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NOTICE OF AVAILABILITY OF DRAFT UNAVOIDABLE NONCOMPLIANCE AND VIOLATIONS POLICY

The Department has prepared a Draft Program Policy setting forth DEC’s plan for application of 6NYCRR §§201-1.4, unavoidable noncompliance and violations. It establishes the criteria that must be satisfied before Department Staff can excuse violations attributable to startup, shutdown and malfunctions. This Program Policy will clarify how excess emissions that occur during periods of startup, shutdown and malfunction should be addressed. In limited circumstances, the Commissioner’s discretion to excuse certain unavoidable violations may be applied with regard to penalties, but will not apply to situations where injunctive relief may be appropriate.

In accordance with NYS Environmental Conservation Law §3-0301, written comments regarding the Draft Policy will be accepted through September 14, 2001.

The Draft Policy can be obtained by writing or calling Elissa Armater, Legal Assistant, New York State Department of Environmental Conservation, Division of Environmental Enforcement, 625 Broadway, Albany, New York 12233-5500, phone (518) 402-9509.

Comments should also be submitted to her at the above address.


Proposed Guidance for Transfer of Permits and Pending Applications

The New York State Department of Environmental Conservation (NYSDEC), Division of Environmental Permits, has proposed a Program Policy Memorandum (PPM) providing guidance on administering applications for transfer of permits and pending applications from an existing permittee or applicant to a new legally responsible party. The guidance addresses procedures and review criteria for transfers to ensure that:

Revised application forms are also provided. The guidance is in accordance with Uniform Procedures Act regulations, 6NYCRR Part 621.13, Applications for Permit Renewal or Modifications (Including Transfers).

Written comments on this proposed PPM should be sent to the contact person on or before September 21, 2001. All written comments will be considered and a responsiveness summary will be available when the PPM is finalized.

Copies of this proposed PPM may be obtained by contacting the person indicated below. The PPM is also available on the department’s website at: www.dec.state.ny.us/website/site/highlights.html

Contact: Stuart M. Fox, Environmental Analyst 2
New York State Department of Environmental Conservation
Division of Environmental Permits
625 Broadway
Albany, NY 12233-1750
Telephone (518) 402-9157
Fax (518) 402-9168
Email: smfox@gw.dec.state.ny.us