Statewide - The State Energy Planning Board, as lead agency, has determined that the proposed 2002 State Energy Plan, may have a significant adverse impact on the environmental and a Draft Environmental Impact Statement must be prepared. The action involves preparation and issuance of a State Energy Plan, as required by the New York State Omnibus Energy Planning Law of 1992. The Plan will address important energy issues, as well as assessments and forecasts of energy demand and supply related to energy production and use in New York State. Preparation of a State Energy Plan is a policymaking action subject to SEQRA. The Plan itself will have no significant adverse environmental impacts. Implementation of the Plan may affect environmental quality and natural resources. An EIS will be prepared to analyze the potential impacts of implementation of the Plan including a discussion of the relationship between energy use and environmental quality. In particular, the Plan will discuss current air quality trends, acid rain, actions to improve air quality, and non-air quality environmental impacts associated with energy generation and distribution.

Contact: Paul DeCotis, NYS Energy Research and Development Authority, Corporate Plaza West, 286 Washington Avenue Extension, Albany, NY 12203-6399, (518) 862-1090, ext. 3321; Fax (518) 862-1091

NOTICE OF AVAILABILITY FOR COMMENT:

Program Policy DER-x, Management of Coal Tar Waste and Coal Tar Contaminated Soils and Sediments From Former Manufactured Gas Plant Sites

DESCRIPTION: The New York State Department of Environmental Conservation (NYSDEC) is making available for public comment a draft Enforcement Directive entitled Management of Coal Tar Waste and Coal Tar Contaminated Soils and Sediment From Former Manufactured Gas Plants Sites ("MGP"s). This Enforcement Directive outlines the criteria wherein coal tar waste and soils and sediment that have been contaminated with coal tar waste from former manufactured gas plants (MGPs) only exhibiting the toxicity characteristic for benzene (D018) may be conditionally excluded from the requirements of 6 NYCRR Parts 370 -374 and 376 when they are destined for permanent thermal treatment. These materials will remain subject to the applicable Solid Waste Regulations, 6 NYCRR Parts 360 and 364.

CONTACT PERSON: To obtain the full-text of this policy document and to submit comments, please contact:

COMMENT PERIOD: Comments on this action will be accepted for 30 days following publication in the ENB. The last day for receipt of comments will be 05/04/01. At the end of this comment period, all comments will be considered and the document will be revised accordingly. A final policy document will be prepared and notice will appear in the ENB.

Notice of Request for Proposals for Well Log Repository

The Department seeks a repository for duplicate oil, gas, brine and exploratory well logs currently filed in the Albany office of the Division of Mineral Resources. The logs provide subsurface geophysical information for about 9800 wells in Regions 6 through 9 regulated by the Department under Article 23 of the Environmental Conservation Law, and are public records. A repository outside the Department is sought for these duplicate copies of records on file in other Department offices because storage space is no longer available. A repository will be selected based upon evaluation of responses to the following criteria.

1. The proposal must explain how the logs will be made available, on an equitable, non-profit basis to all potential users, including industry, academics, government agencies, environmental organizations and the general public.
2. The proposal must describe how the logs will be protected from theft, damage and loss.
3. Geographic location of the well logs must be in New York State, and the proposal must demonstrate convenience of the location to expected users.

4. The proposal must acknowledge that the logs remain the property of New York State, and the logs will not be destroyed or custody will not under any circumstances be transferred to another entity without approval of the Director of the Division of Mineral Resources.
5. The proposal must acknowledge that the selected repository will be responsible for any and all costs related to storage and maintenance of the logs, and that the Department will bear no liability for any such costs.
6. The proposal must state that representatives of the selected repository will physically remove the logs from the Department’s office at 50 Wolf Road absolutely no later than May 4, 2001. Removal of the logs will be the sole responsibility of the selected custodian, and the Department will bear no liability for any costs associated with packing, shipping or transporting the logs.

