Frequently Asked Questions about the ENB
What is the ENB?
The ENB is the Environmental Notice Bulletin that the Department of Environmental Conservation (DEC) is required to publish by Section 3-0306(4) of the Environmental Conservation Law.
What does the ENB publish?
The ENB publishes notices required by a range of environmental laws, including notices of complete applications under the Uniform Procedures Act (6 NYCRR Part 621) and several other state and regional agencies; notices required under the NYS Environmental Quality Review Act (SEQR) regulations (6 NYCRR Part 617) submitted by DEC as well as other state and local agencies; notices of DEC hearings; and some other specialized notices required by specific laws (such as grant availability under the 1996 Bond Act or the Environmental Protection Fund, or municipal solid waste management requests for proposals).
The most frequent notices that appear in the ENB are SEQR notices as required by ECL 8-0113(2)(i), 6 NYCRR Part 617.12 (c)(1):
- Type 1 Negative Declaration
- Conditioned Negative Declaration
- State Environmental Review Process for the State Revolving Fund Action - Action-Draft Negative Declaration
- State Environmental Review Process for the State Revolving Fund Action - Reaffirmation of Negative Declaration
- Positive Declaration
- Positive Declaration with Public Scoping Session
- Draft Environmental Impact Statement (EIS)
- Generic EIS
- Supplemental EIS
- Final EIS
- Public Hearings related to SEQR actions
In addition to SEQR notices, the following notices are required by law to appear in the ENB (appropriate sections of law indicated in the parentheses):
- Publish text or summary of DEC guidance memoranda and similar documents (once a year, publish an index of these memoranda). (ECL 3-0301[z])
- Notice of department rule making. (ECL 3-0306)
- The promulgation of a list of restricted pesticides. (ECL 33-0303[d])
- Any changes in the priority ranking list of State Pollution Discharge Elimination System (SPDES) permits. (ECL 17-0817)
- State Implementation Plan (SIP) revisions. (ECL 19-0303)
- Institution of the sulfur deposition control program lists, reports, targets, etc. (ECL 19-0907)
- Any order of suspension or revocation of a waste transporter permit. (ECL 27-0307)
- Any certificates of exemption from the prohibition land disposal of certain chemicals. (ECL 27-0912)
- Any notice of the Hazardous Waste Siting Board approval of a site for a hazardous waste treatment facility. (ECL 27-1305 [c])
- Notice of hearings on the modification of conservation easements. (ECL 49-0305, 49-0307)
- Project eligibility and ranking guidelines for various projects under the Clean Water/Clean Air Bond Act. Also a draft list of the projects chosen for funding in the various categories. (ECL 56-0303, 56-0403, 56-0405, 56-0505, 56-0607)
- Publish notices of DEC complete applications (all major projects and minor projects at its discretion). (ECL 70-0109 [a])
- Notice of DEC permit application hearings. (ECL 70-0115[a], ECL 70-0119)
- Complete application notice for applications within sole-source aquifers, information regarding the designation of that area as a sole-source aquifer. (ECL 17-0828)
- Notices of applications received for existing hazardous waste facilities. (ECL 27-0917)
- Adirondack Park Agency (APA) complete applications (all major project and minor projects at its discretion). (Executive Law 809 [d])
- Notice of APA permit application hearings . (Executive Law 809 [b])
- The calculation and fees set each year for the air quality program's regulatory fees. The regulation to set the fees becomes effective upon publication of the notice of adoption in the ENB. (ECL 72-0303)
- Municipalities must publish notices of requests for proposal and, subsequently, the awarding of contracts and agreements for solid waste management, collection and disposal. (General Municipal Law 120-w[l])
- Commissioner of the Office of General Services must publish notice of abandonment of any parcels of state land. (Public Lands Law 30-a )
What does the ENB not publish?
- job listings or general requests for proposals, and it does not accept advertising;
- notices of local municipal meetings;
- notices of local hearings;
- findings statements;
- local laws;
- scoping documents;
- unlisted negative declarations; or
- Type II actions.
Where can I get the ENB?
The ENB is available from the DEC website as a free electronic publication. You can access the current issue as well as back issues from November 11, 1999 from the ENB title page on the website.
