ENB - STATEWIDE NOTICES

Notice of Adoption

Pursuant to the provisions of the State Administrative Procedure Act (SAPA), the Department of Environmental Conservation hereby gives notice of the Amendment of Title 6 of NYCRR Section 1.22 entitled "muzzle loading firearm big game season." Purpose of the rule is to amend regulations providing for a distinct season for muzzle loader hunting of deer. Proposed changes to this regulation remove specific references to dates for the Northern Zone muzzle loading season. Instead, the first split of the season will be the seven days immediately preceding the Northern Zone regular big game season; the second split will be the seven days immediately following the regular season. This change will eliminate the need to revise this regulation every year in order to adjust dates.

In addition, this rulemaking clarifies which sights may be used on a muzzle loading firearm while hunting deer during the muzzle loading deer season by adding prohibitions on the use of sights which contain lenses and battery-powered sights.

Contact: Robert M. Sanford, Bureau of Wildlife, NYS Dept. of Environ. Cons., Wildlife Resources Center, 108 Game Farm Road, Delmar, NY 12054, phone:(518) 478-3027


PUBLIC NOTICE

New York State Department of Environmental Conservation

Preliminary Draft Regulations and the associated Draft Regulatory Impact Statements regarding commercial and residential lawn application of pesticides are available for public review and comment through October 13, 2000.

The Neighbor Notification Law, Chapter 285 of the Laws of 2000, was signed by Governor Pataki on August 21, 2000. The Neighbor Notification Law amends Title 10 of Article 33 of the Environmental Conservation Law (adopted by Chapter 559 of the Laws of 1987) relating to the commercial and residential lawn application of pesticides. The existing provisions of Title 10 require that prior to any commercial lawn application, the applicator must enter into a written contract with the owner (or owner's agent) of the property to which the application is to be made, and require the posting of specified visual notification markers. These provisions apply to all commercial lawn applications throughout the state. The Neighbor Notification Law added to Title 10 a mechanism to allow counties, and New York City, to pass a local law to "opt into" a set of requirements including posting of visual notification markers by homeowners for residential lawn application, posting of informational signs at retail establishments selling general use lawn care pesticides and, for certain commercial lawn applications, procedures for advance notification to occupants of dwellings, multiple dwellings and other structures on abutting property.

The Neighbor Notification Law contains a provision which exempts associated regulations from review and approval by the Environmental Board, providing certain time schedules are met. Regulations associated with the existing provisions of Title 10 are not exempt and require review and approval by the Environmental Board. Consequently, we have split both the preliminary draft regulations and the Draft Regulatory Impact Statement into two separate pieces:

Implementation of the Neighbor Notification Law of 2000

Implementation of the Commercial Lawn Care provisions in Chapter 559 of the Laws of 1987

The Draft Regulatory Impact Statements contain a detailed overview of the proposed regulatory changes. The Draft Regulatory Impact Statements also include a section on costs in which we describe the basis for our cost estimate. We would appreciate any more specific estimates you can provide so that the cost estimates in the Regulatory Impact Statements are as accurate as possible.

The new sections of Part 325 will apply to pesticide applicators conducting commercial lawn applications, persons conducting residential lawn applications, and placement of signs at retail sellers of general use lawn pesticides. We request your constructive comment on the preliminary draft regulations. If you suggest changes in language, we will be better able to assess your suggestions if you also explain the underlying reasons for your suggestions.

Copies of the documents described above may be found on the Department's web site at: http://www.dec.state.ny.us


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control

Final FFY 2001 Intended Use Plan (IUP)

The New York State Environmental Facilities Corporation (EFC) and the Department of Environmental Conservation (DEC) have prepared the final Federal Fiscal Year (FFY) 2001 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF). The IUP includes a list of projects that could receive low interest loans between October 1, 2000 and September 30, 2001.

New projects will be added to the IUP Annual and Multi-Year Project Priority Lists as they are identified by municipalities interested in CWSRF financing. Notification of additions to the Project Priority Lists will be made through quarterly updates to the final IUP published in the Environmental Notice Bulletin (ENB).

