ENB - STATEWIDE NOTICES

Public Notice

Environmental Facilities Corporation
Notice of Final Description of Eligible Project Categories
Other Air Program
Heavy Duty Inspection and Maintenance Program

Note: Below is a revised version of a Notice of Final Description of Eligible Project Categories that was published in the State Register on April 5, 2000. The only revision is to increase the duration of the program and thus the number of public heavy duty inspection and maintenance station owners, other service station owners and municipality/school districts who will be eligible to receive funding under this program. Specifically, the last date that applications will be accepted is extended from December 31, 2000 until June 30, 2001.

I. Background, Scope and Applicability

The New York State Environmental Facilities Corporation (EFC) will provide $1.15 million to establish a program to provide funding to owners of public heavy duty inspection and maintenance stations, other service stations that provide emissions tests to the public, and municipalities that purchase new emissions testing equipment capable of testing emissions from diesel engines. The purchase and use of this new equipment in conjunction with New York State’s Heavy Duty Inspection and Maintenance Program (HDI&M) will reduce pollution from diesel vehicles and improve air quality and public health. Funding will be made pursuant to the HDI&M Program within the Other Air Program that was created by the Clean Water/Clean Air Bond Act of 1996.

The Other Air HDI&M Program is intended to partially reimburse owners of Eligible Businesses and municipalities that purchase new Eligible Smokemeters, that have been certified by the New York State Department of Environmental Conservation (NYSDEC), as complying with new state regulations (6 NYCRR Part 217-5). Under the Other Air HDI&M Program, EFC will provide financial assistance to Eligible Businesses located within the New York City Metropolitan Area (NYCMA) of $1,000 and to municipalities and Upstate Eligible Businesses of $2,000. The reasoning for the different levels of funding is based upon distinctions found in state law. Specifically, all heavy duty vehicles with diesel engines located in the NYCMA are or will be required to pass an emissions test prior to being registered by the New York State Department of Motor Vehicles (NYSDMV) and all NYSDMV licensed public heavy duty safety inspection stations in the NYCMA will be required to purchase certified smokemeters in order to retain their inspection business licenses. Thus, these downstate businesses will have a substantial customer base from which they can recoup a larger percentage of their investment. In contrast, municipalities and upstate businesses that purchase eligible smokemeters are not required to purchase these machines as a condition of receiving a license from NYSDMV.

The Other Air HDI&M Program applies to: (1) service stations which are located within NYCMA (i.e., Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester counties); (2) service stations located outside of the New York City Metropolitan Area; and, (3) municipalities. Funding from this program will not be available to private fleet operators who do not offer emission tests to members of the general public.

II. Purpose of this Notice

This notice describes eligibility requirements for the Other Air HDI&M Program, the amount of funding available, the time period during which EFC will accept applications for funding, and certain other eligibility criteria.

III. Definitions

Unless defined herein, terms used in this notice shall have the meanings set forth in Section 56-0101 of the environmental conservation law or 6 NYCRR Part 217-5. Terms used in this notice have the following meanings:

“Downstate Eligible Business” means a business located in the counties of Nassau, New York, Kings, Queens, Bronx, Richmond, Rockland, Suffolk or Westchester that is registered by the New York State Department of Motor Vehicles as either a light duty public emissions inspection station or a heavy duty public emissions inspection station.

“Eligible Business” means a Downstate Eligible Business or an Upstate Eligible Business.

“Eligible Smokemeter” means smoke measurement equipment designed and manufactured in accordance with specifications set forth in 6 NYCRR Part 217-5.6. Only a smokemeter certified by NYSDEC and operated in accordance with the manufacturer’s operating procedures shall be considered an eligible smokemeter for purposes of this Notice.

“Heavy duty vehicle” means a vehicle that has a Gross Vehicle Weight Rating exceeding 8,500 pounds and is designed primarily for transporting persons or properties.

“Municipality” means any County, City, Town, Village or School District.

“New York City Metropolitan Area (NYCMA)” means the Counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester.

