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State Energy Plan Supplemental Notice


The Energy Planning Board caused a Notice to be published in the State Register and Environmental Notice Bulletin on December 26, 2001 that, among other things, announced the completion and issuance of an integrated Draft State Energy Plan (Draft Plan) and Draft Environmental Impact Statement (DEIS), and solicited written comments on the Draft Plan and the DEIS and oral comments at a series of public meetings to be held across the State. In addition to the public comment hearings announced in that Notice, the Energy Planning Board will be holding public comment hearings on Thursday, February 7 at 9 am and 1 pm at the Watertown State Office Building, 317 Washington Street, Watertown, New York 13601.

Persons who wish to speak should register in advance by contacting Paul DeCotis at:

New York State Energy Planning Board
c/o New York State Energy Research and Development Authority
Corporate Plaza West
286 Washington Avenue Extension
Albany, New York 12203-6399
Phone Number: (518) 862-1090, extension 3321.

Public Notice

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101(1), 1-0303(19), 3-0301(1), and 27-0501, the Department of Environmental Conservation hereby gives notice of the following rulemaking action:

A Notice of Adoption was filed with the Department of State on January 3, 2002, to amend 6NYCRR Part 380 to regulate the disposal of the radioactive wastes generated by the extraction or concentration of uranium or thorium where such waste is not regulated by the U.S. Nuclear Regulatory Commission. The amendment will be effective on February 2, 2002. The rule requires that these radioactive wastes be disposed of at facilities authorized to accept radioactive waste, and effectively excludes them from landfills, unless a variance to Part 380 is requested and granted. Variances can be granted for slightly contaminated wastes, if the proposed disposal will have no significant adverse impact on the public health and safety or the environment.

For further information, contact Barbara Youngberg, NYSDEC Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7255; telephone: 518-402-8579; E-mail: bayoungb@gw.dec.state.ny.us


Note: Below is a revised version of a Notice of Final Description of Eligible Project Categories that was published in the State Register on December 20, 2000, May 30, 2001 and January 23, 2002. The only revision is to increase the duration of the program and thus the number of public heavy duty inspection and maintenance station owners, other service station owners and municipality/school districts 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.


The New York State Environmental Facilities Corporation (EFC) will provide $1.15 million to establish a program to provide funding to owners of public heavy duty inspection and maintenance stations, other service stations that provide emissions tests to the public, and municipalities that purchase new emissions testing equipment capable of testing emissions from diesel engines. The purchase and use of this new equipment in conjunction with New York State’s Heavy Duty Inspection and Maintenance Program (HDI&M) will reduce pollution from diesel vehicles and improve air quality and public health. Funding will be made pursuant to the HDI&M Program within the Other Air Program that was created by the Clean Water/Clean Air Bond Act of 1996.

The Other Air HDI&M Program is intended to partially reimburse owners of Eligible Businesses and municipalities that purchase new Eligible Smokemeters, that have been certified by the New York State Department of Environmental Conservation (NYSDEC), as complying with new state regulations (6 NYCRR Part 217-5). Under the Other Air HDI&M Program, EFC will provide financial assistance to Eligible Businesses located within the New York City Metropolitan Area (NYCMA) of $1,000 and to municipalities and Upstate Eligible Businesses of $2,000. The reasoning for the different levels of funding is based upon distinctions found in state law. Specifically, all heavy duty vehicles with diesel engines located in the NYCMA are or will be required to pass an emissions test prior to being registered by the New York State Department of Motor Vehicles (NYSDMV) and all NYSDMV licensed public heavy duty safety inspection stations in the NYCMA will be required to purchase certified smokemeters in order to retain their inspection business licenses. Thus, these downstate businesses will have a substantial customer base from which they can recoup a larger percentage of their investment. In contrast, municipalities and upstate businesses that purchase eligible smokemeters are not required to purchase these machines as a condition of receiving a license from NYSDMV.