Copies of the final 2001 CWSRF IUP have been mailed to certain municipal officials, advisors, consulting firms and other interested parties. Copies are also available at New York State Documents Depository Libraries. The CWSRF IUP is also available on the EFC "web page" at www.nysefc.org/clean water/2001 IUP - final IUP.

For a copy of the final FFY 2001 CWSRF IUP, assistance with the IUP listing process, or for information on the CWSRF program, please contact:

Mr. David Morseman
Program Services Representative III
Division of Program Management
New York State Environmental Facilities Corporation
50 Wolf Road, Room 502
Albany, NY 12205-2603
Tel. 1-800-882-9721 Ext. #4 (within NYS only) or (518) 457-3833
Fax: (518) 485-8494

Information on the Clean Water SRF and other EFC programs can be viewed on the World Wide Web at: http://www.nysefc.org


Public Comment Deadline is October 2, 2000 for Comparative Risk Project Draft Work Group Reports

Project Description:

The Comparative Risk Project seeks to identify those environmental problems that pose the highest risks to the citizens and the environment of New York State in order to develop a pollution prevention strategy aimed at reducing risk through various pollution prevention management options. The Project will base decisions, as much as possible, on available scientific information and current technology, will seek to reflect public opinions and values, and will strive to achieve consensus from a broad range of viewpoints.

The comparison of environmental problems in this Project is based on risks associated with substances that are released into the environment. These substances can be chemicals or particles that may be released into the air, water, or land. Fourteen groups of these substances, called stressors, have been developed. The stressor groupings are based on similarities in their physical or chemical characteristics.

For this Project, risk is being evaluated in three main areas: risk to human health, risk to ecosystems, and risk to quality of life. These evaluations use available scientific data, professional judgement, and group consensus decision-making to characterize and compare each stressor group. Draft reports for each of these areas are now available for public review and comment. After reviewing the final work group reports and the public comments that are received, the Steering Committee will integrate the work group findings into an overall risk characterization for each stressor group.

A pollution prevention strategy will then be developed that builds upon these risk characterizations. This strategy may incorporate a wide variety of possible pollution prevention methods, policies, and programs, each of which will be evaluated for cost-effectiveness, practicality, and equity. The potential of the method to reduce risk and the ability of the DEC to apply the method will be important considerations.

Additional details about the Comparative Risk Project, including copies of the Project ground rules and other documents, can be obtained through the Project website at http://www.dec.state.ny.us/website/ppu/p2crp.html.

Available Reports:

Three draft work group reports, prepared by the Human Health, Ecosystems, and Quality of Life Work Groups, are available for public review and comment. The Steering Committee has prepared a report summarizing the Project and their findings, and providing the viewpoints of several committee members.

All reports can be obtained through the Project's website at http://www.dec.state.ny.us/website/ppu/p2crp.html. They can also be obtained through the address, phone, fax, and email address provided in the next section. A questionnaire is being developed that will guide and assist the public in preparing meaningful comments. The questionnaire will be available soon on the Project website.

Public Comment Period Information:

A public comment period will take place through October 2, 2000. During this time, written comments on the draft work group reports will be accepted by the following means:

Through the mail at the following address:
Comparative Risk Project
New York State Department of Environmental Conservation
Pollution Prevention Unit
50 Wolf Road
Albany, NY 12233-8010
By fax at (518) 457-2570

Through e-mail at comprisk@gw.dec.state.ny.us

Formal public comments will not be taken by phone, but those with questions about the Project may call 518-457-2553.

Please send comments in by October 2, 2000. The work group reports will be revised and finalized shortly after review of the public comments received, and the Steering Committee will prepare a risk characterization report for the Project this fall. Although no formal written response to individual public comments will be prepared, each comment that is received will be considered by the appropriate work group or Steering Committee and will be reflected in changes to the reports which will be posted on the Project's Internet site. Comments that discuss pollution prevention strategies that will reduce the risks posed by the stressor groups studied in this Project will be provided to the Risk Reduction Strategies Work Group for their consideration.