood in New York State. These regulations are no longer serving the purpose of slowing the spread of Emerald Ash Borer or allowing time for municipal governments to plan for the arrival of Emerald Ash Borer. The financial cost of the regulations to state government and the forest products industry now outweigh the limited economic benefit of protecting a dwindling ash resource from infestation. Immediate repeal of these regulations will allow the forest products industry and forest landowners to harvest and process ash that is still of high quality. Harvesting this resource before the infestation becomes even more widespread is in the best interest of forest landowners and the forest products industry as infested ash degrades quickly, resulting in decreased economic value and greater risk of personal injury and property damage as infested trees quickly weaken.

Although the effect of this proposed repeal will allow the free movement of ash wood, the movement of the Emerald Ash Borer (EAB) itself in any life stage is still restricted by 6 NYCRR Part 575, Prohibited and Regulated Invasive Species.

There are no anticipated adverse impacts. There are no mandates for local governments, and there are no costs to NYS DEC, local municipalities, or the regulated public.

There will be a 60 day public comment period on the proposed rule. Comments will be accepted through June 25th, 2018.

For further information please contact:

Justin Perry
NYS DEC - Division of Lands and Forests
625 Broadway
Albany, NY 12233-4253
Phone: (518) 402-9425

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