Completed Applications Consolidated SPDES Renewals
Hearing Notice

6 NYCRR Part 638, Green Building Tax Credit

Notice is hereby given that the New York State Department of Environmental Conservation (Department), pursuant to Part II of Chapter 63 of the Laws of 2000, will hold a PUBLIC HEARING on 6 NYCRR Part 638, Green Building Tax Credit. The Green Building Tax Credit provides for tax credits to building owners and tenants of eligible buildings and tenant spaces that meet certain "green" standards. These standards, among other things, increase energy efficiency, improve indoor air quality, and reduce the environmental impacts of large commercial and residential buildings in New York State.

Legislative public hearings will be held at the following locations and times:

Tuesday, October 9, 2001, 1 p.m., EPA, 290 Broadway, 27th floor, Conference Room A, New York, New York (use entrance at corner of Duane & Broadway)

Wednesday, October 10, 2001, 1 p.m., NYS Dept. of Agriculture and Markets- Hearing / Training Rooms, 1st floor, 1 Winners Circle, Albany NY 12235

The public hearings are scheduled in places that are reasonably accessible to persons with impaired mobility. At the hearings, the Department will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by September 28, 2001 to Arlene Schmidt, NYSDEC, 625 Broadway, 2nd floor, Albany NY 12233-3250, (518) 402-8465.

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

The Department invites all persons, organizations, corporations and government agencies which may be affected by the proposed revisions to attend any of the hearings and/or submit oral or written statements for the record. At each hearing, every person who wishes to make a statement will be allowed to speak. The Department will give equal weight to written and oral statements and recommends that statements be submitted in writing. A cumulative record will be compiled; therefore, it is not necessary for interested parties to attend both hearings.

Written statements may be submitted to the Department until 5 p.m., October 18, 2001, and should be submitted to:

James D. Austin
NYS Department of Environmental Conservation
625 Broadway, 3rd floor
Albany, NY 12233-1010

The proposed regulation, may be obtained from any of the following Department offices:

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, 1130 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 Bldg., 317 Washington St., 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: Larry Sitzman

Public Notice


New York State Department of Health

Bureau of Public Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216
New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #3 to the Drinking Water State Revolving Fund Intended Use Plan issued September 20, 2000 was published in the July 18, 2001 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #3 closed on August 2, 2001. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

"The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 20, 2000, to adjust the estimated project costs for 2 DWSRF projects listed in the Project Readiness List. A project description and explanation of the reason for the cost increases are included in the table below:

Borrower County Project Description DWSRF # Current
IUP Cost
IUP Cost
(V) Herkimer Herkimer New Surface Water
Treatment Rule
Compliance Facility
16676 $3,095,637 $4,452,064 The actual bids for the project were higher than the original estimate.
(T) Beaver Falls Lewis New Water Storage Tank and Piping, Upgrade Distribution System 16351 $784,000 $800,000 The actual bids for the project were higher than the original estimate.

The Department has determined that these project cost increases are necessary, reasonable and consistent with the original project concept. In addition, the scope of the projects has not changed, nor have we altered the project priority rankings in any way. These project cost increases 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.

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.

The New York State Department of Environmental Conservation (NYSDEC) is making available the final draft of the Enforcement Directive entitled Management of Coal Tar Wastes and Soils and Sediments Contaminated with Coal Tar from Former Manufactured Gas Plants. The main purpose of this directive is to facilitate the permanent treatment of soil contaminated with coal tar from the sites of former MGPs. This guidance 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. The Division of Environmental Remediation has worked closely with the Divisions of Environmental Enforcement, and Solid and Hazardous Materials to developed this enforcement directive. The Enforcement Directive will become effective thirty days from this publication date. Copies of the final draft of the Enforcement Directive and Responsiveness Summary are available from Eric Obrecht, Division of Environmental Remediation, NYSDEC, 625 Broadway , Albany, NY 12233-7012.


Pursuant to Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, and 19-0305 of Environmental Conservation Law, the Department of Environmental Conservation (Department) hereby gives notice of the following:

The Department is adopting amendments to the following parts and subparts of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York: Part 200, General Provisions, Part 201, Permits and Registration, Subpart 225-1, Fuel Composition and Use- Sulfur Limitations and Subpart 227-2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx).

