ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Environmental Benefit Project Policy

The New York State Department of Environmental Conservation (Department) is revising its Environmental Benefit Project Policy (EBP Policy). The EBP Policy sets forth the Departmentís policy regarding the use of Environmental Benefit Projects (EBPs) in the context of enforcement actions.

The Departmentís EBP Policy was originally issued on August 3, 1995 and last revised on May 27, 1997. The current EBP Policy can be found at www.dec.state.ny.us/website/ogc/egm/ebp.html The proposed EBP Policy would supercede the current EBP Policy and any prior versions of it.

Proposed revisions to the current EBP Policy include modifying the nexus criteria that must be satisfied in order for the Department to approve an EBP, and removing the prohibition on public education projects being funded as EBPs.

A link to the draft revised EBP policy can be found on the Departmentís website at www.dec.state.ny.us/website/ogc/egm/index.html. A copy of the proposed revised policy may also be obtained through an e-mail request to ogcrec@gw.dec.state.ny.us, or through a written request to Andrew Kreshik, Regional Enforcement Coordination, Office of General Counsel, 625 Broadway, 14th Floor, Albany, NY, 12233-5500. Please refer any questions on the proposed revisions to the EBP Policy to the above contacts as well.

Written comments on the proposed revisions to the EBP Policy are encouraged. The Department will accept public comment concerning the new proposed EBP Policy for thirty days, from May 11, 2005 through June 11, 2005. The Department will review and consider all written public comments received. Please send comments on the revised EBP Policy to either ogcrec@gw.dec.state.ny.us or to Andrew Kreshik, Regional Enforcement Coordination, Office of General Counsel, 625 Broadway, 14th Floor, Albany, NY, 12233-5500.


Notice of Adoption

New York State Department of Environmental Conservation
6 NYCRR Part 200, General Provisions
6 NYCRR Part 219, Incinerators

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 19-0319 and 70-0109, the New York State Department of Environmental Conservation hereby gives notice of the following:

NOTICE OF ADOPTION OF RULE on April 15, 2005, to be effective May 21, 2005, amendments to 6 NYCRR Part 200, General Provisions, and 6 NYCRR Part 219, Incinerators.

The adoption of this rule is intended to incorporate NESHAPS contained in the most recent Code of Federal Regulations and to add a reference test method.

For further information, contact:
Edward Pellegrini
NYSDEC
Division of Air Resources
625 Broadway
Albany NY 12233-3254
Phone: (518) 402-8403
E-mail eapelleg@gw.dec.state.ny.us


Notice of TAGM Recision

Following review of its Technical Administrative Guidance Memoranda (TAGM), the Division of Solid & Hazardous Materials (DS&HM) in the New York State Department of Environmental Conservation (Department) has rescinded the following TAGMs. Rationale for recision specific to each TAGM is provided below:

SW-90-03 (Previous #3000)

Part 364 Application Review Procedure for Waste Transporters (effective 5/31/90). This TAGM was developed over a decade ago to provide guidance to staff on the processing and review of Part 364 applications. This guidance is outdated and no longer reflects current practices followed by the Department and DS&HM in processing Part 364 applications.

PES 92-04 (Previous #2005)

Commercial Pesticide Applicator Certification (effective 11/30/92). This TAGM is outdated. A new draft Program Policy to replace it is being prepared.

HW-93-12 (Previous #3035)

Preparing a TSD Billing List (effective 11/22/93). This TAGM is outdated and, therefore, no longer needed. In addition, it is redundant as it mainly repeats what is already in the law and regulations.

HW-93-13 (Previous #3034)

Regulatory Fee Challenge System (effective 12/23/93). This TAGM is outdated and, therefore, no longer needed. In addition, it is redundant as it mainly repeats what is already in the law and regulations.

HW-90-04 (Previous #3013)

Part 373 Permit Application Review (effective 5/31/90). The information contained in this TAGM is of no direct benefit to the regulated community as it consists of procedural guidance for program staff and did not need to be issued in the form of technical guidance for the regulated community. Staff will continue to utilize these procedures, where applicable, in the performance of their duties.

HW-91-08 (Previous #3020)

Public Notice of Part 373 Permits (effective 9/17/91). The information contained in this TAGM is of no direct benefit to the regulated community as it consists of procedural guidance for program staff and did not need to be issued in the form of technical guidance for the regulated community. Staff will continue to utilize these procedures, where applicable, in the performance of their duties.

HW-94-14 (Previous #3036)

Granting of Variances Under Part 373-1(e) (effective 7/6/94). The information contained in this TAGM is of no direct benefit to the regulated community as it consists of procedural guidance for program staff and did not need to be issued in the form of technical guidance for the regulated community. Staff will continue to utilize these procedures, where applicable, in the performance of their duties.

Contact:
NYSDEC
Division of Solid & Hazardous Materials
Michael Munson
Phone: (518) 402-8711


Public Notice

The New York State Department of Environmental Conservation (Department) has prepared the final DEC Program Policy on Compliance with Certain Provisions of Commercial Lawn Application Regulations in 6 NYCRR Part 325. This Policy takes effect 30 days from the date of this notice.

The purpose of the Policy is to provide the regulated community and Department staff with compliance measures to be taken to meet certain requirements of the commercial lawn application regulation in 6 NYCRR 325.40, which became effective January 1, 2004. The Policy focuses primarily on three areas regarding commercial lawn pesticide applications: contracts for services, visual notification markers and pesticide product label notification. One or more compliance measures are identified in the Policy for each requirement from 6NYCRR 325.40 addressed in the Policy, such as measures related to time frames for approximate and alternate dates of commercial lawn applications, identification of pesticides to be applied, and provision of product label information and date and time of application.

The Policy addresses certain regulatory requirements, which warranted attention in a program policy for further clarification and Department interpretation. The Policy is intended to assist the Department and regulated community in interpreting and applying the commercial lawn application regulations, facilitate regulated community compliance, and assist the Department in achieving uniformity in the commercial lawn application program throughout the State.

Written comments on the draft Policy, dated December 15, 2004, were accepted through January 14, 2005. A summary of the public comments received and the Departmentís responses to those comments are included in a Responsiveness Summary.

You may access the Policy on the Departmentís web site at http://www.dec.state.ny.us/website/dshm/pesticid/policy.html. You may obtain a copy of the Policy and the related Responsiveness Summary by contacting:

Mary A. Roy
Bureau of Pesticides Management
New York State Department of Environmental Conservation
11th Floor
625 Broadway
Albany, New York 12233-7254