ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Commissioner Policy CP-34 issued on Using EMSs and
Other Environmental Performance Improvement Tools in Department Programs

The New York State Department of Environmental Conservation (NYSDEC) has issued a Commissioner Policy CP-34, setting forth the manner in which Environmental Management Systems (EMS), and other environmental performance improvement tools, will be incorporated into NYSDEC programs. This policy was previously noticed in the October 8, 2003 version of the Environmental Notice Bulletin for public review and comment. The final policy will take effect in 30 days.

As defined in the policy, an EMS is a set of management processes, procedures, and auditable performance objectives that allows a facility to continuously analyze, control, and reduce the environmental impact of its activities, products, and services by utilizing pollution prevention measures, performing beyond minimum compliance levels, or integrating sustainable business practices. The EMS shall be implemented in a manner that ensures 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, through the implementation of pollution prevention, integration of sustainable business practices, and performing beyond minimum compliance levels. The policy authorizes the development of programs to: 1) 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.

The policy is available on the NYSDECís website at:www.dec.state.ny.us/website/ppu/ems/index.html

Copies of this policy may also be obtained by contacting the person indicated below. A responsiveness summary of written comments received during the public comment period is also available.

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


6NYCRR Section 180.9 - Notice of Emergency Adoption

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

Notice of Emergency Adoption for 6NYCRR Section 180.9 relating to fish dangerous to fish populations. This notice will be published in issue 16 of the State Register, dated 4/21/2004.

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
E-mail: wjcullig@gw.dec.state.ny.us


Public Notice

On October 22, 2003, the New York State Department of Environmental Conservation (Department) adopted revisions to 6 NYCRR Part 205 - the architectural and industrial maintenance (AIM) coatings regulation, which became effective on November 22, 2003. Compliance with the Volatile Organic Compound (VOC) standards in new Part 205 is set for January 1, 2005. A copy of revised Part 205 can be obtained at www.dec.state.ny.us/website/regs/part205.html

This notice is to inform small AIM coatings manufacturers (those that produce less than 3,000,000 gallons per year) that revised Part 205 contains a limited exemption for small manufacturers. The exemption allows small AIM coatings manufacturers to apply for additional time to come into compliance with the VOC standards in section 205.3 based on economic and/or technical infeasibility. While the January 1, 2004 due date for submitting exemption applications has passed, the Department is accepting applications for the exemption until May 14, 2004. This date is final and the exemption request must be complete in order to be considered for review by the Department.

The Department will review all exemption requests and make a determination whether to grant them. Please note that exemptions will be granted on an individual AIM coating basis. Therefore, for each AIM coating covered by an exemption application, the exemption application must contain the following information: (1) the coating name as it appears on the label; (2) the coating category of the coating (see section 205.3); (3) the VOC content of the coating; (4) the total quantity (gallons) manufactured for each of the three previous years; (5) documentation and analysis supporting the economic or technical infeasibility of meeting the VOC content limit for the coating; (6) a coating label that depicts the coating name with the VOC content (grams per liter, or pounds per gallon); (7) a material safety data sheet and; (8) a statement from a responsible official in the company certifying the accuracy and completeness of the information provided in the request.

Exemptions granted by the Department pursuant to Part 205 may remain in effect through December 31, 2007. Part 205 also allows for small AIM coatings manufacturers to request a three year extension to any exemption granted. Small AIM coatings manufacturers that intend to submit an exemption request need to contact Mr. Dan Brinsko at (518) 402-8396 (e-mail dsbrinsk@gw.dec.state.ny.us) prior to sending in any information. Please note that May 14, 2004 is the final deadline for submitting exemption requests since the Department must make all exemption determinations by June 1, 2004.


Notice Of Acceptance Of Draft Generic EIS

Statewide - The New York State Public Service Commission, as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed 03-E-0188 - Retail Renewable Portfolio Standards. Written comments on the Draft Generic EIS will be accepted until May, 14, 2004. The action involves adoption and implementation of a retail Renewable Portfolio Standard (RPS) in New York State. The action involves changes in policy, practices, and economic arrangements affecting the choice and development of new sources of electric generation to increase renewable energy supplies in New York State.

Contact: Christina Palmero, NYS Public Service Commission, 3 Empire State Plaza, Albany, NY 12223-1350, phone: (518) 474-1612, fax: (518) 474-5026.