ENB - STATEWIDE NOTICES

In accordance with the provisions of the State Administrative Procedure Act (SAPA), notice is hereby given that the New York State Department of Environmental Conservation (Department), pursuant to Sections 3-0301.2(a) and (m), 19-0301.1, and 19-0303 of the Environmental Conservation Law, will revise the proposed amendments to 6 NYCRR Part 231, New Source Review In Nonattainment Areas and Ozone Transport Regions.

Part 231 which includes Subparts 231-1 and 231-2 was promulgated on October 15, 1994 to comply with the new source review (NSR) requirements in nonattainment areas set forth in the federal Clean Air Act Amendments (CAAA) of 1990. Implementation of Subpart 231-2 since then has revealed several provisions which are either more stringent than the federal CAAA requirements, require revision for conformance with the Department's new Part 201 regulation, or require clarification and/or simplification to facilitate easier implementation. The proposed amendments set forth revisions to Subpart 231-2 to address these issues.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration stating that the proposed revised rulemaking will not have a significant effect on the environment.

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revised rulemaking to comment on the changes to the original proposal by submitting oral or written statements to Raj Rao, P.E., NYS Department of Environmental Conservation, 50 Wolf Road, Room 108, Albany NY 12233-3254 until January 21, 2000.

A copy of the proposed revised rulemaking and supporting information may be obtained from Debra A. Donohue, NYS Department of Environmental Conservation, 50 Wolf Road, Room 108, Albany NY 12233-3254, telephone 518 457-7688, fax 518 485-8427, email dxdonohu@gw.dec.state.ny.us

A copy of the proposed revised rulemaking and supporting information may also be obtained from any of the following offices of the Department of Environmental Conservation:

• REGION 1, Building #40, State University of New York, Stony Brook, NY 11790 Attention: Ajay Shah
• REGION 2, Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101 Attention: Robert Mitrey
• REGION 3, 21 South Putt Corners Road, New Paltz, NY 12561 Attention: Robert Stanton
• REGION 4, 1150 North Westcott Rd, Schenectady, NY 12306 Attention: Rick Leone
• REGION 5, Hudson Street Extension, Box 220, Warrensburg, NY 12885 Attention: Michael Stawarz
• REGION 6, Watertown State Office Building, 317 Washington Street, Watertown, NY 13601, Attention: Tom Morgan
• REGION 7, 615 Erie Boulevard West, Syracuse, NY 13204-2400 Attention: Norman Boyce
• REGION 8, 6274 East Avon-Lima Road, Avon, NY 14414 Attention: Thomas Marriott
• REGION 9, 270 Michigan Ave, Buffalo, NY 14202 Attention: Henry Sandonato

Proposed Preliminary "Draft" Hazardous Waste Regulatory Amendments

The NYSDEC has been examining the differences between New York State's hazardous waste management regulations (Part 370 series) and the comparable federal hazardous waste regulations to develop proposed amendments to the Part 370 series.

The NYSDEC hazardous waste management regulations are largely consistent with, and in most cases identical to, the federal hazardous waste management regulations. There are, however, certain areas where the NYSDEC regulations are intentionally broader or more stringent than their federal counterparts. After reexamining the existing State hazardous waste management regulations, meeting with stakeholders on May 14, 1996, and again on December 12, 1996 (specifically in regard to the regulation of PCB waste in New York State) and receiving public comment in 1997 and 1998, we present a booklet entitled " Preliminary Proposals For Hazardous Waste Management Amendments," which includes the following elements:

• The Description of Differences Between New York State and Federal Hazardous Waste Regulations. This document describes the differences between New York State's hazardous waste regulations (the 6 NYCRR Part 370 series) as of November 1998 and the corresponding federal hazardous waste regulations of the 40 CFR Part 260 series as of August 28, 1997.
• The Preliminary Draft Express Terms. This document contains the "Preliminary Draft Express Terms" for the Part 370 series associated with regulatory changes proposed in the text of the above document.
• A State Initiatives Responsiveness Summary for the Preliminary Draft Proposals to Revise PCB Waste Regulation. This document was created by summarizing public comments received since 1995 concerning PCB waste regulation in New York State, including comments received during and after the December 1996 public workshop (PCB Regulation Public Workshop), as well as comments received as a result of the September 1997 public release of the preliminary proposals for the regulation of PCB waste. This booklet may be obtained by contacting the individual listed at the end of this notice.