“Upstate Eligible Business” means a business not located in the New York City Metropolitan Area, that is registered by the New York State Department of Motor Vehicles as either a light duty public safety inspection station or a heavy duty public safety inspection station.

“Useful life” means the number of years the Eligible Smokemeter is expected to remain in service.

IV. Description of Eligible Projects

Pursuant to 6 NYCRR Part 217-5, NYSDEC has compiled and maintains a list of all Eligible Smokemeters certified as being designed and manufactured to meet the requirements of this regulation. Any owner of a Downstate Eligible Business, Upstate Eligible Business or municipality that purchases a certified Eligible Smokemeter or meters may apply for funding under this program.

V. Determination of Useful Life

For the purpose of the Other Air HDI&M Program, the useful life of such Eligible Smokemeters has been deemed by EFC to be seven (7) years.

VI. Amount of Funding

EFC will make state assistance payments in the following amounts for the purchase of the Eligible Smokemeter:

For Downstate Eligible Businesses: $1,000 for each Eligible Smokemeter purchased.

For Municipalities and Upstate Eligible Businesses: $2,000 for each Eligible Smokemeter purchased.

No applicant will be eligible for more than five (5) state assistance payments.

VII. Application Schedule

EFC will accept requests for state assistance under the Other Air HDI&M Program through June 30, 2001.

VIII. Funding Schedule

Until the $1.15 million budget for the program is depleted, EFC will provide state assistance for the purchase of Eligible Smokemeters listed in this Notice, on a first-come, first-served, basis.

IX. Additional Requirements

(1) Project Limitations.
Eligible Businesses and municipalities purchasing multiple Eligible Smokemeters may submit requests for state assistance for up to five (5) such smokemeters regardless of location.

(2) Program Duration.
Subject to the availability of funds and the other eligibility criteria set forth in this notice, the owner of an Eligible Business or municipality will be eligible for state assistance if the owner has purchased an Eligible Smokemeter after August 1, 1996, and before June 30, 2001.

(3) Application Deadline
Requests for state assistance under the Other Air HDI&M will be accepted until June 30, 2001. The required application form may be obtained by contacting EFC at the address specified under Section X of this notice, or by visiting EFC’s website at www.nysefc.org.

(4) Application Procedure
The procedures for administering the Other Air HDI&M Program, including the submission, review and approval of requests for state assistance, will be guided by 21 NYCRR Part 2606.

(5) Proof of Insurance
As part of its request for state assistance, the owner of an Eligible Smokemeter that is not a municipality may be required to submit a certificate evidencing that EFC is named as a loss payee on the owner's property damage liability insurance policy.

X. Information Availability

Any person seeking additional information or application material regarding this program should contact EFC at:

New York State Environmental Facilities Corporation
Financial Assistance to Business Program
Attention: Laurie A. Allen, Program Manager
50 Wolf Road
Albany, New York 12205-2603
Telephone (800) 200-2200
Fax (518) 457-0742


General Depredation Permit for Canada Geese and Gulls

Statewide - The New York State Department of Environmental Conservation (DEC) has renewed the General Depredation Permit for Canada Geese and Gulls that was established in February 2000. The general permit authorizes certain actions to alleviate property damage and other conflicts associated with these species, in lieu of issuing individual permits on a case-by-case basis. The general permit authorizes any person to take Canada geese, ring-billed gulls, herring gulls, or great black-backed gulls in accordance with a valid federal migratory bird depredation permit, federal depredation order or other federal regulation permitting the taking of those species, subject to certain conditions and limitations (see text of permit below).

Establishment of this general permit allows more timely action by property owners to alleviate conflicts associated with geese and gulls and eliminates an administrative burden for the agency and the public. The federal regulatory process ensures adequate protection of migratory bird populations and makes State review and issuance of individual permits an administrative activity in most cases. Establishment of this permit will not have any effect on the methods available to the public for dealing with conflicts associated with geese and gulls. We anticipate annual renewal of this general permit, with revisions as needed.

