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Notice Of Public Hearings

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DIVISION OF SOLID & HAZARDOUS MATERIALS

PROPOSED AMENDMENTS TO 6 NYCRR PART 372 and SUBPART 373-1
RELATING TO PROJECT XL FOR PUBLIC UTILITIES

Notice is hereby given that the New York State Department of Environmental Conservation (Department), pursuant to the Environmental Conservation Law, will hold two legislative public hearings on the Department’s proposal to amend Part 372 and Subpart 373-1 of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York.

The rulemaking will address amendments to 6 NYCRR Part 372 (Hazardous Waste Management Regulations for Generators), and associated changes to Subpart 373-1 (Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements) to implement the Project XL pilot project.

Summary of Proposed Rulemaking and Statutory Authority: Pursuant to Article 3, Title 3; Article 27, Title 9 and Article 71, Title 27, this action will enable the Department to implement a pilot project under Environmental Protection Agency’s (USEPA) Project XL program. Project XL, which stands for "excellence in leadership", is a national initiative that tests innovative ways of achieving better and more cost-effective public health and environmental protection. Project XL encourages cleaner, cheaper and smarter ways to attain environmental results and provides regulated entities the flexibility to develop alternative strategies that will replace or modify specific environmental regulatory requirements on the condition that the strategies produce superior environmental performance. The Project XL for Public Utilities has been accepted into the USEPA’s Project XL Program and the Department continues to coordinate efforts with the USEPA and other stakeholders in this process to implement this innovative pilot project.

Current RCRA regulations generally require utility companies that generate hazardous wastes at remote locations (e.g., manholes and pipelines away from their staffed facilities) to transport such wastes directly to treatment, storage, or disposal facilities (TSDFs). Under this project and it’s site-specific rule, participating utilities will instead be able to transport the waste to off-site central collection facilities, where they may consolidate waste within 90 days. The project will: reduce the risk of hazardous waste releases at remote locations while avoiding traffic disruptions; allow the consolidation of similar wastes at central location facilities, which will reduce the number of vehicle trips to often distant TSDFs; and simplifies existing paperwork and reporting requirements. A portion of the cost savings realized by the utilities is required to be directed into one or more new environmentally beneficial projects.

Two legislative public hearings will be held as follows:

Date Time Location
February 1, 2005 2:00 p.m. Room 129 A/B
NYSDEC
625 Broadway
Albany, New York 12233
February 8, 2005 2:00 p.m. NYSDEC Region 2 Office
11-15 47th Avenue
Room 106 - Annex Building
Long Island City, NY 11101

These hearing locations are accessible to handicapped persons. Interpreter services shall be made available to deaf persons at no charge, upon written request within a reasonable time period prior to the scheduled hearing.

All persons, organizations, corporations, government agencies, etc. which may be affected by the proposed amendments are invited to attend the hearings and to submit either written or oral statements. The hearing session will continue until all persons wishing to make statements have been heard. Written statements received prior to or during each hearing session and oral statements made at each hearing session will be given equal weight. It is recommended that all statements be submitted in writing.

Written statements may be filed until close of business February 14, 2005 with Mark Moroukian, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 1223-7251, and can be faxed to Mr. Moroukian at 518-402-9024, or e-mailed to hwregs@gw.dec.state.ny.us.

The proposed amendments can be found on the Department’s web site at www.dec.state.ny.us under the Division of Solid & Hazardous Materials. To obtain additional information, please contact Mark Moroukian at (518) 402-8633.


Notice of Emergency Adoption

New York State Department of Environmental Conservation
6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program
6 NYCRR Part 238, Acid Deposition Reduction SO2 Budget Trading Program
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311, the New York State Department of Environmental Conservation hereby gives notice of the following:

Emergency Adoption of 6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program, 6 NYCRR Part 238, Acid Deposition Reduction SO2 Budget Trading Program, and amendments to 6 NYCRR Part 200, General Provisions to reduce emissions of NOx and SO2 from fossil fuel-fired electric generating sources statewide through market based cap-and-trade programs.

These amendments, necessary for the preservation of the health and general welfare, were adopted and effective upon filing with the Department of State on the 15th day of November, 2004, on an emergency basis as authorized by section 202(6) of the State Administrative Procedures Act.

For further information, contact:
Michael P. Sheehan, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3255
518 402-8396
E-mail mpsheeha@gw.dec.state.ny.us


Notice of 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:

NOTICE OF ADOPTION OF RULE on November 16, 2004, to be effective December 16, 2004, amendments to 6 NYCRR Part 200, General Provisions, and Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines.

The adoption of this rule is intended 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 and to make revisions to New York State’s alternative compliance plan.

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


Public Notice

Draft Amendment No. 1 to the FFY 2005 CWSRF Intended Use Plan
Supplemental Financing Program & Issuance Cost Revision

The Federal Fiscal Year (FFY) 2005 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September 2004, is being amended.

Amendment No. 1 to the FFY 2005 IUP discusses the proposed Supplemental Financing Program. This program will provide supplemental funds for the CWSRF which will allow long-term financing of projects in Categories A and B of the Annual Project Priority List that have a CWSRF short-term loan and need long-term financing by the end of the IUP financing period (September 30, 2005).

Amendment No. 1 revises the Finance Issuance Costs associated with processing a CWSRF long-term leveraged financing. The Direct Expenses portion of the Issuance Costs is being reduced from 1.2% to 1.0% of the amount being financed.

Amendment No. 1 also clarifies how the expiration dates for existing financial hardship letters will be determined for some applicants that have CWSRF short-term loans.

Copies of the draft amendment will be mailed to those applicants with projects on the IUP Annual Lists and to other interested parties. The Draft Amendment No. 1 will be available on the EFC web site at http://www.nysefc.org (click on “What’s New”). Copies of Draft Amendment No. 1 can also be requested by calling the EFC toll-free line at (800) 882-9721 (within NYS only) or at (518) 402-7433.

Written comments on Amendment No. 1 to the CWSRF IUP will be accepted by mail or fax until close of business, Friday, December 17, 2004. Comments should be addressed to:

Mr. David Morseman
Program Services Representative III
Division of Engineering and Program Management
NYS Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
FAX: (518) 402-7456