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Public Notice

Proposed Commissioner Policy on
Assessing and Mitigating Impacts of Fine Particulate Matter Emissions

The New York State Department of Environmental Conservation (NYSDEC) has proposed a Commissioner Policy providing guidance for assessing and mitigating impacts from fine particulate matter emissions from proposed projects. The Policy provides guidance to NYSDEC staff conducting reviews under the State Environmental Quality Review Act (SEQRA) concerning the methods to be used in determining whether a proposed source of fine particulate matter emissions will have a potentially adverse impact on air quality and when mitigation should be considered in connection with a proposed project. These methods can also serve as a reference to applicants preparing environmental assessments in support of an application for a permit.

The guidance establishes a consistent and effective Department approach to the evaluation of impacts from PM2.5 emissions, thereby reducing the potential that fine particulate matter impacts may be inadequately evaluated. The Policy includes a conservative threshold corresponding to a projectís potential to emit fine particulate matter: if a projectís potential PM2.5 emissions equal or exceed 15 tons per year, the Policy requires an air quality impacts analysis for PM2.5. Once such an air quality impacts analysis is completed, the Policy provides staff with conservative thresholds to determine whether a projectís PM2.5 impacts are potentially significant and adverse. A proposed project with impacts below the Policyís ambient air concentration thresholds are, in the Departmentís estimation, unlikely to have a significant adverse impact on air quality and do not require a full environmental impact statement for fine particulate matter impacts. Projects with impacts greater than the Policyís thresholds require the preparation of a full environmental impact statement to assess the severity of the impacts, evaluate alternatives, and employ reasonable and necessary mitigation measures to minimize the PM2.5 impacts of the source to the maximum extent practicable.

This guidance does not supercede any existing regulations, statutes or local ordinances that address the environmental impacts of particulate matter emissions nor does the guidance establish any standards.

Copies of this proposed Policy may be obtained by contacting the person indicated below. The Policy is also available on the departmentís website at: www.dec.state.ny.us/website/dar/pm25.html. Written comments on this proposed Policy are welcomed and should be sent to the contact person listed below within 30 days after this notice appears. All written comments will be considered and a responsiveness summary will be available when the Policy is finalized.

Contact: Steven E. Flint, New York State Department of Environmental Conservation, Division of Air Resources, 625 Broadway, 2nd Floor, Albany, NY 12233-3255, Telephone (518) 402-8292, Email: seflint@gw.dec.state.ny.us

Revised Public Notice

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., May 28, 2003 in Room 129A of the Departmentís 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.

Public Notice for Program Policy Review and Comment

The New York State Department of Environmental Conservation (Department) has prepared a draft Program Policy entitled "Use of Enforcement Discretion - Corrective Action Management Unit Rule Amendments."

This draft policy provides for the use of enforcement discretion allowing the Department to administer and enforce two provisions of the amendments to the RCRA Corrective Action Management Unit (CAMU) rule promulgated by USEPA on January 22, 2002 in a manner consistent with the requirements of that rule, as amended. This rule applies only to "remediation waste" and does not apply to "as generated" waste from ongoing industrial operations at a site. These provisions (1) allow CAMU-eligible waste to be disposed of off-site in a permitted hazardous waste landfill provided that any "principal hazardous constituents," or "PHCs," in the waste meet environmentally protective treatment standards established through 40 CFR 264.552; and (2) allow limited treatment consisting of physical operations such as blending, mixing and sizing of remediation wastes in "staging piles." CAMU- eligible wastes are defined at 40 CFR 264.552(a)(1).

A copy of the draft Policy is available from William Yeman, NYSDEC, 8th Floor, 625 Broadway, Albany, New York 12233-7251, telephone 518-402-8633.

Written comments on the draft Program Policy will be accepted for 30 days from the date of publication of this notice. Written comments should be addressed to Paul Counterman, P.E., Director, Bureau of Hazardous Waste Regulation, at the above address.

6NYCRR Part 189 Notice of Revised Rule Making

Pursuant to the Environmental Conservation Law, Sections 3-0301, 11-0325 and 11-1905, the Department of Environmental Conservation hereby gives notice of the following:

Notice of revised rule making for 6NYCRR Part 189 relating to Chronic Wasting Disease. The revised rule making notice will be published in issue 21 of the State Register, dated 05/28/2003.

For further information contact: Patrick P. Martin, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233, phone: (518) 402-8993 e-mail: pxmartin@gw.dec.state.ny.us