The Department is considering one proposal already received from the Independent Oil and Gas Association of New York, but seeks additional proposals for evaluation. The deadline for proposals to be received is April 16, 2001. To submit a proposal or to request a list of wells for which logs are available, contact:

Public Notice of Adoption - Technical Guidance Memorandum

The New York State Department of Environmental Conservation ("NYSDEC") Division of Mineral Resources hereby notices final adoption of Technical Guidance Memorandum ("TGM") No. MN 01-1, entitled "Revised Records Management Procedures for Well Logs and Plugged Well Files." The primary purpose of TGM No. MN 01-1 is to establish technical guidance and documentation for procedures implemented to transfer custody of certain existing and future records for wells regulated under the Oil, Gas and Solution Mining Law (Article 23 of the Environmental Conservation Law ("ECL")) from the Albany office of the Division of Mineral Resources to the New York State Museum's Center for Stratigraphy and Paleontology ("CSP"). The effective date of TGM MN 01-1 coincides with this publication date. The final TGM is shown in its entirety below.

Contact: Ms. Kathleen Sanford, Chief, Permits Section, Division of Mineral Resources, NYSDEC, 50 Wolf Road, Albany, NY 12233-6500, or by e-mail to kfsanfor@gw.dec.state.ny.us

Revised Records Management Procedures for Well Logs and Plugged Well Files

I. Purpose

The purpose of this memorandum is to establish technical guidance and documentation for procedures implemented to transfer custody of certain existing and future records for wells regulated under the Oil, Gas and Solution Mining Law (Article 23 of the Environmental Conservation Law ("ECL")) from the Albany office of the Division of Mineral Resources to the New York State Museum's Center for Stratigraphy and Paleontology ("CSP"). These procedures, which involve both releasable and confidential records for existing and future wells, are necessary because of the reduced file space available in new Department headquarters to be located at 625 Broadway in Albany.

II. Background

ECL Article 23 and 6 NYCRR Parts 550 - 559 require that certain records for regulated wells be submitted to the Department. These include permit applications, plats, completion reports, notices of intention to plug, plugging reports and well logs. Well files may also contain inspection reports and other well-specific data compiled by Division staff. Within the Division of Mineral Resources, well files and logs for wells located in the Department's Region 9 are maintained in the Department’s Allegany Regional Sub-Office. Records for wells located in Regions 6 - 8 are maintained in the Department’s Avon Regional Office. Duplicate copies of the Region 6 - 9 well records have historically been maintained in the Central Office, along with records for wells in Regions 1 - 5. Pursuant to ECL §23-0305(8)(i) and §23-0305(14)(i), duplicate copies of records and reports for wells statewide are furnished by the Division to the CSP for the state geologist. ECL §23-0313 governs the releasabililty of these records. Previous technical guidance pertinent to handling well records includes TGM 87-1 and TGM 90-3.

Central Office well files are inventoried in the "files" table in the Division’s oil and gas database. On December 21, 2000, the database indicated that the Central Office possessed files on approximately 29,000 wells and logs for about 10,000 wells. Well files, not including logs, are typically less than one inch thick. Any given well may be represented by from one to a dozen separate logs, requiring as much as a foot of storage space per well. Because of their bulk, releasable logs are filed in separate cabinets from the well files.

Recently, the most frequent use of well files and logs stored in the Central Office has been to respond to Freedom of Information Law ("FOIL") requests that range in scope from single-well information requests to requests for all records for all wells in a multi-county area. These requests occur in the form of office visits, e-mail messages, phone calls and letters. In addition, technical staff periodically reference the records – specifically completion or plugging reports and well logs – for project reviews in program areas such as underground gas storage permitting and well spacing. Information in files is also useful for various other program areas, such as enforcement support, complaint response and technical assistance.

The pending move of Department headquarters from 50 Wolf Road to 625 Broadway results in significantly reduced records storage space. As part of its Records Management Initiative, the Division of Mineral Resources determined that it was not feasible to move the complete set of well logs to either 625 Broadway or to the Records Center. In addition, suggestions were advanced for reducing the space required for well files. The Division involved the CSP in the discussions, and the CSP agreed to take custody of the following Central Office records where required to complete its existing collections:

• Logs for wells in Regions 6 - 9.
• Files for wells plugged longer than 3 years in Regions 6 - 9.

The agreements reached between the Division and the CSP regarding transfer of these records and access to them are memorialized in the attached letters exchanged between Kathleen Sanford and Richard Nyahay on September 29 and December 5, 2000.