This emergency rule is necessary for the preservation of public health, public safety, and general welfare.

The New York State Public Service Commission, the New York State Energy Research and Development Authority, the New York Independent System Operator (the NYISO), and the New York State Reliability Council, have expressed deep concern about the ability of the electricity generation, transmission and distribution system (the electric grid) in New York State to accommodate increasing loads without additional generation. These parties, all of whom share some responsibility for assuring the reliability of the electric grid in New York State, are concerned that, during the summertime peak electricity demand periods, existing generation capacity in New York State may be insufficient and power outages may occur. This potential supply shortfall is expected to disappear when the first new central electricity generating plants, currently being sited pursuant to the Public Service Law Article X process, begin operating. This should happen prior to the summer of 2003.

In response to the above-described concerns, the NYISO developed an Emergency Demand Response Program (EDRP) for the 2001 and 2002 peak demand periods. The EDRP is meant to encourage certain electricity customers to reduce electrical demand during emergency situations to help assure that demand will not outstrip supply and the need for load shedding (rolling blackouts) will not arise. Much of this demand reduction potential will come from the availability of emergency generation capacity. Currently, the Departmentís regulations only allow emergency generators to operate when the usual source of power is actually interrupted rather than when interruption is imminent. A regulatory change is needed to permit the use of these emergency generators before the power supply is interrupted.

These amendments will permit emergency generators that are part of the EDRP to operate for up to 200 hours per year when called on by the NYISO in situations where load shedding is imminent. The emergency generators that take part in the EDRP will be defined as "centrally dispatched emergency power generating units" and the emergency generators that may be used when the primary source of power is actually unavailable will be defined as "facility specific emergency power units." "Centrally dispatched emergency power generating units" must refuel with fuel having a sulfur content of no more than 30 parts per million sulfur unless deemed unavailable by the President of NYSERDA.. These units, "centrally dispatched emergency power generating units" and "facility specific emergency power generating units," will retain their exemption from the NOx RACT requirements of Subpart 227-2 provided they operate within the parameters of their Part 201 exemptions.

For further information, contact:

Robert G. Sliwinski, P.E.
NYSDEC, 625 Broadway, Albany, NY 12233-3251
Phone: (518)402-8396
email: rgsliwin@gw.dec.state.ny.us
Date: August 2, 2001

Public Information Meeting

The New York State (NYS) Department of Environmental Conservation (DEC), Division of Fish and Wildlife, will conduct a public information meeting on August 20, 2001 to discuss the revision of the NYS Non-Indigenous Aquatic Species Comprehensive Management Plan. Topics in which DEC intends to discuss include updated scientific information regarding Aquatic Nuisance Species (ANS) in NYS, prevention of ANS introduction and dispersal in the Lower Great Lakes watershed, and education/outreach activities. One primary goal of the revision of this management plan is to gather information from affected parties, including the public, natural resource trustees, municipalities, boating/sporting organizations, and utilities. In addition, DEC's other primary goal for revising the ANS management plan is to maintain consistency with the latest Federal ANS Task Force Draft Guidance; thus allowing DEC to obtain federal funding. Input regarding the environmental and socio-economic impacts of ANS species is sought from both ANS scientists and public interest groups. Productive input from individuals or groups will be helpful to the DEC in preparing the revised plan.

The public information meeting will include brief informational presentations from DEC and ANS researchers/educators, followed by a facilitated discussion. Interested parties that cannot attend are asked to submit relevant comments to the contact address below, or via email by August 20th. The meeting will be open to the public from 6-10 pm, while natural resource trustees and ANS scientists are asked to attend an earlier technical round-table discussion from 5 - 6 pm. Those planning to attend are encouraged to indicate so by email or phone for planning purposes. The location of the meeting and contact information is listed below. Direction/map can be provided upon request.

ANS Meeting date 8/20/01, at SUNY College at Brockport, NY, 350 New Campus Drive, Brockport, NY 14420 - Room 140 in Lennon Hall, Biology Dept./Sea Grant Building. 5-10 pm.

Contact for Meeting:
Stephen Trojanczyk, Environmental Sciences Group, 162 Eastgate Drive, Rochester, NY. 14617, phone: (716)-756-8933.