ENB - STATEWIDE NOTICES

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Public Notice

The New York State Department of Environmental Conservation is planning to propose amendments to Part 616 of its regulations Ė Access to Records. These regulations govern the Departmentís response to Freedom of Information requests. Because the Legislature recently amended the Stateís Public Officers Law (POL) - Freedom of Information Law (FOIL) to address access to information concerning critical infrastructure, the Department is proposing to revise its regulations to conform with those changes contained in POL § 89(5)(1-a). As part of this same rulemaking process, the Department intends to clarify provisions concerning access to trade secrets to make this language consistent with law. In addition, these amendments will add provisions contained in the Personal Privacy Protection Act to clarify how documents controlled by this statute are protected by Department personnel and to correct outdated content contained in the regulations. The proposed amendments also clarify that the Records Access Officer serves as the Departmentís Privacy Compliance Officer.

Should you have any questions regarding these proposals or wish to receive copies of the draft regulations, please contact: Helene G. Goldberger at (518) 402-9003 or at hggoldbe@gw.dec.state.ny.us.


Notice Of Public Hearing

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

PROPOSED REVISIONS TO 6 NYCRR PART 372, SUBPARTS 360-1, 360-14, 374-2, AND APPENDIX 26 RELATING TO USED OIL MANAGEMENT

Notice is hereby given that the New York State Department of Environmental Conservation (Department), pursuant to the Environmental Conservation Law, will hold one legislative public hearing on the Departmentís proposal to revise Part 372 and Subparts 360-1, 360-14, 374-2, and Appendix 26 of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York.

This rulemaking updates used oil regulations to implement amendments (Ch.152, Laws of 1995) to Title 23 of Article 23 of the Environmental Conservation Law and to implement provisions derived from the federal used oil regulations, 40 CFR 279, that either had not been adopted previously, or that had been added to federal regulations since the Departmentís previous used oil rulemaking. The rulemaking will also restructure the regulation so that management standards for all used oil facility types will be in Subpart 374-2, while Subpart 360-14 will have permitting requirements.

Summary of Proposed Rulemaking and Statutory Authority: Pursuant to Article 3, Title 3; Article 23, Title 23; and Article 27, Titles 7 and 9, this action will enable the Department to update, revise, reformat, and restructure regulations pertaining to used oil management. Reorganizing and restructuring existing Subparts 360-14 and 374-2, placing all technical and management standards derived from 40 CFR 279 into the latter Subpart, will improve the readability of the regulations and decrease confusion. New Subpart 374-2 will also include all substantive requirements necessitated by Title 23 of Article 23 of the ECL, including amendments to the statute that were added since the last revision of the used oil regulations. New Subpart 360-14 will cover only requirements relating to Part 360 permitting of facilities. Revised Subpart 360-1 will update the reference to Federal RCRA-based regulations, including 40 CFR 279. 360-1 will also be revised to update its applicability. 6 NYCRR Appendix 26 and the reference to this Appendix in paragraph 372.1(e)(8) are deleted as they are out of date.

The legislative public hearing will be held as follows:

Date:
March 30, 2005
Time:
2:00 p.m.
Location:
NYSDEC
625 Broadway - Room 129 A
Albany, New York 12233

This hearing location is 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 April 4, 2005 with David OíBrien, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7251, and can be faxed to Mr. OíBrien at 518-402-9024, or e-mailed to hwregs@gw.dec.state.ny.us.

The proposed amendments can be found on the Departmentís web site at www.dec.state.ny.us.


Water Quality Improvement Project - Call for Projects

Clean Water Projects - State Fiscal Year 2004/05 Information for Applicants and Applications for State Assistance Payments for Water Quality Improvement Projects

The New York State Department of Environmental Conservation (Department), has issued State Fiscal Year 2004/05 (SFY 2004/05) application materials for use by municipalities and Soil and Water Conservation Districts in applying for state assistance payments toward the cost of Water Quality Improvement Projects in the following funding categories: Peconic Estuary and South Shore Estuary Reserve, Long Island Sound, Statewide Nonpoint Source, Municipal Separate Storm Sewer Systems (MS4s) Phase II Stormwater Permit Implementation, and the Hudson River Swimmable Goal. Pursuant to the State Environmental Quality Review Act, the Department has determined that this action will not result in any significant environmental impacts.

Statewide, the Environmental Protection Fund will provide $10.8 million for nonpoint source abatement and control projects and for assistance to regulated communities across the state with implementation of Stormwater Phase II permit requirements.

On Long Island, $6.7 million from the 1996 Clean Water/Clean Air Bond Act will be available for municipal wastewater treatment, nonpoint source abatement and control, and aquatic habitat projects in the Peconic Estuary and the South Shore Estuary Reserve management plan areas. The federal Long Island Sound Restoration Act is providing $2.5 million for wastewater treatment, nonpoint source abatement and control, aquatic habitat restoration, assessment and planning activities to implement the Long Island Sound Comprehensive Conservation Management Plan.

For the Hudson River, applications are being accepted for priority activities that will help restore the water quality of the Hudson River as outlined in the Hudson River Estuary Action Plan. Funding for the Hudson River would be available for activities to achieve Governor Patakiís 2009 goal of making the Hudson River suitable for swimming, from its source in the Adirondack Mountains all the way to New York City.

The application materials consist of:

(1) A booklet entitled 2005 Information for Applicants which applies to Water Quality Improvement Projects noted above. This booklet contains information on applicant and project eligibility, evaluation factors, selection processes, state assistance payments and local share. It also contains definitions and summaries of the management plans referenced in the Bond Act and information on other funding opportunities of interest; and

(2) An application form entitled Application for State Assistance Payments that must be used to apply for water quality improvement projects.

Application materials for Water Quality Improvement Projects have been mailed to each municipality in the state. Copies are also available by calling the Departmentís Division of Water at (518) 402-8251 or visiting DECís website at www.dec.state.ny.us. All project applications must be postmarked by April 29, 2005.