How can I get on the ENB electronic mailing list?
First, use this link to subscribe to GovDelivery by entering your e-mail address. Fill in and submit the requested information on the "New Subscriber" page.
This will take you to the "Quick Subscription" page where you will see all the topics that you can receive email updates on from DEC. Scroll to the "News and Publications" category and check the box next to "Environmental Notice Bulletin." You will receive a welcome email from DEC confirming your subscription(s).
Each week, you will be provided with an e-mail alerting you that the ENB is available on the DEC website. Hundreds of users have joined our list and receive an electronic message hot linked directly to the current issue.
Can I get a paper subscription to the ENB?
The goal of the department was to phase out all paper distribution of the ENB. However, under the new Electronic Signature Bill and its implementing legislation, the department is required to make available in paper any information that is available electronically. To bring the ENB into compliance, the department will offer a subscription to the ENB in a printed format that will cost $215.00 per year. This cost is based on an estimate that reproduction costs for a typical ENB will be $1.00 per issue (or $52.00 per year) and a total annual 1st class mailing cost of $163.00 (per year). Make your check payable to NYS Department of Environmental Conservation. Mail your check to:
Environmental Notice Bulletin
NYS Department of Environmental Conservation
Albany, NY 12233-1750
What information does the ENB need for publication of a Negative Declaration, Positive Declaration, Draft Environmental Impact Statement, and other public notices required by the State Environmental Quality Review Act (SEQR)?
The basic information and format order for ENB SEQR Notices are:
- name of Lead Agency
- SEQR action taken (Negative Declaration, Positive Declaration, Draft EIS, etc.)
- brief description of project location in the case of a Draft EIS and a link to the website where the Draft EIS can be viewed, date of Public Hearing and Comment Period, if applicable
- contact person at the Lead Agency for project, with address and telephone number, including e-mail address and fax number, if offered
- every Environmental Impact Statement (EIS) - Draft EIS (DEIS) and Final EIS (FEIS) - must be posted on a publicly accessible Internet web site and the link to the website must be provided. This ruling is based on a 2005 amendment to SEQR (Chapter 641 of the NYS Laws of 2005; "Ch. 641"). Please refer to the EIS on the Web Requirement for specific posting requirements.
How can I submit notices to the ENB?
Electronic submission is the preferred method of sending a notice to the ENB for publication. The address to use is email@example.com when submitting a notice. Notices may also be submitted by first class mail to Environmental Notice Bulletin, NYS Department of Environmental Conservation, 4th Floor, 625 Broadway, Albany, NY 12233-1750. The ENB does not accept faxes since submissions received by fax cannot be scanned accurately.
How can I get a copy of the ENB submission form?
You can send an e-mail to firstname.lastname@example.org and request a copy of the ENB submission form. It is also available from the Department website in a pdf format* or downloadable (print) hard copy. The link to the submission form in pdf format is in the right hand column and at the bottom of the page. Simply go to the print function on your browser and download, fill in and then submit it to the ENB, either electronically or by mail.
*To fill in the pdf format form on your computer, you will need proper read and write software such as Adobe Acrobat.
Can I just submit my notice instead of completing the ENB submission form
It is not necessary to use the submission form in order to send in a notice. The submission form is a convenient outline of information that is used to create a notice. If notices are created in Word or WordPerfect, they can be e-mailed to email@example.com and be included in the body of the e-mail or sent as an attachment. The link to the submission form in pdf format is in the right hand column and at the bottom of the page. Simply go to the print function on your browser and download, fill in and then submit it to the ENB, either electronically or by mail.
Notices created in Word or WordPerfect must contain all the necessary information that is on the submission form. Failure to supply all necessary information may delay publication of the notice.
Why is my notice edited?
Notices are edited for consistency and to ensure they contain the information necessary to inform the reader of "Who", "What", "Where" and "When". All notices list a contact person for the project, address, a phone number and e-mail address so that the user may contact the project person directly to obtain a copy of the full notice.
What is the deadline for submitting notices?
