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Consolidated SPDES Renewals

Public Notice

Commissioner of Environmental Conservation Erin M. Crotty and Attorney General Eliot Spitzer are seeking public comment on consent decrees settling claims of the State of New York and Commissioner Crotty (the "State") regarding violations of federal and state new source review requirements at the Lovett power plant in Stony Point, Rockland County, New York. The State's claims being settled concern modifications of units 4 and 5 of the Lovett plant undertaken by Orange and Rockland Utilities, Inc. ("Orange and Rockland") in the 1990s. The plant is now owned and operated by Mirant New York, Inc. and Mirant Lovett, L.L.C. ("Mirant").

The proposed settlements are embodied in proposed consent decrees in two separate lawsuits. In the proposed consent decree in State of New York and Erin M. Crotty v. Mirant New York, Inc. and Mirant Lovett, L.L.C. No. 03CV4236 (Judge Koeltl), filed with the United States District Court for the Southern District of New York, Mirant agrees to take certain actions to reduce emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) at Lovett plant units 4 and 5. In the proposed consent decree in State of New York and Erin M. Crotty v. Orange and Rockland Utilities, Inc., No. 3581-03, filed with New York Supreme Court, Albany County, Orange and Rockland is agreeing to pay a civil penalty of $600,000 and to expend $800,000 on environmental mitigation projects.

The details of the proposed settlements are contained in the proposed consent decrees, which are available on the Attorney General's site (www.oag.state.ny.us) or in the following locations:

New York State Department of Law
101 East Post Road
White Plains, New York 10601-5008

New York State Department of Environmental Conservation
21 South Putt Corners Road
New Paltz, New York 12561-1696
Attn: Brenda Bubenicek

New York State Department of Environmental Conservation
625 Broadway
Albany, New York 12233-1016
Attn: Ruth Earl

The State will take public comment on the proposed settlements until July 18, 2003. Comments on the proposed settlements may be submitted to:

J. Jared Snyder, Esq.
New York State Department of Law
Office of the Attorney General The Capitol
Albany, New York 12224-0341

or to:

Charles E. Sullivan, Jr., Esq.
New York State Department of Environmental Conservation
625 Broadway, 14th floor
Albany, New York 12233-5500

Notice Extending the Public Comment Period for the Proposed Commissioner Policy on Assessing and Mitigating Impacts of Fine Particulate Matter Emissions

This Notice extends the period within which interested persons may comment on the Proposed Commissioner Policy on Assessing and Mitigating Impacts of Fine Particulate Matter. Comments will be accepted on or before Monday, July 14, 2003.

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 project's potential to emit fine particulate matter: if a project's 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 project's PM2.5 impacts are potentially significant and adverse. A proposed project with impacts below the Policy's ambient air concentration thresholds are, in the Department's 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 Policy's 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 department's 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 on or before Monday, July 14, 2003. 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


Under 6 NYCRR Part 232, the New York State Department of Environmental Conservation (Department) regulates dry cleaning facilities that use the solvent perchloroethylene. Perchloroethylene is a hazardous air pollutant. The primary goal of this regulation is to reduce public exposure to perchloroethylene. This goal is largely achieved through implementation of technology standards that require dry cleaners to switch, pursuant to a detailed phase-in schedule, from older, more polluting dry cleaning equipment to newer, less polluting dry cleaning equipment.

The Department's regulation, Perchloroethylene Dry Cleaning Facilities, 6 NYCRR Part 232, required all dry cleaning facilities to upgrade existing dry cleaning equipment by May 15, 2001. Many of these dry cleaners were required to have new fourth generation dry cleaning machines installed by the May 15, 2001 deadline. See 6 NYCRR section 232.6(b). Shortly before this deadline, the Department announced that it would exercise its enforcement discretion and not enforce the 6 NYCRR section 232.13(a)(1) prohibition against the installation of non-certified equipment until nine months after the first new fourth generation machine was certified. The Department first certified a fourth generation dry cleaning machine on September 26, 2002. Consequently, beginning on June 26, 2003, the Department was to start enforcement of the requirement that only new certified fourth generation equipment may be sold to or installed in any dry cleaning facility. The Department has compiled a list of certified equipment. The list may be found on the Department's website at www.dec.state.ny.us/website/dar/boss/dccertequip.html

The Department has received reports that certain dry cleaners have entered into contracts for the purchase and installation of dry cleaning equipment that meets the requirements of 6 NYCRR section 232.6(b), but are encountering delays in actually having this equipment delivered and/or installed on or before June 26, 2003. The Department is now extending the exercise of its enforcement discretion for a further 90 days. This extension will cover only those dry cleaners that have entered into contracts for the purchase and installation of compliant equipment (including those fourth generation dry cleaning machines that are certified or are designated as having interim certification on the Department's website referenced above) by June 26, 2003. Any dry cleaner that seeks to be covered by this extension must, at the Department's request, provide the Department with a copy of the signed, dated contract.

For those dry cleaners that meet the conditions for coverage under this extension of enforcement discretion, the Department will not enforce the requirements of 6 NYCRR sections 232.6(b) and 232.13(a)(1) pertaining to these equipment upgrades until September 24, 2003. All other dry cleaners will remain subject to enforcement of the relevant requirements starting on June 26, 2003. The Department intends to seek the economic benefit associated with noncompliance as well as any appropriate statutory penalties.

For questions or comments, please contact the Dry Cleaning Implementation Group at the NYS Department of Environmental Conservation, 626 Broadway, Division of Air Resources, 2nd Floor, Albany, NY 12233-3254 or by calling 518-402-8403.

Public Notice

Pursuant to the Environmental Conservation Law, sections 9-0105.1, 9-0105.3 and 9-1503 the Department of Environmental Conservation hereby gives notice of the following:

For further information, contact:
Robert Messenger
Bureau of Forest Preserve Management
NYS Dept. of Environmental Conservation
625 Broadway, 5th Floor
Albany, NY 12233-4254
(518) 473-9518

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

Applications are now available for the New York State Tenth 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 following three categories:

1) facilities generating waste and pollution: this category is for industrial, commercial or institutional facilities; federal, state and local governments; and educational institutions that generate waste and pollution; small (100 or fewer employees), mid-size (more than 100 and fewer than 500 employees), large (more than 500 employees)

2) technical assistance providers: this category is for 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) organizations committed to 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, environmental justice, 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 are scheduled to be presented at the NYS Recycling and Pollution Prevention Conference to be held in October, 2003 in Albany. The winners will be notified a week prior to the presentation of the awards. The deadline to apply for the awards is June 30, 2003. The application package is available through the DECís 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, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone (518) 402-9476, Fax (518) 402-9168, email: clmontes@gw.dec.state.ny.us