By December 21, 2000, the Division had transferred all Central Office logs for 585 wells to the CSP. These wells are denoted by an "M" in the "logs" field of the "files" database table. In addition to the agreements stated in the attached correspondence, the CSP has also agreed to return Division logs to the Avon office that the Regional Minerals Manager identifies are needed to fill gaps in the files maintained by that office. Finally with respect to logs, the CSP is presently reviewing its log sets for deep wells in Region s 6 - 9, and the Division has agreed to provide specific logs from the Central Office collection, if available, that the CSP identifies are needed to complete its sets.

Regarding plugged well records, once needed files have been provided to the Department’s Allegany and Avon offices, the remaining files described by item 2 will be transferred to the CSP.

III. Guidance

1. Effective immediately, the number of copies of logs that well owners for wells in Regions 6 - 9 are required to submit pursuant to 6 NYCRR 554.7(b) is reduced to two. Regional office staff will no longer send copies of logs for wells in Regions 6 - 9 to the Central Office.

2. For wells in Regions 6 - 9, regional office staff will continue to send copies of permit applications, permits, plats, completion reports, notices of intent to plug, and plugging reports to the Central Office.

3. Effective immediately, the number of copies of logs and completion reports that well owners for wells in Regions 1 - 5 must submit to the Central Office pursuant to 6 NYCRR 554.7(a) & (b) is reduced to two. The Central Office will continue to maintain well files and logs for wells in Regions 1 - 5.

4. All well logs submitted to the Department pursuant to 6 NYCRR 554.7(b) are subject to the procedures for public access set forth in ECL §23-0313(d). Division staff will continue to follow the procedures outlined in Section II of TGM 90-3 for tracking confidential status of logs and completion reports and for transmitting copies of those records to the CSP in the New York State Museum. Specifically, completion reports and logs will be transmitted to the CSP at the end of the initial six-month confidentiality period, regardless of whether extended confidential status has been requested and/or granted. Confidential records will be labeled as such when transmitted, with the release date clearly indicated.

5. Well logs submitted to the Department that are not submitted pursuant to 6 NYCRR 554.7(b) but are instead provided for a specific project review (e.g., underground storage application, well spacing) may, depending on the nature and purpose of the logs, be subject to confidential status beyond that set forth in ECL §23-0313(1)(d) in accordance with the trade secret provisions of §87-2 of the Public Officer’s Law ("POL") and 6 NYCRR 616.7. These logs will be maintained in the appropriate project files, with copies provided to the CSP upon request on a case-specific basis. Trade secret status of any such logs transmitted to the CSP will be clearly indicated.

6. Division staff will copy the CSP on all correspondence affecting the confidential or trade-secret status of any well logs and other trade secret materials sent to the CSP by the Division or by others at the Division’s direction.

7. The Central Office will transfer files for wells in Regions 6 - 9 that have been plugged longer than three years to the CSP on an ongoing basis. With respect to such wells, Regional Staff will provide copies of records via mail or fax to Central Office staff upon request when needed for specific projects.

8. Central Office staff will continue to respond to FOIL requests for logs and well files as long as they remain in possession. For logs and files no longer located in the Central Office, Albany staff’s response to any FOIL request will be limited to referring the requestor to the CSP and to the appropriate region.

9. In addition to public notice of this guidance, the Division will update pages posted on its website to reflect that well logs and certain files are no longer available for public inspection in the Division’s Albany office, but are available at the CSP and the appropriate Regional Office.

10. Once the CSP’s needs with respect to logs are fulfilled, the Division will select a repository for the remainder of logs for wells in Regions 6 through 9 presently on file in the Central Office. Selection will be based upon responses to a forthcoming Request for Proposals to be published in the Department’s Environmental Notice Bulletin.

IV. Responsibility

Division staff in both the Regional and Central Offices continue to be responsible for maintaining confidential status and ensuring security of those logs and files in their possession that are withheld from public disclosure pursuant to ECL §23-0313(1)(d), POL §87-2 of the Public Officer’s Law, and 6 NYCRR 616.7, and for clearly labeling such logs and files as confidential upon transmittal between offices and to the CSP.

Division staff in both the Regional and Central Offices continue to be responsible for responding appropriately and in accordance with applicable statutes and regulations to FOIL requests for logs and files that are in their possession.

Division staff in both the Regional and Central Offices are responsible for copying the CSP on all correspondence affecting the confidential or trade-secret status of any well logs and other trade secret materials sent to the CSP by the Division or by others at the Division’s direction.

