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Public Notice

Commissioner Policy CP-33 issued concerning
Assessing and Mitigating Impacts of Fine Particulate Matter Emissions

The New York State Department of Environmental Conservation (Department) has issued Commissioner Policy CP-33, providing guidance for assessing and mitigating impacts from fine particulate matter (PM2.5) emissions from proposed projects. This Policy provides guidance to Department 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.

CP-33 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 Policy does not supercede any existing regulations, statutes or local ordinances that address the environmental impacts of particulate matter emissions nor does the it establish any standards.

A copy of this Policy is available on the department’s website at:www.dec.state.ny.us/website/dar/pm25.html

Copies of may also be obtained by contacting the person indicated below. A responsiveness summary of written comments received during the review process is also available.

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


The New York State Department of Environmental Conservation (Department) has prepared a draft Hazardous Waste Facility Siting Plan, pursuant to Chapter 618 of the New York Laws of 1987 and Environmental Conservation Law (ECL) 27-1102.

The Siting Plan is to be used as guidance by any hazardous waste facility siting board reviewing proposals for siting certain new or expanded hazardous waste management facilities within New York State and for Department and other State government agencies to use to assure the availability of sufficient hazardous waste facility capacity.

An additional legislative public hearing to receive comments from the public on the draft Siting Plan and the draft generic EIS will be held at:

Lewiston-Porter Senior High School Auditorium
4061 Creek Road
Youngstown, NY 14174
(716) 754-8281
Tuesday, March 16, 2004
6:00 p.m.

The hearing location is reasonably accessible to the mobility-impaired. Interpreter services can be made available to the hearing-impaired at no charge, upon request to the Department within a reasonable time period prior to the hearings.

All persons, organizations, corporations or government agencies, etc., which may be affected by the proposed Siting Plan are invited to attend the hearing and to submit either written or oral statements. The hearing session will continue until all persons wishing to make statements have been heard. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Lengthy statements should be submitted in writing and summarized for oral presentation. Written statements received prior to the close of the public comment period and oral statements made at each hearing session will be given equal weight.

In addition, the public comment period has been extended to April 19, 2004. Written statements must be received by close of business, April 19, 2004, addressed to Mr. Glenn Milstrey, New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7251, faxed to: (518) 402-9024, or e-mailed to hwsiting@gw.dec.state.ny.us.

The draft Siting Plan and the draft generic EIS can be found on the Department’s website at www.dec.state.ny.us/website/dshm/index.html under the Division of Solid & Hazardous Materials’ "What’s New" section. A hard copy is also available for review at each of the nine Department Regional Offices. To obtain additional information, please contact Glenn Milstrey, at 518-402-8612, or Deborah Aldrich, at (518)402-8730.

6NYCRR Section 180.9 - Notice of Emergency Adoption and Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 3-0301 and 11-0511, the Department of Environmental Conservation hereby gives notice of the following:

For further information contact:
William J. Culligan, Bureau of Fisheries
Lake Erie Fisheries Research Unit
178 Point Drive North
Dunkirk, NY 14048
Telephone: (716)366-0228

Notice of Emergency Adoption

New York State Department of Environmental Conservation 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105, the New York State Department of Environmental Conservation hereby gives notice of the following:

Emergency Adoption amending 6 NYCRR Part 200, General Provisions, and Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, to incorporate modifications that California has made to its vehicle emission control program relating to the ZEV mandate to reduce emissions in New York State.

This amendment, necessary for the preservation of the health and general welfare, was adopted and effective upon filing with the Department of State on the 23 day of December, 2003, on an emergency basis as authorized by section 202(6) of the State Administrative Procedures Act.

For further information, contact:

Steven E. Flint, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3255
518 402-8292
E-mail seflint@gw.dec.state.ny.us