ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of TAGM Recision

Following review of its Technical and Administrative Guidance Memoranda (TAGM), the Division of Solid & Hazardous Materials (Division) in the New York State Department of Environmental Conservation (Department) has rescinded the following TAGMs:

• Tank testing (HW-91-05) (Previously #3024);
• Concrete Secondary Containment for Tank and Container Storage (HW-91-06) (Previously #3021);
• Requirements for Tank and Container Storage (HW-91-07) (Previously #3019); and
• Contained-In Criteria for Environmental Media (HW-92-10) (Previously #3028).

These guidance documents are all over 12 years old and the state-of-practice has evolved such that the existing guidance may cause confusion. Consequently, we no longer rely on these documents as they address complex technological and regulatory issues requiring careful evaluation of the current literature and regulations.

The Division intends to revise and update the above-listed guidance documents for posting in a web format by mid-spring 2006.

Contact: J. Michael Munson, NYS Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, 9th floor, Albany, NY 12233-7250, phone: (518) 402-8711.

Notice of Technical and Administrative Guidance Memoranda and Program Policy Recision in the Division of Environmental Remediation

Following review of its Technical and Administrative Guidance Memoranda (TAGMs) and Program Policies, the Division of Environmental Remediation (Division) in the New York State Department of Environmental Conservation (Department) rescinded the following TAGMs and Program Policy on November 22, 2005. These guidance and policy documents were rescinded because they were either outdated or replaced by other documents. Rationale for recision specific to each document is provided below.

• Procedures for Developing TAGMs (HWR-91-4000). As of May 29, 1996, Department procedures for developing program policies are covered under Commissioner Policy-1 (CP-1), which was subsequently revised and issued on March 24, 2005.
• Use of Inactive Hazardous Waste Disposal Site Numbers (SHW-87-4001). This has been combined with other internal guidance for Division staff use and it is not a Program Policy as defined in CP-1.
• Preparation of Annual "Short List" of Pre-qualified Consultants (HWR-93-4002). Short list is established in conjunction with Letter of Intent and Request for Qualifications.
• Guidelines for Entries to the Quarterly Status Report of Inactive Hazardous Waste Disposal Sites (SHW-87-4003). This report is no longer prepared by the Division.
• Insurance Requirements for Consultant & Construction Contracts and Title 3 Projects (HWR-89-4005). Insurance requirements are specified in the Requests for Proposals and contract documents.
• Consultant Contract Overhead Rates & Multipliers (HWR-88-4006). This information is determined during the Request for Proposal (RFP) process.
• Team Submissions in Responding to Requests for Proposals & Title 3 Projects (HWR-92-4009). This information is determined during the Request for Proposal (RFP) process.
• Roles & Responsibilities of the NYSDEC Regional Offices (HWR-92-4010). This has been combined with other internal documents for Division staff use and it is not a Program Policy as defined in CP-1.
• Contractor/Consultant Oversight Guidance- O&D Memo#88-26 (HWR-88-4011). O&D Memo #88-26 was rescinded by the Department.
• Health & Safety Training & Equipment (HWR-88-4016). This has been combined with other internal guidance on Health & Safety for Division staff use.
• Guidelines for Responding to FOIL Requests (HWR-88-4020). This has been combined with internal FOIL guidance for Division staff use and it is not a Program Policy as defined in CP-1.
• Start/End Definitions for Program Elements w/in Funding Sources (HWR-91-4021). This has been combined with other internal guidance for Division staff use and it is not a Program Policy as defined in CP-1.
• Citizen Participation Plan (HWR-89-4023). This has been replaced with internal Citizen Participation guidance for Division staff use.
• Subcontracting under Hazardous Waste Remediation Contracts (HWR-89-4028). This has been combined with internal contract guidance for Division staff use and it is not a Program Policy as defined in CP-1.
• Roles & Responsibilities of the Technology Section: Site-Specific Projects (HWR-90-4029). This is outdated. It has been combined with other internal documents for Division staff use and it is not a Program Policy as defined in CP-1.
• Project Manager & Contract Manager Responsibilities Under Standby Contract (HWR-90-4035). This has been combined with internal contract guidance for Division staff use and it is not a Program Policy as defined in CP-1.
• Contractor Appeals (HWR-90-4039). This information can be found in Appendix B of the contracts.
• Accelerated Remedial Actions at Class 2, Non-RCRA Regulated Landfills (HWR-92-4044). This is covered by the Environmental Protection Agency (EPA) landfill presumptive remedy.
• Priority Ranking System for Class 2 Inactive Hazardous Waste Sites (HWR-92-4047). This has been combined with other internal guidance for Division staff use and it is not a Program Policy as defined in CP-1.
• Payment Review Process (HWR-93-4050). This has been combined with internal contract guidance for Division staff use and it is not a Program Policy as defined in CP-1.
• Contract Conceptual Approval Process (HWR-94-4054). This has been combined with internal contract guidance for Division staff use and it is not a Program Policy as defined in CP-1.
• Contract Final Approval Process (HWR-94-4055). This has been combined with internal contract guidance for Division staff use and it is not a Program Policy as defined in CP-1.
• Environmental Restoration Projects (Brownfields) (DER-1). This has been replaced by the Environmental Restoration Program (ERP) Procedures Handbook.

Contact: Angela Chieco, New York State Department of Environmental Conservation, Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012; phone: (518) 402-9764.