Regional staff will continue to receive paperwork and logs from well owners in their respective jurisdictions, and will distribute them to the Central Office and/or the CSP as described above.

Division staff in Albany will carry out the following tasks:

• Continue to receive paperwork and logs for wells in Regions 1 -5 and oversee Office Management Section staff in maintaining files for those wells in the Central Office as well as transmitting copies to the CSP. (The Office Management Section will continue current procedures for receiving and maintaining files on wells in Regions 6 - 9.)

• Continue to supervise and document transfer of logs and plugged well files to the Regional Offices and the CSP.

• Develop procedures for ongoing transmittal of plugged well files to the CSP as described by item H above, and oversee Office Management Section staff in implementing those procedures. Program Management Section Staff will assist as needed with development of a periodic database query to identify records for transfer.

• Identify pages on the Department’s website which need to be revised as described by item J above.

• Construct and distribute the Request for Proposals cited by item K above, evaluate the responses, and recommend a repository to Division management.

• Plan and carry out public notice and distribution of this guidance.

Availability for Comment

The New York State Department of Environmental Conservation (NYSDEC) is providing the Environmental Benefit Permit Strategy (EBPS) priority rankings listed below in conformance with section 17-0817(6.) of the Environmental Conservation Law. The lists are based on a ranking system that prioritizes permits for full technical review and , when necessary, modification. The full technical review is conducted in one of nine regional offices or the central office, depending on the location of the discharge and whether the permit has been assigned to the central office based on USEPA designation as a major discharge or state designation as a centralized significant industrial permit.

The EBPS priority ranking system should not be confused with the SPDES permit renewal process. Permits are renewed prior to expiration by a separate administrative procedure that makes no provisions for technical modifications.

The lists below reflect the top ten percent of the priority list for each office. The ranking scores are updated on a continuous basis due to the discovery of new information and the issuance of modifications that eliminate the factors which go into each score. Each list represents a workload objective during this fiscal year.

A handout describing the EBPS process and Fact Sheets for individual permits (provide detailed information for the ranking score of each individual permit) are available by contacting William P. Mirabile at (518) 457-1291, by e-mail at wpmirabi@gw.dec.state.ny.us, or at the address listed below.

Any interested party may provide, at any time, substantive comments requesting a change in a permit's rank based on the grounds that newly discovered material information exists; that a material change in environmental conditions has occurred; or that relevant technology or applicable law or regulations have changed since the issuance of the existing permit. All such requests shall be in writing and contain facts or reasons supporting the request. Comments must be sent to Warren Lavery, P.E., Director, Bureau of Water Permits, NYSDEC, 50 Wolf Road, Albany, NY 12233-3505.

SCORE SPDES.#,     R PERMITTEE NAME,     FACILITY NAME                            SCORE SPDES.#,   R PERMITTEE NAME,   FACILITY NAME

405 000 8109 2 PORT AUTH OF NY & NJ JOHN F KENNEDY INTERNATIO 345 000 0558 9 DELPHI AUTOMOTIVE SYSTEMS DELPHI AUTOMOTIVE SYSTEMS 317 002 2136 9 ERIE COUNTY SD#6 ERIE CO. S.D.#6 (LACKAWAN 307 000 2143 7 ALCAN ALUMINUM CORP ALCAN SHEET & PLATE DIV. 260 000 5517 2 NASSAU METALS CORP NASSAU METALS CORP 241 000 0132 6 REYNOLDS METALS CO ST LAWRENCE REDUCTION PLA 224 002 9114 7 OSWEGO (C) OSWEGO (C) EAST SIDE SEWA 208 002 9106 7 OSWEGO (C) OSWEGO (C) WEST SIDE SEWA 207 000 1635 9 OLIN CORP OLIN CORP.NIAGARA FALLS P 207 002 6620 1 GLEN COVE (C) GLEN COVE SEWAGE TREATMEN 195 002 9807 7 CANASTOTA (V) CANASTOTA (V) WATER POLLU 180 002 6280 9 NORTH TONAWANDA (C) NORTH TONAWANDA (C) WASTE 175 003 1046 4 COHOES (C) COHOES (C) COMBINED SEWER 169 002 6131 2 NYC DEP - BUR OF WASTEWAT NYC DEP WARD ISLAND WATER 169 002 9050 5 GLENS FALLS (C) GLENS FALLS (C) SEWAGE DI 168 002 6336 9 NIAGARA FALLS (C) NIAGARA FALLS (C) WASTEWA 167 002 7073 2 NYC DEP - BUR OF WASTEWAT NYC DEP RED HOOK WATER PO 165 000 4472 3 ENTERGY NUCLEAR INDIAN PO INDIAN POINT STATION #1 2 165 000 6262 3 DYNEGY NORTHEAST GENERATI DANSKAMMER POINT GENERATI 165 000 8010 3 SOUTHERN ENERGY INC BOWLINE POINT GENERATING 165 000 8231 3 DYNEGY NORTHEAST GENERATI ROSETON GENERATING STATIO 165 002 6018 5 PLATTSBURGH (C) PLATTSBURGH (C) WATER POL