Notices must be received by close of business on Wednesday in order to appear in the following Wednesday's edition of the ENB (notices sent via e-mail can be received until 11:59 p.m. on any given Wednesday for publication in the next Wednesday's ENB). For example, a notice received by close of business on Wednesday, July 18, 2001 would appear in the Wednesday, July 25, 2001 edition of the ENB. This deadline was established to ensure ENB users reliable, timely production of the ENB.
Why does the ENB have a 7-day lag between submission and publication?
Submissions are edited and compiled by staff from multiple e-mail and hard copy submissions, and time is needed to do that processing.
Can I check to see if you received my submission?
The email address of the ENB has an automatic response to the sender that their email was received. To check on receipt of notices, e-mail firstname.lastname@example.org or call (518) 402-9167.
Can I change my notice after it has been sent in for publication?
Notices submitted to the ENB may be changed or edited by e-mail email@example.com up to close of business on the Wednesday before the notice is scheduled to appear in the ENB. Changes to notices require documentation from whomever submitted the notice that the change is authorized.
How will I be able to find my notice once it is published?
The ENB is posted on the Department of Environmental Conservation's website every Wednesday at approximately 4:00 p.m. Look under "Public Involvement and News" and click on "Environmental Notice Bulletin (ENB)". On the ENB page, the user will find various links appearing on that page. The first item listed is the current issue. One click on this link will take you to the index page for the current issue. Like all issues, the submissions for the week are organized geographically by the nine regions of the department, as well as a category for statewide and multi-region sections. Click on the region your activity is proposed for and start reading.
To see the most recent notices, click on "Access the Current ENB" which will take you to an index page showing a link to the current ENB and the most recent archives. Just click on the link to the ENB you would like to read and then click on the region and type of notice you want, and start reading. Or, you can scroll down through all the notices for that week for each region.
How can I tell what DEC region I am in?
A convenient map at the top of the page for each issue of the ENB shows the State of New York broken down into the department's nine regions and the counties within those regions. Visit the department's Regional Office Directory if you need more information on this subject,
How can I get a copy of my notice?
The ENB is posted on the Department of Environmental Conservation's website every Wednesday at approximately 4:00 p.m. On the ENB main page, the user will find various links. In the middle area, you will find the link for the current issue of the ENB. Click on this link and it will take you to the index page for the current issue. The submissions for that week are organized geographically by the department's nine regions and by notice type. Click on the region your activity is located in, find your notice, then click on the "Printer-friendly" button at the top of the page, go to the print function on your web browser, select print page and print.
Can I get a certificate of publication?
The ENB does not provide certificates of publication. Also see previous question.
How can I get back issues of the ENB?
Since November 10, 1999, the ENB has been available in an electronic format and posted to the ENB web page. On this page, the user will find a link to access the previous issues for the current year and another link to access issues from 1999 to the previous year. If you would like to obtain issues before November 10, 1999, you may visit the Library's web site or contact the New York State Library, Cultural Education Center, Empire State Plaza, Albany, New York 12230; or call the Library's Reference Desk phone at (518) 474-5355.
Why don't some of the links that appear in notices work after awhile?
ENB issues are archived but most notices that appear in a particular issue are date sensitive (sent in from other agencies, etc.) and, therefore, not kept on a particular site after a certain date. In some cases, this creates broken links. However, each notice contains a contact name, address and, in most cases, a phone number so that even though the link no longer exists, the subscriber will still have access to the project contact.
How can I get the ENB if I don't have a home computer?
Most public libraries in New York State have Internet access, and some schools are starting to make their computer facilities available to the public.
When is the ENB published?
The ENB is published weekly, on Wednesdays. Most weeks it is posted by 4 p.m.
Isn't there a faster way to get to the ENB?
You can bookmark the ENB home page, which will let you link into each week's "Current Issue" as well as to back issues. (Don't bookmark the index page because you'll tie yourself to that week's issue. The publication date is part of the filename for each index page.)
What about complete notices issued by agencies other than DEC?
Complete notices from other agencies which are required by state law to be published in the ENB are included in the "SEQR and Other" section. Filing deadlines and methods are the same as for all other "SEQR and Other" notices (above).