Public opinion on the proposed changes and insights into the economic and environmental impacts of these preliminary "draft" proposals are invited and would be greatly appreciated, especially with regard to the following:

• Identification of specific cost savings, or additional costs, over a specified time frame. These should result from specific aspects of the proposed regulations as compared to the existing State and federal regulation counterparts;
• Environmental costs or benefits resulting from specific changes in the State proposals as compared to conditions resulting from existing State and federal regulations; and
• Miscellaneous items, including the effect on training needs, ease of regulatory interpretation, paperwork and staff resource needs, and enforcement concerns.

Comments should be submitted in writing to the individual listed below. The original date that comments were due, Monday, January 31, 2000, has been extended to close of business, February 29, 2000.

Contact: Gary Belcher, NYSDEC, Division of Solid & Hazardous Materials, Room 488, 50 Wolf Rd., Albany, New York 12233-7250 (518) 457-0532 Fax: (518) 457-7148 E-mail: glbelche@gw.dec.state.ny.us

A notice of availability for the document entitled The Proposed New York City Watershed Phase II Total Maximum Daily Loads/Wasteload Allocations/ Load Allocations (TMDL/WLA/LA) for Phosphorus in the New York City Water Supply Reservoir System was originally posted in the ENB on November 24 as Region 1 and 2 notices, and on December 1 as a Statewide notice. In response to a number of requests, NYSDEC has extended the close of the comment period for the proposal, from January 9, 2000 to February 18, 2000.

An additional public meeting will be held to discuss and answer questions on the Phase II TMDL process. The meeting has been scheduled to take place in White Plains, NY on February 4 at 1:00 PM at the Westchester County Center; Conference Room B; 198 Central Ave. Staff from NYCDEP, NYSDEC and USEPA will be present at these meetings.

The proposed TMDL/WLA/LA information is included in a NYSDEC document that is available at the following website: www.dec.state.ny.us/website/dow/index.html ; or by contacting the NYSDEC Bureau of Watershed Management, by phone at 518-457-8961 or mail at Room 398, 50 Wolf Rd., Albany, NY 12233-3508.

Comments will be considered in arriving at final TMDL decisions which will be submitted to USEPA-Region 2 for review and approval. Please submit comments to: Mr. Richard E. Draper, P.E., Bureau of Watershed Management, NYSDEC, 50 Wolf Rd., Albany, NY 12233-3508

The New York State Department of Environmental Conservation (DEC) has prepared a Technical and Administrative Guidance Memorandum (TAGM): Guidance Concerning Compliance with the Pesticide Reporting Law (Chapter 279, Laws of 1996).

This TAGM contains guidance on complying with requirements of the Pesticide Reporting Law (Chapter 279, Laws of 1996). This Law added a new Title 12 - "Pesticide Sales and Use Data Base and Record keeping and Reporting" to Article 33 of the Environmental Conservation Law. Title 12 became effective on January 1, 1997. Regulated entities must report pesticides sales and use information no later than February 1 for the prior calendar year.

This TAGM was published in the Environmental Notice Bulletin as a draft TAGM and comments were received until December 20, 1998.

A copy of this TAGM is available for public inspection at the Department's main office at 50 Wolf Road, Room 493, Albany, New York, and in each of the Department's nine Regional Offices.

If you would like a copy of this TAGM Concerning Compliance with the Pesticide Reporting Law, or additional information concerning this Law, please contact Margaret O'Neil, Bureau of Pesticides Management, Division of Solid & Hazardous Materials, at (518) 457-3542, FAX (518) 457-8803.

MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS

New York State Drinking Water State Revolving Fund Intended Use Plan

The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) propose to amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 9, 1999, to add a DWSRF project to the Project Readiness list:

DOH recommends that this project be added to Project Readiness list because:

1. This project was listed on the Project Readiness List during the previous Intended Use Plan (IUP) period (October 1, 1998-September 30, 1999). It did not appear on the current Project Readiness list due to a data input error.
2. The applicant had submitted the required engineer's report and a complete application.
3. This project is a leveraged loan project and there is no grant money associated with this project.
4. The addition of this project will not adversely affect any other project on the IUP Project Readiness List above the funding line.

Except for the above-noted change, there is no other change to projects listed on the Project Readiness List or to the project priority rankings.

Written statements or comments on the addition of the above DWSRF project to the Project Readiness List will be accepted by fax or mail until close of business on January 7, 2000 and should be filed with: Michael E. Burke, Director, Bureau of Public Water Supply Protection, Flanigan Square, 547 River Street, Room 400, Troy, New York 12180-2216 Fax (518) 402-7659

The revised Project Readiness List may be obtained by calling DOHs toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.