Consolidated SPDES Renewals
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ENVIRONMENTAL BOARD MEETING
The State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., June 21, 2005 in Room 629 of the Departmentís main offices at 625 Broadway, Albany, New York.
The Environmental Board will consider the following rulemaking actions of the Department of Environmental Conservation:
This meeting is open to the public.
Ruth L. Earl
State Environmental Board
Notice of Availability of Draft Review Policy for PBS and CBS Applications
The New York State Department of Environmental Conservation (the "Department") has prepared a draft program policy to establish uniform procedures for the Departmentís processing of Petroleum Bulk Storage ("PBS") and Chemical Bulk Storage ("CBS") registration applications. The establishment of uniform procedures for processing such applications will advance the Departmentís goal of improving compliance in the first instance, thereby minimizing the number of facilities operating in violation of the regulations. In addition, the applications forms have been redesigned.
The policy sets forth a two level review process, depending upon whether information provided in an application and contained in the Departmentís records is sufficient to determine that the facility is in compliance with the applicable regulations. If an applications is incomplete or contains incorrect information, Department staff will return the application and fee to the owner with directions to complete and/or correct the application and resubmit within a stated period of time. If it appears that a facility is not in compliance with the regulations, a Tier 2 Review or on-site inspection of the facility will be conducted. In a Tier 2 review, the applicant must verify compliance, submit appropriate documentation, etc., with respect to each item for which the Department cannot make a determination. Violations identified by the Department (including the failure to have valid and current information on the registration certificate) are subject to enforcement.
Under these procedures, the Department will not issue a PBS or CBS registration or registration renewal certificate unless and until the application is deemed to be sufficient. Any PBS or CBS application or renewal application that fails to satisfy any of the foregoing requirements, as applicable, shall be deemed insufficient for purposes of Section 401 of the State Administrative Procedures Act. As such, a PBS or CBS registration certificate shall expire and not continue in effect where the owner fails to timely submit or resubmit a sufficient renewal application.
In accordance with Section 3-0301 of the Environmental Conservation Law, written comments regarding the Draft Policy will be accepted for thirty days after the date of publication of this Notice in the Environmental Notice Bulletin. Comments should be submitted to Russ Brauksieck, P.E., Chief, Spill Prevention and Bulk Storage Section, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020.
The Draft Policy is available on the Departmentís website at www.dec.state.ny.dec.state.ny.us/website/der or by writing or calling Mr. Brauksieck at New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020, (518) 402-9543. In addition, copies of the Draft Policy are available for public inspection in the Departmentís main office at the above address and in each of the Departmentís nine regional offices. For the next 30 days, these documents are also available on the Environmental Notice Bulletin website at www.dec.state.ny.us/website/.