ENB - STATEWIDE NOTICES

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Public Meeting

Meeting of: The New York City Watershed Protection and Partnership Council East of Hudson Sporting Advisory Committee.

Date: Tuesday, September 23, 2003 at 1:00 PM.

Location: The Watershed Protection and Partnership Council offices, 2 John Walsh Boulevard, Suite 206, Peekskill, New York 10566

Public Notice

Notice of Availability of Final Enforcement Guidance Memorandum Concerning Petroleum Bulk Storage

STATEWIDE - The New York State Department of Environmental Conservation (the Department) prepared and caused to be published in the May 28, 2003 issue of the Environmental Notice Bulletin notice of a draft Enforcement Guidance Memorandum ("EGM"). The notice announced the Department's intention to establish standardized enforcement documents and procedures, including suggested penalty ranges, to address violations of the Petroleum Bulk Storage ("PBS") regulations (6 NYCRR Parts 612-614). In accordance with ECL 3-0301(2)(z), the notice provided information on how the full text of the draft EGM could be obtained and invited public comment for the thirty-day period ending June 27, 2003. The notice also provided a website address where members of the public could obtain a copy of the draft EGM. In addition, copies of the draft EGM were sent to organizations having a possible interest in the subject.

The Department received only one set of comments concerning the draft policy, on July 9, 2003, well after the close of the 30-day comment period. Although there is no obligation to consider late comments, the Department addresses those comments in the Responsiveness Summary. The late comments raise two minor issues which, the Department has determined, require no changes to the EGM. Accordingly, Department hereby adopts the EGM as final. The EGM shall become effective 30 days after the date of publication of this notice in the Environmental Notice Bulletin.

A copy of full text of the EGM and attachments, along with the Responsiveness Summary, can be obtained by writing or calling Philip Lodico, Senior Attorney, New York State Department of Environmental Conservation, Division of Environmental Enforcement, 625 Broadway, Albany, New York 12233-5500, phone (518) 402-9510. In addition, copies of these documents are available for public inspection in the Department's main office at the above address and in each of the Department's nine regional offices. For the next 30 days, these documents also are available on the Environmental Notice Bulletin website at: www.dec.state.ny.us/website/ogc/pbsiep_final.pdf. Thereafter, these documents may be obtained from the Department's website at: www.dec.state.ny.us/website/ogc/egm/index.html.