The Other Air HDI&M Program applies to: (1) service stations which are located within NYCMA (i.e., Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester counties); (2) service stations located outside of the New York City Metropolitan Area; and, (3) municipalities. Funding from this program will not be available to private fleet operators who do not offer emission tests to members of the general public.


This notice describes eligibility requirements for the Other Air HDI&M Program, the amount of funding available, the time period during which EFC will accept applications for funding, and certain other eligibility criteria.


Unless defined herein, terms used in this notice shall have the meanings set forth in Section 56-0101 of the environmental conservation law or 6 NYCRR Part 217-5. Terms used in this notice have the following meanings:

"Downstate Eligible Business” means a business located in the counties of Nassau, New York, Kings, Queens, Bronx, Richmond, Rockland, Suffolk or Westchester that is registered by the New York State Department of Motor Vehicles as either a light duty public emissions inspection station or a heavy duty public emissions inspection station.

"Eligible Business” means a Downstate Eligible Business or an Upstate Eligible Business.

"Eligible Smokemeter” means smoke measurement equipment designed and manufactured in accordance with specifications set forth in 6 NYCRR Part 217-5.6. Only a smokemeter certified by NYSDEC and operated in accordance with the manufacturer’s operating procedures shall be considered an eligible smokemeter for purposes of this Notice.

"Heavy duty vehicle” means a vehicle that has a Gross Vehicle Weight Rating exceeding 8,500 pounds and is designed primarily for transporting persons or properties.

"Municipality” means any County, City, Town, Village or School District.

"New York City Metropolitan Area (NYCMA)” means the Counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester.

"Upstate Eligible Business” means a business not located in the New York City Metropolitan Area, that is registered by the New York State Department of Motor Vehicles as either a light duty public safety inspection station or a heavy duty public safety inspection station.

"Useful life” means the number of years the Eligible Smokemeter is expected to remain in service.


Pursuant to 6 NYCRR Part 217-5, NYSDEC has compiled and maintains a list of all Eligible Smokemeters certified as being designed and manufactured to meet the requirements of this regulation. Any owner of a Downstate Eligible Business, Upstate Eligible Business or municipality that purchases a certified Eligible Smokemeter or meters may apply for funding under this program.


For the purpose of the Other Air HDI&M Program, the useful life of such Eligible Smokemeters has been deemed by EFC to be seven (7) years.


EFC will make state assistance payments in the following amounts for the purchase of the Eligible Smokemeter:

For Downstate Eligible Businesses: $1,000 for each Eligible Smokemeter purchased.

For Municipalities and Upstate Eligible Businesses: $2,000 for each Eligible Smokemeter purchased.

No applicant will be eligible for more than five (5) state assistance payments.


EFC will accept requests for state assistance under the Other Air HDI&M Program through July 1, 2002.


Until the $1.15 million budget for the program is depleted, EFC will provide state assistance for the purchase of Eligible Smokemeters listed in this Notice, on a first-come, first-served, basis.


(1) Project Limitations.
Eligible Businesses and municipalities purchasing multiple Eligible Smokemeters may submit requests for state assistance for up to five (5) such smokemeters regardless of location.

(2) Program Duration.
Subject to the availability of funds and the other eligibility criteria set forth in this notice, the owner of an Eligible Business or municipality will be eligible for state assistance if the owner has purchased an Eligible Smokemeter after August 1, 1996, and before July 1, 2002.

(3) Application Deadline
Requests for state assistance under the Other Air HDI&M will be accepted until July 1, 2002. The required application 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 Other Air HDI&M Program, including the submission, review and approval of requests for state assistance, will be guided by 21 NYCRR Part 2606.

(5) Proof of Insurance
As part of its request for state assistance, the owner of an Eligible Smokemeter that is not a municipality may be required to submit a certificate evidencing that EFC is named as a loss payee on the owner's property damage liability insurance policy.


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, NY 12207-2997
Telephone (800) 200-2200
Fax (518) 486-9248

Governor's Awards for Pollution Prevention

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 in 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 April 30, 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