ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Adoption

New York State Department of Environmental Conservation
6 NYCRR Part 225-4, Motor Vehicle Diesel Fuel
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, 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 April 6, 2005, to be effective May 8, 2005, amendments to 6 NYCRR Part 200, General Provisions, and 6 NYCRR Part 225-4, Motor Vehicle Diesel Fuel.

The adoption of this rule is intended to establish a backstop to federal motor vehicle diesel fuel sulfur content regulations.

For further information, contact:
David Barnes
New York State Department Of Environmental Conservation
Division of Air Resources
625 Broadway
Albany NY 12233-3255
Phone: (518) 402-8292
E-mail dlbarnes@gw.dec.state.ny.us


Public Notice

New York State Department of Environmental Conservation Announces Second Annual Environmental Excellence Awards

Applications Available

Applications are now available for New York Stateís Second Annual Environmental Excellence Awards. This award program recognizes New Yorkís environmental leaders who are solving environmental challenges through innovative and environmentally sustainable practices or creative partnerships. Eligible applicants include: businesses, non-governmental organizations, government/municipalities (local, state and federal) and individuals.

Review criteria will include: the overall environmental benefits; the overall economic benefits; the innovations in technology, increase in sustainability or creative partnerships created or strengthened by the project; the demonstration of leadership and management commitment; the demonstration of transferability and the demonstration that practices go beyond minimal environmental compliance. In order to be considered for an award, an applicant must be in compliance with New York Environmental Conservation Law, applicable permits and local laws.

Important: The awards are scheduled to be presented in the fall of 2005. Applications must be postmarked by July 1, 2005.

The application package is available through the DECís website: www.dec.state.ny.us, by clicking on "Highlights" or by looking under the "Subject Index" or by doing a search for "Environmental Excellence Awards."

Anyone interested in obtaining more information about the application and criteria for the awards, should contact Michelle Hinman at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone: (518) 402-9469, fax: (518) 402-9168, email mjhinman@gw.dec.state.ny.us.


Public Notice

Proposed Designation of Bird Conservation Areas

The New York State Department of Environmental Conservation (DEC) is proposing designation of a new Bird Conservation Area (BCA) in accordance with Article 11 of the Environmental Conservation Law (ECL ß 11-0539 , 11-2001 and 11-2003). The BCA program provides a comprehensive, ecosystem approach to conserving birds and their habitats on state-owned lands and waters. It also provides for education and research opportunities related to birds and their habitats. Designation of the BCA will not affect existing recreational activities.

Legislative amendments to the BCA program enacted in 2002 require public notice of any proposed designations with a 30-day public comment period following publication of the notice. At this time, DEC proposes designation of Lake Ontario Islands BCA as a new Bird Conservation Area. Thirty BCAs have been designated by DEC and the New York State Office of Parks, Recreation and Historic Preservation since the law was enacted in 1997.

The Lake Ontario Islands Bird Conservation Area, consisting of the Lake Ontario Islands Wildlife Management Area (WMA), is situated in the eastern basin of Lake Ontario. The BCA is comprised of four parcels including all of Little Galloo (43 acres) and Gull Islands (1 acre), and two holdings on Galloo Island (20 acres). Little Galloo Island is a spectacular colonial waterbird rookery with one of the largest Ring-billed Gull colonies in North America, and New York's only Caspian Tern colony. Double-crested Cormorant, Herring Gull, Great Black-backed Gull and Black-crowned Night Heron also nest on the island. Gull Island is also used by nesting colonial waterbirds and contains a stable population of Black-crowned Night-Heron and Herring Gull. The two parcels on Galloo Island are former Coast Guard properties which include an old lighthouse site on the southwest end of the island and on old Coast Guard station on the east side of the island. Use of the Lake Ontario Islands BCA by shorebirds and waterfowl is primarily limited to migration with significant use of adjacent shallow water habitats by waterfowl, and some resting/feeding activity by shorebirds. Little Galloo is designated as an Important Bird Area by the National Audubon Society. The Eastern Lake Ontario Islands, and their adjacent shoals, are designated a "Significant Coastal Fish and Wildlife Habitat" by the New York State Department of State.

Lake Ontario Islands BCA meets eight of the criteria necessary to be designated. It is a waterfowl concentration site, pelagic seabird concentration site, shorebird concentration site, wading bird concentration site, diverse species concentration site, individual species concentration site, species at risk site, and bird research site.

DEC will accept comments on the proposed BCA during a 30-day public comment period which ends May 20, 2005. Comments or questions should be addressed to John Ozard, Nongame and Habitat Unit, DEC, 625 Broadway, Albany, NY 12233-4754, phone (518) 402-8905; fax: (518)-402-8925; e-mail: jwozard@gw.dec.state.ny.us

Additional information on the BCA program and other sites that have been designated can be found on the BCA website at: www.dec.state.ny.us/website/dfwmr/wildlife/bca/


Public Notice

PART 204 NOx ALLOCATIONS - YEAR 2008

The New York State Department of Environmental Conservation, has completed Part 204 NOx allocations for the Year 2008. These allocations were sent to USEPA for processing and publication on itís Clean Air Markets website. USEPA has posted these allocations on the Clean Air Markets website http://www.epa.gov/airmarkets/tracking/nats/transactions.html.

