ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

NOTICE OF ADOPTION

ADOPTION OF AMENDMENTS TO AIR REGULATIONS

Pursuant to the provisions of Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, and 19-0305, the Department of Environmental Conservation hereby gives notice that amendments to 6 NYCRR Part 205, Architectural and Industrial Maintenance (AIM) Coatings, and Part 200, General Provisions, have been adopted. This adoption was filed with the NYS Department of State on October 23, 2003 to be effective November 22, 2003.

The purpose of this rule making is to establish new and revised Volatile Organic Compound (VOC) content limits for AIM coatings regulated under this rule. The VOC content limits will be either equal to or more stringent than those in current State and Federal Regulation. Compliance is required by January 1, 2005.

Daniel S. Brinsko, P.E.
NYSDEC Division of Air Resources
625 Broadway, Albany NY 12233-3251
(518) 402-8396, Email: dsbrinsk@gw.dec.state.ny.us


Public Notice

Notice of Availability of Draft Brownfield Cleanup Agreement

The New York State Department of Environmental Conservation (the "Department") has prepared a Draft Brownfield Cleanup Agreement ("BCA") that is intended to be used by Department attorneys as a standard document that is required for all parties who have been accepted into the Brownfield Cleanup Program set forth in Article 27, Title 14 of the Environmental Conservation Law ("ECL").

There are two versions of the draft BCA. One version will be used for each Applicant who is a Participant, defined by ECL 27-1405(1)(a) as one "...who either (i) was the owner of the site at the time of the disposal of hazardous waste or discharge of petroleum or (ii) is otherwise a person responsible according to applicable principles of statutory or common law liability, unless such personís liability arises solely as a result of such personís ownership or operation of or involvement with the site subsequent to the disposal of hazardous waste or discharge of petroleum." The other version will be used for each Applicant who is a Volunteer, defined by ECL 27-1405(1)(b) as "...an applicant other than a participant, including without limitation a person whose liability arises solely as a result of such personís ownership or operation of or involvement with the site subsequent to the disposal of hazardous waste or discharge of petroleum, provided however, such person exercises appropriate care with respect to hazardous waste found at the facility by taking reasonable steps to (i) stop any continuing release; (ii) prevent any threatened future release; and (iii) prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substance."

In accordance with Section 3-0301 of the Environmental Conservation Law, written comments regarding the Draft Agreement will be accepted for thirty days after the date of publication of this Notice in the Environmental Notice Bulletin. Comments should be submitted to Deborah Christian, New York State Department of Environmental Conservation, Division of Environmental Enforcement, 625 Broadway, Albany, New York 12233-5500.

The Draft Agreement is available on the Departmentís website at www.dec.state.ny.dec.state.ny.us/website/der/bcp or by writing or calling Lisa Cerniglia, New York State Department of Environmental Conservation, Division of Environmental Enforcement, 625 Broadway, Albany, New York 12233-5500, (518) 402-9512. In addition, copies of the Draft Agreement are available for public inspection in the Departmentís main office at 625 Broadway, Albany, NY 12233 and in each of the Departmentís nine regional offices.