ENB - STATEWIDE NOTICES

        
Completed Applications Consolidated SPDES Renewals
Notice of Emergency Adoption

New York State Department of Environmental Conservation
6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105, the New York State Department of Environmental Conservation hereby gives notice of the following:

Emergency Adoption amending 6 NYCRR Part 200, Referenced Material, and Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, to incorporate improvements that California has made to its vehicle emission control program relating to the phase in of light duty truck standards for vehicles 6,000 to 8,500 pounds gvw, to reduce emissions in New York State, and maintain identical light-duty vehicle standards with California as required under Section 177 of the Clean Air Act, and to adopt California standards and test procedures for heavy-duty engines.

This amendment, necessary for the preservation of the health and general welfare, was adopted and effective upon filing with the Department of State on the 26th day of December, 2001, on an emergency basis as authorized by Section 202(6) of the State Administrative Procedure Act.

For further information, contact:

Steven E. Flint, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3255
518 402-8292
E-mail seflint@gw.dec.state.ny.us


Notice of Fresh Kills Consent Order Extension

Boroughs of Richmond and Manhattan - Pursuant to Paragraph XXVI of the DEC Fresh Kills Landfill Consent Order, DEC Staff are required to provide public notice of emergency modifications to that order upon the signing of the modification. Accordingly, DEC Staff provide notice that the DEC Consent Order has been modified to extend the operation of the Fresh Kills Landfill beyond January 1, 2002, solely for the acceptance and possible disposal of waste materials from the site of the World Trade Center attack, in accord with the standards of the Order.

On May 28, 1996, Mayor Rudolph P. Giuliani and Governor George E. Pataki announced their agreement to close the Fresh Kills Landfill to further receipt of solid waste by December 31, 2001. Thereafter, on June 2, 1996, Governor Pataki signed Chapter 107 of the Laws of 1996 (Environmental Conservation Law Section 27-0706) barring disposal of waste at the Landfill after January 1, 2002. The 1990 DEC Fresh Kills Landfill Consent Order, as modified in April 2000 by Modification #7, conformed with the closure date in New York State Law. Therefore, New York City was prohibited by that order from accepting any additional waste for deposition after January 1, 2002.

However, on September 11, 2001 a terrorist attack destroyed the World Trade Center in New York City. On that day, Governor Pataki signed Executive Order No. 113, which declared a disaster emergency in the State of New York. That Order now has been amended by the Governor, in order to suspend New York City’s statutory obligation to cease acceptance of all solid waste material for deposition at the Fresh Kills Landfill. Specifically, New York City is authorized to continue to accept waste material from the World Trade Center site, some of which may be disposed of at the Landfill after January 1, 2002.

Contact: Louis Oliva, Regional Attorney, New York State Department of Environmental Conservation Region 2, 47-40 21st Street, Long Island City, NY 11101, Tel: (718) 482-4965 Fax: (718) 482-4962.


Public Notice

ENVIRONMENTAL FACILITIES CORPORATION NOTICE OF FINAL DESCRIPTION OF ELIGIBLE PROJECT CATEGORIES FINANCIAL ASSISTANCE TO BUSINESS AIR PROGRAM DRY CLEANER 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 March 3, 1999, July 28, 1999, December 29, 1999, July 26, 2000, December 27, 2000, May 30, 2001 and July 18, 2001. The only revision is to increase the duration of the program, and, thus, the number of dry cleaners who will be eligible to receive funding under this program. Specifically, the last date that applications will be accepted is extended from December 31, 2001 to July 1, 2002

I. BACKGROUND, SCOPE AND APPLICABILITY

The New York State Environmental Facilities Corporation ("EFC") proposes to provide funding to the owners of certain eligible dry cleaning facilities to defray costs associated with new environmental protection requirements. This funding will be made pursuant to the newly created Dry Cleaner Program within the existing Financial Assistance to Business ("FAB") program that was created by the Clean Water/Clean Air Bond Act of 1996, and implementing regulations (21 NYCRR Part 2606).

The FAB Dry Cleaner Program is intended to help owners of dry cleaning facilities comply with new state regulations (6 NYCRR Part 232) which will result in reduced perchloroethylene ("PERC") emissions. Under the FAB Dry Cleaner Program, EFC will provide financial assistance for the acquisition of certain new or upgraded eligible dry cleaning equipment which complies with Part 232. (Requests for state assistance for cleaning equipment utilizing alternative technologies will be considered on a case-by-case basis).

The FAB Dry Cleaner Program only applies to: (1) dry cleaning facilities in existence prior to May 15, 1997; (2) which are located within New York State, but outside of New York City (i.e., Bronx, Kings, New York, Queens, and Richmond counties); and (3) which are "small businesses."

A "small business" is any business which is independently owned and operated, not dominant in its field, and employs not more than one hundred people.

