Notice is hereby given that the New York State Department of Environmental Conservation (Department), will hold legislative public hearings on the following proposed rules pursuant to Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 71-2103:

Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200 General Provisions

The purpose of the rule is 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 (LD) vehicle standards with California as required under section 177 of the Act, and to adopt California standards and test procedures for heavy duty engines.

Interpreter services for deaf persons are provided at no charge. Written requests are required and should be submitted by May 3, 2002, to Arlene Schmidt, NYSDEC, 625 Broadway, Albany NY 12233-3250, 518 402-8465, . Hearings will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearings. At each hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. The Department will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend each hearing.

Information may be obtained from Steven Flint, P.E., NYSDEC Division of Air Resources, 625 Broadway, Albany NY 12233-3255, telephone, 518 402-8292; email, seflint@gw.dec.state.ny.us Written statements may be submitted until 5 p.m., May 24, 2002.

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: Amar Nagi
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: Thomas Morgan
REGION 7, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Chuck Chernoff
REGION 8, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott
REGION 9, 270 Michigan Ave., Buffalo, NY 14202, Attention: Larry Sitzman

Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Supplement to First Quarter Update of the 2002 Intended Use Plan (IUP)

The 2002 IUP for the CWSRF was issued in September 2001. Since that time, municipalities have requested funding for additional projects. Municipal water quality protection projects must be included in the IUP to receive low interest rate financing.

The New York State Environmental Facilities Corporation (EFC) and the Department of Environmental Conservation (DEC) recently issued the final First Quarter Update of the 2002 CWSRF Intended Use Plan which provided interested parties with new and updated information regarding projects listed in the 2002 IUP Annual and Multi-Year Project Priority Lists (PPL).

A notice regarding the draft First Quarter Update was published in the January 2, 2002 issue of the Environmental Notice Bulletin (ENB). Comments were accepted until close of business, Friday, January 18, 2002. The City of New York has requested the addition of numerous projects to the Annual Project Priority List that are expected to be financed before the Second Quarter Update to the IUP is finalized. A Supplement to the FFY 2002 First Quarter Update has been prepared to accommodate these requests. There will be no impact on the financing of projects previously listed in the September 2001 IUP or the January 2002 First Quarter Update.

This Supplement contains lists of New York City projects that are expected to qualify for and receive long-term financing prior to September 30, 2002. Notations have also been added to these lists to facilitate identification of new projects, projects retargeted from the Multi-Year List to the Annual List and project changes.

A notice regarding the draft Supplement to the First Quarter Update was published in the March 13, 2002 issue of the Environmental Notice Bulletin (ENB). Comments were accepted until close of business, Friday, March 29, 2002. No public comments were received that necessitated revision of the Supplement. Therefore, the Supplement to the First Quarter Update to the 2002 CWSRF IUP is final.

If you would like a copy of the Supplement to the First Quarter Update, or additional information on the CWSRF program and how to list a project on the IUP, please refer to EFC’s web site at www.nysefc.org or contact Mr. David Morseman at EFC’s toll-free information line (800) 882-9721 (within NYS only) or (518) 402-7433. Written requests for CWSRF program information should be addressed to Mr. Morseman at: Program Management Division, New York State Environmental Facilities Corporation, 625 Broadway, Albany, New York 12207-2997, or fax requests to (518) 402-7456.

The Supplement and other information on the CWSRF and other EFC programs can also be viewed on EFC’s web site.

April 22 - May 7, 2002

You are invited to a series of public information meetings regarding the availability of funds under the Clean Water/Clean Air Bond Act and the Environmental Protection Fund. Both the Bond Act and the EPF provide funds for state assistance payments towards the cost of many environmental programs.

NYS Department of Environmental Conservation staff will be available at all meetings to answer questions about environmental permit requirements for projects.

Additionally, staff from the State agencies administering the Bond Act and EPF will be available to answer questions on other Bond Act and EPF programs, including:

Application materials and information can be obtained from the respective agencies by contacting the following:

Information about other Bond Act and EPF programs can be obtained by contacting these offices:

Notice of Acceptance of a Proposal to Perform
Perchloroethylene Dry-Cleaning Equipment
Evaluation and Testing

The New York State Department of Environmental Conservation has received and approved a proposal from the independent equipment testing organization Environmental Risk Management International (ERMI), Inc. ERMI, Inc. is now authorized by the Department to provide required testing and evaluation services to manufacturers and vendors of perchloroethylene dry-cleaning machines and related dry-cleaning equipment as a part of the regulatory program established under 6NYCRR Part 232 Perchloroethylene Dry-cleaning Facilities. Section 232.13 of this regulation requires the establishment of an equipment testing and certification program and details both the scope of the testing and the protocol to be used.

Manufacturers and vendors of perchloroethylene dry-cleaning machines and related dry-cleaning equipment should contact ERMI, Inc. directly to schedule testing of their equipment:

ERMI, Inc
10320 Meadow Glen Way, East
Suite B
Escondido, CA 92026
Phone: (760) 751-0060
Fax: (760) 751-0294

It should be noted that all costs for testing and certification will be born by the equipment manufacturers and vendors.