Contact: Ajay Shroff, P.E., New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, phone: (518) 402-8403.


Public Notice

Intent to Approve DaimlerChrysler Corporationís Alternative Compliance Plan for Meeting NYSDEC 6 NYCRR Part 218-4 Zero Emission Vehicle Requirements

DaimlerChrysler Corporation (DCC) has submitted a proposed Alternative Compliance Plan (ACP) in accordance with the provisions of subpart 218-4.2 for the generation of Zero Emission Vehicle (ZEV) credits for compliance with New York Stateís ZEV mandate. The New York State Department of Environmental Conservation (Department) proposes to approve that plan. The proposed plan includes information claimed by DCC as business confidential. Therefore, a summary of the proposal is included, as described below.

Summary of DaimlerChrysler Corporation Alternative Compliance Plan.

DCC has proposed that its compliance with the requirements of the ACP are based on its expected utilization of the alternative compliance option in California that permits a manufacturer to meet ZEV requirements with Advanced Technology (AT) Partial Zero Emission Vehicles (PZEV) vehicles or credits from AT PZEVs. DCC has indicated that it intends to place additional Fuel Cell Vehicles into service in California during the period of the ACP, generating additional credits in New York.

DCC has earned ZEV credits in New York from early introduction of ZEVs in New York. Pursuant to the provisions of 218-4.2 and California regulations, DCC has also earned ZEV credits in New York from early introduction of fuel cell vehicles in California.

DCC, in conjunction with Global Electric Motors, has placed into service in New York 4,896 Neighborhood Electric Vehicles (NEVs) in 2000-2004. In addition, DCC has indicated that it intends to place additional NEVs into service in New York during the period of the ACP. The NEVs have been, and will continue to be placed into service for various private, commercial, and governmental applications, including campgrounds, parks, office campuses, etc.

DCC has introduced PZEV certified vehicles to the New York market starting in 2004. DCC has projected expanding the PZEV product line to include other models during the period of the ACP. In addition, DCC has projected introducing AT PZEV certified vehicles to New York during the period of the ACP.

PZEV certified vehicles are vehicles which are certified to Super Ultra Low Vehicle tailpipe emissions standards, meet Californiaís zero evaporative emissions standards, and are provided a 150,000 mile emissions system warranty. AT PZEVs are vehicles which meet all of the criteria of PZEVs, and also contain advanced technology componentry, including, but not limited to, hybrid drive systems.

DCC has committed to offering for sale or lease in New York any advanced technology vehicle models that DCC sells in California during the term of the ACP.

DaimlerChrysler Corporation will earn Zero Emission Vehicle credits through the conduct of this alternative compliance plan. Credits earned will be sufficient to offset requirements for ZEV credits under the ZEV mandate included in 218-4.1 and 218-4.2. In addition, under this Alternate Compliance Plan, DCC will earn sufficient credits to carry forward into future years, after the term of this ACP, to be used as determined by DCC, in accordance with applicable regulations.


Statewide Trails Council Meeting

Date: May 21, 2005
Time: 11:00 - 3:00
Location: Peebles Island State Park
Waterford, NY

Agenda includes updating of State agency trail related projects, ATV legislation, standards and other trail issues.

If you have any questions please give me a call:
Robert W. Reinhardt
Director of Planning
State Trails Coordinator
Phone: (518) 474-4015


Meeting Notice

Invasive Species Task Force Meeting # 5

The fifth meeting of the Invasive Species Task Force (ISTF) will be a two-day meeting in Ithaca. It will convene from 10:00 to 4:30 on May 5th at the Cornell Lab of Ornithology. The ISTF is a seventeen-member task force which is charged with assessing the problems associated with invasive species throughout New York State and reporting both findings and recommendations to Governor Pataki and the Legislature by November 2005. The ISTF was created by legislation signed by Governor Pataki in July 2003.

On Day 1, the agenda will include: a description of Sea Grantís Invasive Species Clearinghouse; the role of the Invasive Plant Council; a description of "first detector" and diagnostic programs; and a detailed review of the preliminary draft of the Final Report. On Day 2, we will visits sites around Ithaca and at Cornell University to learn about: sea lamprey control; research on biocontrol of invasive plants; and testing for Chronic Wasting Disease.

Contact: Lynette Stark
New York State Department of Environmental Conservation
Phone: (518) 402-8560

Rick Zimmerman
New York State Department of Agriculture and Markets
Phone: (518) 457-0752