The draft text of this permit was published in the January 5, 2000 Environmental Notice Bulletin, and public comment was invited. No comments were received and the text of the final permit was unchanged from the draft. This renewal of the permit, through December 31, 2001, is also unchanged from the original, except for the effective dates. Any questions regarding the general permit should be sent to: Bryan Swift, New York State Department of Environmental Conservation, Wildlife Resources Center, 108 Game Farm Road, Delmar, NY 12054; fax (518) 478-3004; e-mail: blswift@gw.dec.state.ny.us

Following is the final text of the general permit:
GENERAL DEPREDATION PERMIT FOR CANADA GEESE AND GULLS
(Effective January 1 - December 31, 2001)

Section 11-0521 of the Environmental Conservation Law (ECL) authorizes the New York State Department of Environmental Conservation (DEC) to "... issue a permit to any person, to take any wildlife at anytime whenever it becomes a nuisance, destructive to public or private property or a threat to public health or welfare...". In the case of migratory birds, the U.S. Fish and Wildlife Service must also issue a permit before any person can take species protected by federal law. The federal permit process, with DEC input, provides adequate protection of the resource and makes review and issuance of individual State permits unnecessary in most cases.

DEC hereby authorizes any person to take Canada geese or gulls in accordance with a valid federal migratory bird depredation permit, federal depredation order or other federal regulation permitting the taking of migratory birds in accordance with Title 50, Code of Federal Regulations, Part 21, Subpart D (50 CFR 21D: Control of Depredating Birds), subject to the following conditions:

A. Activities carried out under this general permit must be done in accordance with all terms and conditions specified in the federal permit, depredation order or other regulation in 50 CFR 21D.

B. Only the following species may be taken pursuant to this general permit: Canada goose (Branta canadensis), ring-billed gull (Larus delawarensis), herring gull (L. argentatus), and great black-backed gull (L. marinus), within limits specified below. In this permit, the term "gulls" refers only to these three species.

C. Scaring/herding: Any person may scare or herd Canada geese or gulls by any means, including pyrotechnics and dogs, as long as Canada geese or gulls are not physically harmed.

D. Nests and eggs: Any person may take any number of nests or eggs of Canada geese found in any place, and any number of nests or eggs of gulls found on rooftops or other man-made structures or along public walkways, in accordance with a valid federal permit, depredation order or other regulation under 50 CFR 21D. Nests or eggs of these species may be disturbed, destroyed, or treated to prevent hatching. This general permit also satisfies the permit requirements of ECL 11-0505(5).

E. Shooting and euthanasia: No more than the following numbers of birds may be taken by shooting, live-trapping and euthanasia, or hand capture and euthanasia, from any single property or location:
Canada geese - no more than 2/day and no more than 20 in any calendar year; and
Gulls - no more than 15/day of each species (45 in all) and no more than 250 ring-billed gulls, 250 herring gulls, or 50 great black-backed gulls in any calendar year; taking of gulls permitted at landfills only.

F. Relocation: No Canada geese or gulls may be relocated (live-trapped and released at a different location) under this general permit.

G. Activities carried out under this general permit must be done in accordance with all applicable local laws and regulations.

H. Activities not covered by this general permit may be allowed pursuant to an individual permit from DEC, after the corresponding federal permit or authorization is obtained. For information about federal migratory bird depredation permits, contact: Permit Office, U.S. Fish and Wildlife Service, P.O. Box 779, Hadley, MA 01035-0779, phone (413) 253-8643, fax (413) 253-8424.


The New York State Department of Environmental Conservation (DEC) has revised Technical and Administrative Guidance Memorandum (TAGM) DSHM 99-10: Guidance Concerning Compliance with the Pesticide Reporting Law (Chapter 279, Laws of 1996).

This revised 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 Recordkeeping 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.

TAGM DSHM 99-10 was published in the Environmental Notice Bulletin and became effective January 20, 1999. Written comments on the revised TAGM will be accepted for 30 days from the date of publication of this notice.

A copy of this revised 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 revised 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.