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Proposed Commissioner Policy on Using EMSs and Other Environmental Performance Improvement Tools in Department Programs

The New York State Department of Environmental Conservation (NYSDEC) has proposed a Commissioner Policy that sets forth the manner in which Environmental Management Systems (EMS), and other environmental performance improvement tools, will be incorporated into NYSDEC programs. As defined in the policy an EMS is a set of management processes, procedures, and auditable performance objectives that allows a facility to analyze, control, and reduce the environmental impact of its activities, products, and services while maintaining full compliance with environmental requirements. The policy considers environmental performance improvement tools to be mechanisms that, at a minimum, are designed to maintain compliance with environmental requirements in a systematic manner. Some examples of environmental performance improvement tools defined in the policy include environmental compliance audits, environmental compliance systems, and environmental enhancement systems.

This policy identifies the use of EMSs and other environmental performance improvement tools as effective ways to improve the rates of compliance within the regulated community and to diminish the environmental impact resulting from both regulated and non-regulated activities. The policy authorizes the development of additional policies and programs to: 1) develop and implement an Environmental Leadership Program (ELP) to encourage the development of EMSs; 2) develop and use environmental performance improvement tools in the Departmentís enforcement program; and 3) pilot the use of EMSs in NYSDEC operations.

This policy will apply to the NYSDECís regulatory programs and to the exercise of its enforcement discretion in administrative and civil enforcement programs. This policy will not apply to criminal actions, nor to any matter that, as of the effective date of this document, has been resolved. The policy will not be a final agency action and is intended as guidance. It will not create any rights, duties, obligations, or defenses, implied or otherwise, in any third parties. To the extent that this policy may differ from the terms of the applicable enforcement response policies (including penalty policies) under media-specific programs, this policy will supercede those policies.

Copies of this proposed policy may be obtained by contacting the person indicated below. The policy is also available on the NYSDECís website at: www.dec.state.ny.us/website/ppu/ems/index.html. Written comments on this proposed policy are welcomed and should be sent to the contact person listed below by the close of business, November 7, 2003. All written comments will be considered and a responsiveness summary will be available when the policy is finalized.

Contact: John M. Vana, New York State Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Telephone (518)402-9490, Email: jmvana@gw.dec.state.ny.us

Notice for Program Policy Issuance

The New York State Department of Environmental Conservation (Department) has prepared the Program Policy: "Extending the Term of a Local Solid Waste Management Plan (LSWMP) Planning Period," DSH-SW-03-15. This final Program Policy takes effect 30 days from the date of this ENB notice.

This Program Policy provides guidance to Department staff, local solid waste management planning units, and other interested parties on the options available and procedures to follow to ensure the continuation of LSWMPs after the end of the planning period originally established in a planning unitís initial Department-approved LSWMP. Pursuant to 6 NYCRR Subpart 360-15, regulations set forth the process to file a new LSWMP, modify the LSWMP, or adopt an interim plan.

A draft of this Program Policy was publicly noticed in the July 30 edition of the ENB. No comments were received during or after the public comment period, and the Program Policy being issued today contains no change from the draft version.

A copy of the Program Policy is available from Michael Munson, NYSDEC, 9th Floor, 625 Broadway, Albany, New York 12233-7250, telephone 518-402-8711, or it can be accessed on our Department website at www.dec.state.ny.us/website/dshm/regs/ppexterm.htm.

The New York State Department of Environmental Conservation (Department) has prepared a final Program Policy entitled "Regulatory Status of Laundered Industrial Rags & Soiled Clothing," numbered DSH-HW-03-09.

This Program Policy allows qualifying shop towels, industrial rags, and soiled clothing to be sent to an industrial laundry (or laundered on-site) as non-hazardous waste when certain specific conditions are met. The Department previously had a similar policy in place under its Technical and Administrative Guidance Memorandum (TAGM) number 3031. The Program Policy builds upon the guidance of TAGM 3031 and reflects the experience and knowledge gained through implementation of TAGM 3031 over the eleven-year period since its issuance. It also references new regulatory requirements. This Program Policy supercedes and replaces TAGM 3031.

A draft version of this Program Policy was public noticed in the ENB on November 20, 2002. Two written comments regarding the proposed Program Policy were received during and after the comment period, and the final Program Policy was amended to reflect appropriate input. Specifically, clarifying language was added to make it clearer that absorbent materials identifiable as towels, rags, or clothing qualify for the Program Policy, and that the presence of free liquids is permissible under the Program Policy provided that both USDOT-compliant containers are used and no free liquids were initially present.

Copies of the Program Policy and responsiveness summary to public comments are available from William Yeman, NYSDEC, 8th Floor, 625 Broadway, Albany, New York, telephone 518-402-8633, email wxyeman@gw.dec.state.ny.us. This Program Policy will also be accessible at the following website: www.dec.state.ny.us/website/dshm/hzwstman/hzwst.htm


Notice Of Adoption

Pursuant to the Environmental Conservation Law, Sections 11-0303, 11-0903, 11-0905, 11-0907, 11-0911 and 11-0913, the Department of Environmental Conservation hereby gives notice of the following:

Adoption of 6NYCRR Part 1 relating to hunting regulations. These regulations will be published in issue 40 of the State Register, dated 10/08/2003.

For further information contact:

Gordon Batcheller, Bureau of Wildlife
Division of Fish, Wildlife and Marine Resources
625 Broadway, Albany, NY 12233-4754
Telephone: (518) 402-8885 E-mail: grbatche@gw.dec.state.ny.us

Statewide Trails Council Meeting

Statewide Trails Council Meeting
October 25, 2003
11:00 am to 3:30 pm
Nature Center
Grafton Lakes State Park
Grafton, N.Y.