Machines which upon testing demonstrate compliance with the regulation's equipment design and performance requirements will be placed on a list which is to be published by NYS DEC and be made available to the dry cleaning community.

Questions should be directed to:

New York State Department of Environmental Conservation
Division of Air Resources
Bureau of Stationary Sources
625 Broadway, 2nd Floor
Albany, New York 12233-3254
518-402-8403 voice
518-402-9035 fax

Availability for Comment

Technical and Operational Guidance Series (TOGS) 1.2.2 Administrative Procedures and the Environmental Permit Strategy For Individual SPDES Permits

The New York State Department of Environmental Conservation (Department) is updating (including renaming) TOGS 1.2.2 SPDES PERMIT PROGRAM PRIORITIES AND DEFINITIONS, last revised on May 21, 1990. As part of this update, the scope of the subjects covered in proposed TOGS 1.2.2 is being expanded to include discussion of the Environmental Benefit Permit Strategy (EBPS) and administrative procedures for individual permits drafted under the State Pollutant Discharge Elimination System (SPDES) program. To reflect this expanded scope, TOGS 1.2.2 is being proposed for renaming to ADMINISTRATIVE PROCEDURES AND THE ENVIRONMENTAL BENEFIT PERMIT STRATEGY FOR INDIVIDUAL SPDES PERMITS.

The structure of proposed revised TOGS 1.2.2 includes sections on:

• Wastewater Discharge Categories
• Permit Classifications
• Permit Reclassifications
• Permit Ranking Under the Environmental Benefit Permit Strategy

Proposed revised TOGS 1.2.2 explains annual public notice procedures under the EBPS, specific procedures for processing various types of SPDES permits, and Discharge Notification Act (DNA) procedures. It incorporates the entire Environmental Benefit Permit Strategy information packet that is currently available from the Department for explaining the EBPS and calculating a facility’s priority ranking score. This packet is currently distributed to the Department’s Regions and general public, and contains a table entitled Table 1 - PRIORITY RANKING FACTORS FOR SPDES PERMIT MODIFICATIONS and associated Attachment 4 - GUIDANCE FOR USE OF PERMIT PRIORITY RANKING FACTORS. In the proposed revision of TOGS 1.2.2, updates are reflected in Table 1 and Attachment 4 as follows:

- More recent SPDES-related programs have been added for scoring consideration, such as the DNA, Pollutant Minimization Program (PMP), and watershed TMDL implementation.

- The Factor for permit change associated with Economic Development has been eliminated, because this issue is addressed during the permitting process in accordance with the Uniform Procedures Act.

- The Factor for a permittee-requested modification to relax monitoring frequency, change monitoring location, or other minor change, has been eliminated, because this issue is addressed during the permitting process in accordance with the Uniform Procedures Act.

Several Factor Values have also been modified in Table 1 to reflect more recent considerations of relative importance.

Proposed revised TOGS 1.2.2 also includes as attachments all Department forms needed for renewing an existing SPDES permit and for addressing DNA requirements. Many of these forms are currently included in the Environmental Benefit Permit Strategy information packet referred to above.

Proposed revised TOGS 1.2.2 is available for comment by contacting William Mirabile at (518) 402-8122 or by email at wpmirabi@gw.dec.state.ny.us, or at the following address. Any interested party may provide, up to thirty (30) days from this date, substantive comments on proposed TOGS 1.2.2. Comments or written requests for a copy of proposed TOGS 1.2.2 must be sent to Warren Lavery, P.E., Director, Bureau of Water Permits, NYSDEC, 625 Broadway, Albany, NY 12233-3505.

Applications Available for Waste Reduction and Recycling Awards

Applications are now available for the 2002 Governor’s Waste Reduction and Recycling Awards. These awards recognize organizations for outstanding efforts in source reduction, reuse of materials, and recycling.

Awards are given in two categories: Innovation and Achievement of Excellence. Applicants are judged by DEC staff and industry experts based upon a project’s accomplishments in waste reduction or recycling. Other criteria considered by the judging panel include: an applicant’s environmental record, the economic benefits of its overall programs, the extent of employee participation, and the community and environmental benefits of the project.

Application materials for the 2002 Governor’s Waste Reduction and Recycling Awards can be obtained from DEC at: NYS Department of Environmental Conservation, Division of Solid & Hazardous Materials, Bureau of Waste Reduction and Recycling, 625 Broadway, Albany, New York 12233-7253; or by contacting Jennifer Kruman, phone (518) 402-8705 or fax (518) 402-8791, email jxkruman@gw.dec.state.ny.us. The application deadline is Wednesday, May 15, 2002. Winners will be announced in the fall of 2002. Applications and information about previous award winners are also available on the DEC website: www.dec.state.ny.us/website/dshm/redrecy/awards.htm

14th Annual Pollution Prevention Conference
May 29-31, 2002
Crowne Plaza Albany Hotel

"Pollution Prevention Through Energy Efficiency"

Keynote Speaker: Congressman Sherwood L. Boehlert Plenary Speakers: NYSDEC Commissioner, Erin M. Crotty; NYSERDA President, William M. Flynn; NYS Public Service Commission Chairman, Maureen O. Helmer.
Other Key Speakers: Paul DeCotis, Program Director, NYSERDA; David Wooley, Senior Fellow, Pace University Law School; and Michael Arny, Director, Leonardo Academy Invited: Governor George E. Pataki

Join other environmentalists; business, trade, and industry representatives, scientific and academic professionals, environmental groups, and government officials.

