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Public Hearing Notice For A Proposed Rulemaking On Dental Amalgam.

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

PROPOSED 6 NYCRR SUBPART 374-4 - STANDARDS FOR THE MANAGEMENT OF ELEMENTAL MERCURY AND DENTAL AMALGAM WASTES AT DENTAL FACILITIES AND ASSOCIATED CHANGES TO PART 364, PART 370 AND PART 371

Pursuant to Environmental Conservation Law Section 27-0926, as enacted by Chapter 506, Laws of 2002, the New York State Department of Environmental Conservation (NYSDEC) hereby gives notice of the following:

The NYSDEC will hold a public hearing on the proposed regulations to add a new Subpart 374-4 and associated changes to Part 364, Part 370 and Part 371, of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York.

The rulemaking will aid in the implementation of the amendments (Chapter 506, Laws of 2002) to Title 9 of Article 27 of the Environmental Conservation Law. 6 NYCRR Part 374 will be amended to add a new Subpart 374-4 establishing management standards for any dentist or dental practice that uses mercury or generates mercury-containing dental amalgam wastes. To help maximize the recycling of mercury-containing dental amalgam waste from dental wastewater, management standards in the regulations will require dental facilities to install, properly operate and maintain mercury amalgam separation and collection equipment. The regulation will also specify recycling requirements for elemental mercury and mercury-containing dental amalgam waste generated at dental facilities. Minor technical amendments will also be made to other 6 NYCRR Parts. 6 NYCRR Part 364 will be amended to clarify that elemental mercury and amalgam wastes from dental facilities are exempt from the waste transporter permitting requirements if sent for mercury recovery. 6 NYCRR Part 370 will be amended to add an "incorporation by reference" in regard to the ISO 11143 standard for dental amalgam separator equipment. 6 NYCRR Part 371 will be amended to renumber Part references to reflect the addition of a new Subpart 374-4.

The legislative public hearing will be held as follows:

Date: May 31, 2005
Time: 2:00 p.m.
Location: NYSDEC
Room 129 A/B
625 Broadway
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 hearing 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 the close of the public comment period or during the hearing session and oral statements made at the 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 June 6, 2005 with James Honan, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7253, and can be faxed to Mr. Honan at 518-402-8681, or e-mailed to dshmwrr@gw.dec.state.ny.us.

The proposed amendments can be found on the Department's web site at http://www.dec.state.ny.us. To obtain additional information, please contact James Honan at (518) 402-8705.


Negative Declaration

Delaware County - The Village of Margaretville Board of Trustees, as lead agency, has determined that the proposed revision of the Village Zoning Law §9.03 Signs, and Article 10 Definitions will not have a significant adverse environmental impact. The action involves the revision of the Village Zoning Law §9.03 Signs, and Article 10 Definitions. Clarifications were made as to what types of signs are permitted and set forth specific guidelines for “temporary signs”.

Contact: Patrick Davis, P.O. Box 577, Middletown, NY 12455, phone: (845) 486-2344, fax: (607) 586-1775, E-mail: middbldgzon@catskill.net.


Montgomery County - The Town Board of the Town of Amsterdam, as lead agency, has determined that the proposed building expansion for Wal-Mart Stores, Inc. will not have a significant adverse environmental impact. The action involves an addition of approximately 90,900 square feet of building to the existing retail facility, and associated parking lot modifications. The project is located at the intersection of New York State Route 30 and Miami Avenue in the Town of Amsterdam.

Contact: Thomas P. DiMezza, Town of Amsterdam, 283 Manny's Corner Road, Amsterdam, NY 12010, phone: (518) 842-7961.


Positive Declaration

Greene County - The Village of Catskill, as lead agency, has determined that the proposed Catskill Commons retail development may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves the site plan and a special use permit approval and all the permits and approvals necessary for the development and construction of 370,000 square feet of retail space with site amenities on 60 acres of land in the Village and Town of Catskill, NY. The action includes the demolition of 127,000 square feet of existing retail space (Ames Plaza). Infrastructure such as public water, sewer, natural gas and electric as well as any paved roadways, curbs, sidewalks, or off-site improvements associated with this project will also be constructed. The project is located on Route 9W and Boulevard Avenue in the Village and Town of Catskill, NY.

Contact: Alexander L. Betke, One Stueben Place, Albany, NY 12207, phone: (518) 449-8893.