165 002 6182 2 NYC DEP - BUR OF WASTEWAT NYC DEP CONEY ISLAND WATE 165 002 6204 2 NYC DEP - BUR OF WASTEWAT NYC DEP NEWTOWN CREEK WAT 164 002 6158 2 NYC DEP - BUR OF WASTEWAT NYC DEP BOWERY BAY WATER 164 002 6212 2 NYC DEP - BUR OF WASTEWAT NYC DEP 26TH WARD WATER P 163 000 8133 2 PORT AUTH OF NY & NJ LAGUARDIA AIRPORT 162 000 6670 3 NEPERA INC. NEPERA INC. 162 002 6191 2 NYC DEP - BUR OF WASTEWAT NYC DEP HUNT'S POINT WATE 162 002 6239 2 NYC DEP - BUR OF WASTEWAT NYC DEP TALLMAN ISLAND WA 160 002 6107 2 NYC DEP - BUR OF WASTEWAT NYC DEP PORT RICHMOND WAT 160 002 6115 2 NYC DEP - BUR OF WASTEWAT NYC DEP JAMAICA WATER POL 160 002 6166 2 NYC DEP - BUR OF WASTEWAT NYC DEP OWLS HEAD WATER P 160 002 6174 2 NYC DEP - BUR OF WASTEWAT NYC DEP OAKWOOD BEACH WAT 160 002 6221 2 NYC DEP - BUR OF WASTEWAT NYC DEP ROCKAWAY WASTEWAT 160 002 6247 2 NYC DEP - BUR OF WASTEWAT NYC DEP NORTH RIVER WATER 154 002 5151 6 CARTHAGE/WEST CARTHAGE (V CARTHAGE-WEST CARTHAGE WT 150 000 0167 8 AKZO NOBEL SALT INC. AKZO NOBEL SALT INC. 150 000 5959 4 PSEG POWER NEW YORK ALBANY STEAM STATION 145 000 5118 2 ORION C/O C O S I ASTORIA ASTORIA STATION 145 000 5711 3 SOUTHERN ENERGY INC LOVETT GENERATING STATION 145 000 7340 2 NEW YORK POWER AUTHORITY CHARLES POLETTI POWER PRO 145 002 5747 4 ALBANY WATER BOARD C/O DE ALBANY (C) COMBINED SEWER 145 003 0899 4 WATERVLIET (C) WATERVLIET (C) COMBINED S

139 000 5525 5 FINCH,PRUYN AND COMPANY,I FINCH,PRUYN AND COMPANY,I 136 000 0540 6 GENERAL MOTORS POWERTRAIN GENERAL MOTORS POWERTRAIN 136 000 1163 7 CARRIER CORP. THOMPSON ROAD SITE 135 000 3395 9 VALEO ENGINE COOLING INC VALEO ENGINE COOLING - TR 130 000 0418 9 MORTON SALT DIV. MORTON I MORTON SALT DIV OF MORTON 126 002 0117 6 GOUVERNEUR (V) GOUVERNEUR (V) SEWAGE COL 125 000 0906 9 SGL CARBON CORP. SGL CARBON CORP. 125 012 1894 6 LOCKHEED MARTIN CORP, ESH FRENCH ROAD FACILITY 123 000 4138 7 PROCTER & GAMBLE PHARMACE NORTH NORWICH FACILITY 122 002 0621 9 WELLSVILLE (V) WELLSVILLE (V) WASTEWATER 120 002 6999 1 GREAT NECK POLLUTION CONT GREAT NECK POLLUTION CONT 119 002 0290 4 AMSTERDAM (C) AMSTERDAM (C) WWTP 117 000 1848 6 LYONS FALLS PULP & PAPER LYONS FALLS PULP & PAPER 115 000 1929 7 STAUFFER MANAGEMENT CO STAUFFER MANAGEMENT CO -S 115 000 5932 1 KEYSPAN ENERGY KEYSPAN ENERGY PORT JEFFE 115 002 9262 7 OWEGO (V) OWEGO (V) SEWAGE TREATMEN 115 010 0145 4 ALBANY (C) WATER BOARD FEURA BUSH WATER TREATMEN 112 002 5836 7 YAD ASSOCIATES INC BUCKEYE TANK TERMINALS L.