Presentation of the 2002 NYS Governor’s Awards for Pollution Prevention Case Studies of the previous two year’s winners will also be presented

General Topics covered this year include: Improving Industrial Efficiency, Commercial and Industrial Energy Efficiency, Residential Energy Efficiency, Environmental Management Systems, Promoting Pollution Prevention and Energy Efficiency, Green Buildings, Market for Renewables, Transportation and Alternative Fuels, and Sustainability. Exhibitor presentations. Pollution Prevention tour hosted by a local organization.

Sponsored by: New York State Department of Environmental Conservation Pollution Prevention Unit Co-sponsored by: New York State Energy Research and Development Authority New York State Public Service Commission The Business Council of New York State, Inc.

***Please visit our web site www.dec.state.ny.us/website/ppu ***

Dottie O’ Hare (518) 402-9469; fax: (518) 402-9470 Exhibitor Contact: Carlos Montes (518) 402-9469; email: clmontes@gw.dec.state.ny.us

Pursuant to the Environmental Conservation Law, Sections 13-0307 and 13-0319 the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption of 6NYCRR Part 41 relating to the Sanitary Condition of Shellfish Lands to be published in the New York State Register April 17, 2002.

For Further information contact:
Juliette Way, Bureau of Marine Resources
New York State Department of Environmental Conservation
205 N. Belle Meade Road, Suite 1
East Setauket, NY 11733
Phone: (631) 444-0492

6 NYCRR Part 370 and Subpart 373-2

Notice is hereby given that the New York State Department of Environmental Conservation (NYSDEC), pursuant to Environmental Conservation Law Article 27, Title 7 and Title 9, proposes to amend the 6 NYCRR Part 370 and Subpart 373-2 hazardous waste management regulations to incorporate federal changes made in the January 22, 2002 Federal Register regarding amendments to the Corrective Action Management Unit (CAMU) Rule (67 FR 2962, January 22, 2002).

Corrective Action Management Units, or "CAMUs," are special units established under the federal 1984 Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act of 1976 (RCRA) to facilitate treatment, storage, and disposal of hazardous wastes managed for implementing cleanup, and to remove the disincentives to cleanup that the application of RCRA to these wastes can sometimes impose. The more stringent CAMU amendments will become effective in New York State on April 22, 2002. This rulemaking will bring State regulations into conformance with more stringent federal regulations which already must be followed in the State.

The less stringent portions of the rule are aimed at assisting with remedial cleanup. First, regulations for "staging piles" are amended to expressly allow for mixing, blending and other similar physical operations intended to prepare wastes for subsequent management or treatment. Second, CAMU-eligible waste generated during remedial cleanups under Department oversight can be disposed of in off-site permitted hazardous waste landfills if they are treated to meet CAMU treatment standards, rather than the LDR treatment standards in Part 376. The receiving landfill must have a RCRA hazardous waste permit, meet the requirements for new landfills, meet public notice requirements, and be authorized through a permit modification to accept CAMU-eligible wastes.

Written statements may be filed until close of business, May 27, 2002, with Ms. Deborah Aldrich, NYSDEC, Division of Solid and Hazardous Materials, 625 Broadway, Albany, New York 12233-7250, faxed to: (518) 402-9024 or e-mailed to dlaldric@gw.dec.state.ny.us.

To obtain additional information, please contact Deborah Aldrich at (518) 402-8730.

Applicant: Niagara Mohawk a National Grid Company
300 Erie Blvd West
Syracuse, NY 13202-4201

App ID: 0-0000-01147/00010

Permit Type: Freshwater Wetlands (Article 24)

Location: Certain electric transmission lines in DEC Regions 4 through 9

Project Description: Authorize the use of registered herbicides (Arsenal and Glypro) in regulated Freshwater Wetlands in accordance with all label requirements using low volume application methods, by the Niagara Mohawk Power Corporation, during routine management of Rights of Way for certain electric transmission lines in the Niagara Mohawk service area.

The following list indicates the electric transmission line Rights of Way to be managed listed by DEC Region and includes the County, Town and regulated freshwater wetlands that the transmission line crosses.

Wetlands and Municipalities with Scheduled Year 2002 ROW Vegetation Maintenance

State Environmental Quality Review (SEQR) Determination

The project is an unlisted action and will not have a significant adverse impact on the environment.
A negative declaration is on file. A coordinated review was not performed.

State Historic Preservation Act (SHPA) Determination

The proposed activity is not subject to review in accordance with SHPA. The activity being reviewed is exempt or in accordance with federal historic preservation regulations.

Availability for Public Comment