ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Environmental Benefit Projects Policy

The New York State Department of Environmental Conservation (Department) has issued Commissioner Policy CP-37, "Environmental Benefit Projects 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. This policy will take effect on November 14, 2005.

The Departmentís EBP Policy was originally issued as Program Policy DEE-21 on August 3, 1995 and was last revised on May 27, 1997. This policy supercedes the current EBP Policy and any prior versions of it.

A link to the new EBP Policy can be found on the Departmentís website www.dec.state.ny.us/website/ogc/egm/index.html. A copy of the new EBP 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, N.Y., 12233-5500. Please refer any questions on the new EBP Policy to the above contacts as well.


New York State Department of State 41 State Street, 9th floor Albany NY, 12231
Environmental Protection Fund
New York State Quality Communities Program 2005-2006

Eligible applicants: Counties, Towns, Cities, Villages, Local Public Authorities, Public Benefit Corporations, Indian Tribes/Nations, and Not-for-Profit Corporations.

Funds are available for planning projects which revitalize downtowns, develop strong economies and protect environmental resources. Eligible applicants may apply for grants by submitting proposals that incorporate one or more of the following programs: Intermunicipal Growth, Community Growth, Community Open Space, Mountain Communities and Community Center.

Request for Applications and forms along with other pertinent information are available for downloading from the: Quality Communities Clearinghouse Web site: www.qualitycommunities.org,. For other information please call, 518-473-3355 or email QC@dos.state.ny.us.

Application Deadline has been extended to DECEMBER 5, 2005


Notice of Adoption for 6 NYCRR 6.1 and 6.2

Pursuant to the Environmental Conservation Law Sections 11-0303, 11-1101 and 11-1103, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption for 6 NYCRR 6.1 and 6.2 relating to beaver, river otter, mink and muskrat trapping seasons. This notice will be published in issue 42 of the State Register, dated 10/19/2005.

For further information contact:

Gordon R. Batcheller
Department of Environmental Conservation
625 Broadway
Albany, NY 12233-4754
Telephone: 518-402-8885
E-mail: grbatche@gw.dec.state.ny.us


Public Notice

Compliance Reporting for Architectural and Industrial Maintenance Coatings

On October 22, 2003, the New York State Department of Environmental Conservation (Department) adopted revisions to 6 NYCRR Part 205 - the Architectural and Industrial Maintenance (AIM) coatings regulation, which became effective on November 22, 2003. Compliance with the new reporting requirements in §205.5 went into effect on January 1, 2005. A copy of Part 205 can be found at www.dec.state.ny.us/website/regs/part205.html. Pursuant to §205.5 a manufacturer who sells its products in New York State is required to maintain records for a period not less than five years and make them available to the Department. This notice is to inform AIM coatings manufacturers who supply, sell or offer for sale their products in New York State, that the Department will be making a request for these records in January 2006. This request will include only those products marketed for sale during the 2005 calendar year.

According to §205.5(a), a manufacturer must maintain records which:

(1) clearly list each product by name (and identifying number, if applicable) as shown on the product label and in applicable sales and technical literature;
(2) the Volatile Organic Compound (VOC) content as determined in §205.6 of this Part;
(3) the name(s) and Chemical Abstract Service (CAS) number of the VOC constituents in the product;
(4) the dates of the VOC determinations; and
(5) the coating category and applicable VOC content limit.

In addition to these records, a responsible official of the company must, upon request, provide information concerning the sales and distribution of coatings subject to a VOC content limit in §205.3(a). See §205.5(b). This information is delineated in the regulation and includes, but is not limited to:

(1) the name and mailing address of the manufacturer; the name, address and telephone number of the contact person;
(2) the name of the product as it appears on the label and the coating category in §205.3(a) under which it is regulated;
(3) whether the product is marketed for interior or exterior use or both; the number of gallons sold in New York State in containers greater than one liter and less than one liter;
(4) the actual VOC content and VOC content limit in grams per liter; the names and CAS numbers of the VOC constituents in the product; and,
(5) the names and CAS number of any compounds in the products specifically identified exempted under §200.1(ci) of Title 6 NYCRR.

The Department is undertaking this effort in connection with two recent federal actions Ė 70 Fed. Reg. 51694 (August 31, 2005) and 70 Fed. Reg. 54046 (September 13, 2005) Ė issued by the United States Environmental Protection Agency (EPA). In the first federal register notice, EPA is asking States and industry to provide more recent data on AIM coatings in order to evaluate current State regulatory programs and assess new regulatory initiatives. In the second notice, EPA has recommended that States improve emissions inventory information by collecting specific product data to evaluate any possible future programs (federal or State) which may be based upon a reactivity approach. The information from the Departmentís request will be used to better understand your current compliance status, establish a current baseline for emissions inventory purposes and from which to calculate emission reductions, and to provide information necessary to make decisions on any new State regulatory initiatives.

The Department plans to send an official request for information that will include the reporting format(s) to be used in January 2006. Pursuant to §205.5, manufacturers will have 90 days to provide the requested information. We are giving advanced notice of our intentions at this time, however, so that AIM coatings manufacturers will have ample time to comply with our request in a timely and complete manner. Please be advised that failure to respond to the Departmentís request for information will constitute a violation of Part 205 and is enforceable as a matter of federal and State law.

At this time, the Department is asking company responsible officials to advise us in writing if your AIM coatings are not supplied, sold or offered for sale in New York; or to provide a contact person name and address for future mailings. The Department has devised a form that can be used for this purpose, visit ftp://ftp.dec.state.ny.us/dar/library/forms/aimccr.pdf to obtain a copy for submittal. Once completed, the form may be faxed to Mr. Dan Brinsko at 518/402-9035. Please feel free to contact Mr. Brinsko at (518) 402-8396 (e-mail dsbrinsk@gw.dec.state.ny.us) for any questions with respect to this matter.