111 019 1973 4 STIEFEL LABORATORIES INC. STIEFEL LABORATORIES INC. 110 000 0825 7 CRUCIBLE SPECIALTY METALS SPECIALTY METALS DIV 110 002 2039 4 HUDSON (C) HUDSON (C) SEWAGE TREATME 110 002 5984 6 WATERTOWN (C) WATERTOWN (C) WPCP 110 002 6026 4 RENSSELAER (C) RENSSELAER (C) COMBINED S 110 002 7057 9 LOCKPORT (C) LOCKPORT (C) WASTEWATER T 110 002 7961 9 DUNKIRK (C) DUNKIRK (C) WASTEWATER TR 109 002 6689 3 WESTCHESTER COUNTY DEPT O YONKERS JOINT MUNICIPAL S 100 000 2186 7 OSWEGO HARBOR POWER C/O H OSWEGO HARBOR POWER 100 000 5924 2 LONG ISLAND LIGHTING CO FAR ROCKAWAY POWER STATIO 100 002 2187 5 LAKE PLACID (V) LAKE PLACID (V) SEWAGE TR 100 002 2403 6 LITTLE FALLS (C) BOARD OF LITTLE FALLS (C) WATER PO 100 003 3031 4 GREEN ISLAND (V) GREEN ISLAND (V) COMBINED 100 009 9309 4 TROY (C)-DEPT. OF PUBLIC TROY (C) COMBINED SEWER O 99 002 9831 6 OGDENSBURG (C) OGDENSBURG (C) WASTEWATER 96 002 6255 3 POUGHKEEPSIE (C) POUGHKEEPSIE (C) WPCP 96 010 7697 7 LCP CHEMICALS - NEW YORK LCP CHEMICALS - N.Y.

SCORE SPDES #        R PERMITTEE NAME       FACILITY NAME                        SCORE SPDES.#     R PERMITTEE NAME    FACILITY NAME

60 002 5194 3 NEWBURGH (T) NEWBURGH (T) WINTERGREEN 60 002 6085 3 LA GRANGE (T) LA GRANGE (T) NOXON KNOLL 60 003 1216 3 TUXEDO PARK (V) TUXEDO PARK (V) VILLAGE S 60 003 1224 3 TUXEDO (T) TUXEDO (T) HAMLET WASTEWA 60 003 3774 3 KINGSTON OIL SUPPLY CORP. BALLARD TERMINAL 60 003 4002 3 ELLENVILLE (V) ELLENVILLE (V) SEWAGE TRE 60 009 5940 3 KINGSTON OIL SUPPLY CORP. KOSCO-PHALEN & CAHILL TER 60 010 5571 3 YONKERS (C) DPW VEHICLE MAINTENANCE FACIL

60 011 0281 3 RHINEBECK (V) RHINEBECK (V) WASTEWATER 60 011 0574 3 DELAWARE (T) DELAWARE (T) CALLICOON S. 60 014 5505 3 FREMONT-ROCKLAND SEWAGE C TENNANAH LAKE TOWNHOUSE & 60 014 5556 3 TOWN OF SAUGERTIES MALDEN SAUGERTIES (T) MALDEN ON 60 014 5599 3 NEWBURGH (T) NEWBURGH (T) NOB HILL SEW 60 021 4507 3 THOMPSON (T) THOMPSON (T) DILLON FARMS 60 021 4876 3 MOTIVA ENTERPRISES LLC TEXACO SERVICE STATION-BR