Completed Applications Consolidated SPDES Renewals
Notice of Emergency Adoption

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 Department’s 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

Notice of Public Hearing

NOTICE IS HEREBY GIVEN that the New York State Environmental Facilities Corporation (“EFC”) will hold a public hearing on December 5, 2001 at 10:00 a.m. at 625 Broadway, Albany, New York, in the Public Assembly Room, Room 129 B, to consider the issuance of special obligation bonds (the “Bonds”) under the New York State Environmental Facilities Corporation Act.

The New York State Environmental Facilities Corporation is empowered under the New York State Environmental Facilities Act, as amended, to issue tax exempt, special obligation revenue bonds and notes to finance solid waste disposal, pollution control, water management and certain other facilities.

The Bonds are proposed to be issued to finance the development of new disposal cells, close existing landfills cells, construct leachate and methane gas collection systems, improve access roads, acquire land, construct support buildings, purchase landfill equipment and develop new disposal cells within the current permitted acreage of landfills located and operating in Chafee, New York (Erie County), Fairport, New York (Monroe County) and Model City, New York (Niagara County). The aggregate face amount of the Bonds is presently estimated not to exceed Thirty-One Million Dollars ($31,000,000).

The Bonds to be issued by EFC will be special obligations of EFC payable solely from the revenues pledged to the payment thereof, and will not be a general obligation of, or be secured by, the taxing power of the State of New York. The Bonds will be payable from operating revenues generated by Waste Management of New Jersey, Inc., a wholly owned subsidiary of Waste Management, Inc., the parent company. Payment will be guaranteed by Waste Management, Inc.

All persons, organizations, corporations or government agencies desiring to submit comments at the hearing will be provided an opportunity to do so. Written comments can be submitted prior to the hearing to: Holly L. Roth, Legal Assistant, New York State Environmental Facilities Corporation, 625 Broadway, 7th Floor, Albany, New York 12207-2997.

Public Notice of Environmental Board Meeting

The State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., December 4, 2001 in Conference Room 1417 of the Department’s main offices at 625 Broadway, Albany, New York.

The Environmental Board will consider the following rulemaking actions of the Department of Environmental Conservation:

This meeting is open to the public.

Notice of Revised Enforcement Directive

Land Disposal Restrictions Phase IV Supplemental Rule (Revised)

The New York State Department of Environmental Conservation (NYSDEC) is making available for public comment a final draft Enforcement Directive entitled Land Disposal Restrictions Phase IV Supplemental Rule (Revised). This Enforcement Directive is a revision to an existing Enforcement Directive (issued November 6, 1998) and establishes a policy of enforcement discretion, effective immediately, temporarily deferring a portion of the LDR rules that apply to polychlorinated biphenyls (PCBs). Specifically, this statewide deferral exempts PCBs from the requirement that they be considered as an underlying hazardous constituent (UHC) subject to treatment in soils which exhibit the Toxicity Characteristic for metals only. This statewide deferral incorporates the recent federal rule deferring the Phase IV Standards for PCBs as a UHC in soils failing the toxicity characteristic leaching potential (TCLP) test for metals in lieu of corresponding State requirements found at 6 NYCRR Part 376. NYSDEC has determined that this action will not have a significant impact on the environment pursuant to 6 NYCRR Part 617.

Written comments on the draft document are welcomed and should be sent to Mr. Eric Hausamann within 30 days after this publication date. All written comments will be considered and a responsiveness summary will be available when the program policy is finalized. Copies of the proposed Enforcement Directive are available by contacting Mr. Eric Hausamann, Technology Section, Division of Environmental Remediation, NYSDEC, 625 Broadway, Albany, NY 12233-7012 or by email at eghausam@gw.dec.state.ny.us