II. PURPOSE OF THIS NOTICE

As required by the proposed Part 2606, this notice describes eligibility requirements for the FAB Dry Cleaner Program, the amount of funding available, the time period during which the 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 21 NYCRR Part 2606. Terms used in this notice have the following meanings:

(1) Eligible dry cleaning equipment means new (i.e., never before purchased or leased) perchloroethylene dry cleaning equipment that has been certified by the New York State Department of Environmental Conservation pursuant to 6 NYCRR Part 232, or, if DEC has not yet certified the equipment, the vendor or manufacturer has given written assurance that the equipment will comply with 6 NYCRR Part 232. (Requests for state assistance for cleaning equipment utilizing alternative technologies will be considered on a case-by-case basis)

(2) Dry cleaning project means the acquisition (i.e., purchase or lease) and installation of eligible dry cleaning equipment for a single dry cleaning system at a dry cleaning facility in existence prior to May 15, 1997.

(3) Dry cleaning facility means a facility with one or more dry cleaning systems.

(4) Dry cleaning system means all equipment, devices or apparatus associated with PERC dry cleaning operations including, without limitation, dry cleaning equipment; filter or purification systems; waste holding, treatment or disposal systems; PERC supply systems; dip tanks; pumps; gaskets; piping, ducting, fittings, valves or flanges that convey PERC-contaminated air; and dry cleaning control systems.

(5) Fourth generation equipment means a primary closed-loop, refrigerated dry cleaning machine that has a "secondary control system" (e.g., closed-loop, refrigerated condenser with a drying sensor and an integral carbon adsorber).

(6) Mixed Use Facility means a dry cleaning facility sharing a common wall, floor or ceiling with a residence or business.

(7) PERC means a colorless volatile chlorinated hydrocarbon. PERC is also known as perchloroethylene, tetrachloroethylene, tetrachloroethene and PCE. The chemical formula for PERC is C12C=CC12. The CAS registry number for PERC is 00127-18-4.

(8) Third generation equipment means a closed-loop dry cleaning machine equipped with a refrigerated condenser or other equivalent primary control system.

IV. DESCRIPTION OF ELIGIBLE PROJECTS

Under the FAB Dry Cleaner Program, the owner of a dry cleaning facility in existence prior to May 15, 1997 will be eligible for state assistance for the purchase or lease of eligible dry cleaning equipment which (i) is new fourth generation equipment, or (ii) will upgrade third generation equipment to fourth generation equipment.

V. DETERMINATION OF USEFUL LIFE

Useful life means the number of years the eligible dry cleaning equipment is expected to remain in service. For the purpose of the FAB Dry Cleaner Program, the useful life of such eligible dry cleaning equipment has been deemed by EFC to be 7 (seven) years.

VI. AMOUNT OF FUNDING

EFC will make state assistance payments in the following amounts for the purchase or lease of the following eligible dry cleaning equipment:

(1) Five thousand dollars ($5,000) for the purchase or long-term lease of new fourth generation equipment with a capacity of 55 lbs or larger;

(2) Four thousand dollars ($4,000) for the purchase or long-term lease of new fourth generation equipment with a capacity of less than 55 lbs; and

(3) One thousand dollars ($1,000) for the purchase of equipment which will upgrade third generation equipment to fourth generation equipment.

(4) An additional five hundred dollars ($500) for an owner who undertakes (1), (2) or (3) above and is located in a mixed use facility.

VII. APPLICATION SCHEDULE

EFC will accept requests for state assistance under the FAB Dry Cleaner Program through July 1, 2002.

VIII. FUNDING SCHEDULE

To the extent monies are available, EFC will provide state assistance for the purchase or lease of eligible dry cleaning equipment in the categories listed in Section IV of this Notice, on a first-come, first-served basis.

IX. ADDITIONAL REQUIREMENTS

(1) Project Limitations
Owners of multiple dry cleaning projects may submit requests for state assistance for up to five dry cleaning projects.

(2) Program Duration
Subject to the availability of funds and the other eligibility criteria set forth in this notice, the owner of a dry cleaning facility will be eligible for state assistance if the owner has purchased or leased eligible dry cleaning equipment after August 1, 1996, and before July 1, 2002.

(3) Application Deadline
Requests for state assistance under the FAB Dry Cleaner Program will be accepted until July 1, 2002. The required "Request for State Assistance" 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 FAB Dry Cleaner Program, including the submission, review and approval of requests for state assistance, will be governed by 21 NYCRR Part 2606.

(5) Compliance Reporting
As part of its request for state assistance, the owner of a dry cleaning facility must submit to EFC a copy of the most recent Part 232 Dry Cleaning Compliance Inspection Report covering the dry cleaning facility, if any, and any subsequent compliance inspection reports.

