ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Commissioner Policy CP-33, "Assessing and Mitigating Impacts of Fine Particulate Matter Emissions," became effective February 13, 2004.

The New York State Department of Environmental Conservation (Department) published notice of Commissioner Policy CP-33, "Assessing and Mitigating Impacts of Fine Particulate Matter Emissions," in the January 14, 2004 Environmental Notice Bulletin. The Policy became effective on February 13, 2004, 30 days after the final notice.

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 it establish any standards.

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


NOTICE OF ADOPTION OF AMENDMENTS TO HAZARDOUS WASTE MANAGEMENT REGULATIONS 6 NYCRR Sections 372.7 and 373-1.11

Notice is hereby given that the New York State Department of Environmental Conservation (NYSDEC), pursuant to Environmental Conservation Law Article 27, Title 7 and Title 9, has adopted amendments to 6 NYCRR Sections 372.7 and 373-1.11 to correct errors made when previously correcting and incorporating federal changes into the hazardous waste management regulations.

Regulatory language in section 373-1.11 regarding Remedial Action Plans (RAPs) is revised to clarify that the State's permitting process under 6 NYCRR Part 621 applies to RAPs.

6 NYCRR Section 372.7 is revised to make requirements for water (bulk shipments) at least as stringent as federal requirements.

These changes are effective April 10, 2004.

To obtain additional information, please contact Deborah Aldrich, NYSDEC, Division of Solid &Hazardous Materials, 625 Broadway, Albany, New York 12233-7250, faxed to: (518) 402-9024, (518) 402-8730.


Public Notice

The Department Of Environmental Conservation

Pursuant to 6 NYCCR Part 375 of the Environmental Conservation Law or notice requirements of §202 (1) of the State Administrative Procedure Act, or both such statutes, the Department of Environmental Conservation hereby gives notice of the following:

A public meeting and extension of the comment period for the Draft Remedial Action Work Plan (RAWP) for East 173rd Street Works (Starlight Park) Bronx Former MGP Site. The RAWP describes the proposed remedy which the New York State Department of Environmental Conservation (NYSDEC) and New York State Department of Health (NYSDOH) has found to be approvable for the site and it is now available for public review and comment. The comment period for this document has been extended until March 25th, 2004. The RAWP is available for review at the following locations:

Office of the Borough President
851 Grand Concourse
Bronx, NY 10451
(718) 590-3500

Soundview Branch
New York Public Library
660 Soundview Ave.
(718) 589-0880

West Farms Branch
New York Public Library
2085 Honeywell Ave.
Bronx, NY 10460
(718) 367-5376

Written comments will be accepted through Thursday, March 25, 2004 and may be submitted to the agency contact named below. Furthermore, a public meeting will be held on March 15, 2004 at 7 PM at James Monroe High School (1300 Boynton Ave.) To discuss the contents of RAWP.

Agency Contact: Douglas MacNeal
NYSDEC
625 Broadway 11th Floor
Albany, NY 12233-7014
Phone: (518) 402-9564
Fax: (518) 402-9679


Draft Construction NOI Comments

The New York State Department of Environmental Conservation (DEC) is updating the Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity Under State Pollutant Discharge Elimination System (SPDES) General Permit GP-02-01. This new and revised NOI has significant changes from the previous version issued on March 10, 2003. It has a different format, due mainly to the use of a new technology that will allow for handwriting recognition know as Intelligent Character Recognition (ICR). Another major difference from the previous version is that the new NOI will collect data and sizing criteria for water quality and quantity controls. This NOI, once finalized, will be phased in for use in 2004.

The DEC is making this draft document available for public comment. Interested parties may provide their comments to DEC via mail or email by March 26, 2004 to be considered in finalizing the document. Copies of the draft are available by contacting Kevin Malone at (518) 402-8235 or kmmalone@gw.dec.state.ny.us The document will also be available for download on the DEC website at http://www.dec.state.ny.us/website/dow/toolbox/swforms.html as soon as possible.

Mail comments to:

Kevin Malone New York State Dept. of Environmental Conservation Division of Water - 4th Floor 625 Broadway Albany, NY 12233-3505
E-mail: kmmalone@gw.dec.state.ny.us - Subject Line: Draft Construction NOI Comments


General SPDES Permit for Concentrated Animal Feeding Operations (CAFOs)

Notice of Availability for Comment and
Announcement of Public Information Meetings

The New York State Department of Environmental Conservation (the Department) proposes to issue and hereby makes available for comment a draft General SPDES Permit for Concentrated Animal Feeding Operations (CAFO). A CAFO is a Animal Feeding Operation (AFO) that is defined as a large CAFO or as a medium CAFO, or that is designated as a CAFO by the Department. Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals of an operation. Large and Medium CAFOs are defined as follows:

Large Concentrated Animal Feeding Operation (Large CAFO) means an Animal Feeding Operation (AFO) defined as a large CAFO if it stables or confines as many or more than the number of animals specified in any of the following categories:

a. 700 Mature Dairy Cows, whether milked or dry
b. 1,000 Veal Calves
c. 1,000 Cattle, other than mature dairy cows or veal calves (Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs)
d. 2,500 Swine, each weighing 55 pounds or more
e. 10,000 Swine, each weighing less than 55 pounds
f. 500 Horses
g. 10,000 Sheep or Lambs
h. 55,000 Turkeys
i. 30,000 Laying Hens or Broilers, if the AFO uses a liquid manure handling system
j. 125,000 Chickens (other than laying hens), if the AFO uses other than a liquid manure handling system
k. 82,000 Laying Hens, if the AFO uses other than a liquid manure handling system
l. 30,000 Ducks, if the AFO uses other than a liquid manure handling system
m. 5,000 Ducks, if the AFO uses a liquid manure handling system

Medium Concentrated Animal Feeding Operation (Medium CAFO) means an Animal feeding Operation (AFO) is defined as a medium CAFO if the type and number of animals that it stables or confines falls within any of the following ranges:

a. 200-699 Mature Dairy Cows, whether milked or dry
b. 300-999 Veal Calves
c. 300-999 Cattle, other than mature dairy cows or veal calves (Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs)
d. 750-2,499 Swine, each weighing 55 pounds or more
e. 3,000-9,999 Swine each weighing less than 55 pounds
f. 150-499 Horses
g. 3,000-9,999 Sheep or Lambs
h. 16,500-54,999 Turkeys
i. 9,000-29,999 Laying Hens or Broilers, if the AFO uses a liquid manure handing system
j. 37,500-124,999 Chickens (other than laying hens), if the AFO uses other than a liquid manure handling system
k. 25,000-81,999 Laying Hens, if the AFO uses other than liquid manure handling systems
l. 10,000-29,999 Ducks, if the AFO uses other than a liquid manure handling system
m. 1,500-4,999 Ducks, if the AFO uses a liquid manure handling system

and pollutants are discharged in one of the following ways:

An Animal Feeding Operation (AFO) is defined as a lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more animal feeding operations under common ownership are a single animal feeding operation if they physically adjoin each other, or if they use a common area or system for the disposal of wastes.

The General Permit focuses on two principal areas of water quality protection. First, there may be no discharge of process wastewater (as defined in the permit) from the animal feeding operation to surface waters of the State for storm flows less than the 25 year - 24 hour storm as defined by the National Weather Service. Second, the permittee must develop and implement an Comprehensive Nutrient Management Plan (CNMP in accordance with the Natural Resources Conservation Service (NRCS) - Conservation Practice Standard - Waste Management System No. NY312. In addition, the permittee and a certified Agricultural Environmental Management Planner must submit a certification to the Department that the CNMP was prepared in accordance with the NRCS CPS No. NY312.

Pemittees that are eligible for coverage under this permit will be able to obtain coverage by filing a Notice of Intent(NOI) with the Department. Existing facilities are covered by this permit until March 31, 2005. To continue permit coverage the permittee must submit a complete Annual Compliance Report (Appendix E) to the Department by March 31, 2005. New CAFOs must file an NOI within 30 days prior to commencing operation in order to discharge.

The Department retains the authority and discretion to determine that a CAFO may not be eligible for coverage under this permit and, as such, may require the CAFO to submit an application for coverage under an individual SPDES permit.

Pursuant to the State Environmental Quality Review Act, a negative declaration has been prepared and is on file.

Copies of the draft permit and other supporting information are available by calling Ms. Toni Cioffi at (518) 402-8109 or by e-mailing her at txcioffi@gw.dec.state.ny.us. The Department will also post the draft permit on the Department’s website at: http://www.dec.state.ny.us/website/dow/cafohome.html as soon as possible.

In addition, the Department will be conducting four information meetings during this public notice period. The purpose of these meetings is to answer questions about the draft CAFO General Permit and to help prepare participants who plan on submitting comments on the draft permit.

Public information meetings will be held at these locations and times:

Friday, March 12, 2004 1:30 p.m.
Syracuse-Liverpool Holiday Inn
441 Electronics Parkway
Liverpool, New York 13088
(Exit 37 off the NYS Thruway)

Tuesday, March 16, 2004 1:00 p.m.
Batavia Holiday Inn
Crystal Room
8250 Park Road
Batavia, New York 14020
(Exit 48 off the NYS Thruway)

Wednesday, March 17, 2004 1:00 p.m.
Canton Best Western
Laurentian Room
Route 11, 90 East Main Street
Canton, New York 13617

Friday, March 19, 2004 12:45 p.m.
New York State Department of Environmental Conservation
Public Assembly Room 129A and B 1st Floor
625 Broadway
Albany, New York 12233

Written comments on the draft permit may be submitted to the department at the address below until March 31, 2004.

Ms. Andrea Sheeran
Environmental Analyst
New York State Department of Environmental Conservation
Division of Environmental Permits
625 Broadway, Albany, New York 12233

Questions regarding the content of the draft general permit should be directed to:

Mr. Angus Eaton, P.E.
Section Chief, General Permits Section
New York State Department of Environmental Conservation
Division of Water
Bureau of Water Permits, 4th Floor
625 Broadway, Albany, New York 12233-3505
Telephone: (518) 402-8123

or

Mr. Jason C. Denno
Project Engineer
New York State Department of Environmental Conservation
Division of Water
Bureau of Water Permits, 4th Floor
625 Broadway, Albany, New York 12233-3505
Telephone: (518) 402-8121