(6) Proof of Eligible Dry Cleaning Equipment
If the eligible dry cleaning equipment has not yet been certified by DEC, the owner of the dry cleaning facility must submit to EFC a copy of the manufacturer's or vendor's written assurance that such equipment will comply with 6 NYCRR Part 232. The manufacturer's or vendor's written assurance will be required for a request for state assistance to be complete.

(7) Proof of Insurance
As part of its request for state assistance, the owner of a dry cleaning facility who has purchased or leased a new fourth generation machine must 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
625 Broadway
Albany, New York 12207-2997
Telephone (800) 200-2200
Fax (518) 486-9246


Notice for the Ninth Annual NYS Governor's Award for Pollution Prevention

Applications are now available for the New York State Ninth Annual Governor's Award for Pollution Prevention. The awards program was established to recognize pollution prevention efforts by NYS organizations. Applicants can compete in one of the three following categories: 1) facilities generating waste and pollution: small (100 or fewer employees), mid-size (more than 100 and fewer than 500 employees), or large (more than 500 employees) industrial, commercial or institutional facilities; federal, state and local governments; and educational institutions; 2) technical assistance providers: environmental, community and civic organizations; trade associations or other business/industry groups; federal, state and local governments, and educational institutions; and other public or private entities; and 3) continuous improvement: this category is for organizations that demonstrate a longer term commitment to pollution prevention and continue to develop and implement pollution prevention programs and achieve results. Nominations for awards will be made to Governor Pataki by the Department of Environmental Conservation based on recommendations from a selection committee.

Criteria to be considered for the applicants include: waste volume/toxicity reduction, overall environmental benefits, overall economic benefits, improvement in worker safety, innovations in technology, process or education program, level of management commitment, and transferability.

IMPORTANT NOTICE: Presentation of the awards will be during the Fourteenth Annual Pollution Prevention Conference to be held on May 29-31, 2002 at the Crowne Plaza Hotel in Albany. The winners will be notified a week prior to the presentation of the awards. The deadline indicated in the brochure to apply for the awards is March 29, 2002. The application package is available through the DEC’s website: www.dec.state.ny.us/website/ppu/p2gov.html

Anyone interested in obtaining more information regarding the application and criteria for the awards should contact Mr. Carlos Montes at the Department of Environmental Conservation, Pollution Prevention Unit, 625 Broadway, Albany, NY 12233-8010, telephone (518) 402-9476, fax (518) 402-9470, email clmontes@gw.dec.state.ny.us


Notice of Acceptance of Supplemental Draft Generic EIS And Public Hearing

The State Fire Prevention and Building Code Council, as lead agency, has accepted a supplemental draft generic EIS on the repeal of the existing provisions of the Uniform Fire Prevention and Building Code and the Energy Conservation Construction Code, and on the adoption of new provisions for both sets of regulations. A copy of the supplemental draft generic EIS may be obtained from the contact person listed below. A public hearing on the supplemental draft EIS will be held on February 11, 2002 at 9 a.m. at the New York State Dormitory Authority, 6th Floor Conference Room, 515 Broadway, Albany, New York. Comments are requested and will be accepted by the contact person until February 21, 2002.

The action involves repeal of the existing text of the Uniform Fire Prevention and Building Code ("Uniform Code")(9 NYCRR Part 600 et. seq.) and the State Energy Conservation Construction Code ("State Energy Code")(9 NYCRR Part 7810 et. seq.) and the adoption of new provisions for both sets of regulations. The Uniform Code regulates the construction of all buildings and structures in the state outside the City of New York. The State Energy Code regulates the construction of all buildings in the state (including the City of New York) for purposes of minimizing the consumption of energy and providing for the efficient utilization of the energy expended in the use and occupancy of buildings.

Potential Environmental Impacts: The State Fire Prevention and Building Code Council has identified no significant environmental impacts which will arise from its proposal to adopt new provisions for the Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code. However, the Council believes it is important to generically discuss perceived impacts from this action. A substantial portion of the new provisions of these codes involves recodification of existing regulations in New York. The new regulations will have wide application for future construction activities, indirectly affecting the environment through the regulation of products used in the creation of new structures or the retrofitting of existing structures.

There is the potential for increased levels of construction activity resulting from the conformance of New York’s building and energy codes to the format used by the model codes adopted throughout most the rest of the country. If an increase in development were to occur, a potential loss of open space and agricultural land resulting from increased construction could elevate levels of stormwater runoff and non-point source pollution in general, and lead to some degradation of sensitive lands. However, such potential effects are, and traditionally have been, well controlled by local land use laws, state and local environmental regulations, and farmland protection programs.

Address of Lead Agency:
State Fire Prevention and Building Code Council
New York State Department of State
41 State Street
Albany, NY 12231

Contact: Ronald Piester, Assistant Director for Code Development, Department of State, Division of Code Enforcement and Administration, 41 State Street, Albany, NY 12231-0001, telephone number: (518) 474-4073, e-mail: rpiester@dos.state.ny.us