ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of Final Rulemaking

New York State Department of Environmental Conservation
Repeal of Existing 6NYCRR Part 192 and Adoption of a New Part 192, Forest Insect and Disease Control

Pursuant to Environmental Conservation Law, Sections 1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m) and 9-1301(5), the New York State Department of Environmental Conservation hereby gives notice of the following:

To allow the planting of disease-resistant or immune cultivars of the genus Ribes.

For further information:

Jason Denham
NYS DEC
625 Broadway
Albany, NY 12233-4253
Phone: (518) 402-9425


Notice of Emergency Adoption And Proposed Rule Making Of Parts 10, 35, and 188 of Title 6 NYCRR

Pursuant to the Environmental Conservation Law, Sections 3-0301, 11-0303, 11-0305, and 11-0325, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making of Parts 10 - Sportfishing Regulations, 35 - Licenses, and 188 - Fish Health Inspection Requirements of Title 6 NYCRR. This notice will be published in issue 49 of the State Register, dated 12/6/2006.

For further information contact:

Shaun Keeler
N.Y.S. Department of Environmental Conservation
Division of Fish, Wildlife & Marine Resources
625 Broadway
Albany, NY 12233
Voice 518-402-8920
FAX 518-402-8925
sxkeeler@gw.dec.state.ny.us

Mary Bailey
Environmental Program Specialist
Wildlife Services
NYS Dept. of Environmental Conservation
625 Broadway
Albany, NY 12233-4754
518-402-8879
email: mebailey@gw.dec.state.ny.us


Notice Of Adoption Of Section 2.30 Of Title 6 NYCRR Relating To Migratory Game Birds

Pursuant to the Environmental Conservation Law, Sections 11-0303, 11-0307, 11-0903, 11-0905, 11-0909 & 11-0917, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption of Section 2.30 of Title 6 NYCRR relating to Migratory Game Birds. This notice will be published in issue 49 of the State Register, dated 12/6/2006.

For further information contact:

Bryan L. Swift
N.Y.S. Department of Environmental Conservation
Division of Fish, Wildlife & Marine Resources
625 Broadway
Albany, NY 12233-4754
Voice 518-402-8919
FAX 518-402-8925
blswift@gw.dec.state.ny.us


Public Notice

Notice of Program Policy Recision in the Division of Environmental Remediation

Notice is hereby given that the Division of Environmental Remediation (Division) in the New York State Department of Environmental Conservation (Department) rescinded the Program Policy entitled "Land Disposal Restrictions Phase IV Supplemental Rule (Revised): DER-6" on November 20, 2006. Rationale for recision of this policy document is provided below.

The guidance described enforcement directives (below) related to deferral to federal regulations pertaining to Phase IV Land Disposal Restrictions (LDR) supplemental and final rules.

One enforcement directive allowed the alternative LDR treatment standards for contaminated soils, established at 40 CFR 268.49, to be utilized in New York State in lieu of the then current standards of 6 NYCRR Part 376. Compliance with the federal standards was deemed compliance with applicable corresponding State standards. The Phase IV Supplemental Rule established treatment standards for soils that are contaminated with listed hazardous wastes and/or exhibit a characteristic of hazardous waste. The standards required that soils are treated to remove the characteristics of ignitability, corrosivity, and reactivity prior to land disposal, and provided that soils contaminated with listed hazardous wastes and/or that exhibit the characteristic of toxicity have the contaminant levels reduced by 90 percent or do not exceed ten times the Universal Treatment Standards (UTS).

Another enforcement directive temporarily deferred a portion of the LDR rules that apply to polychlorinated biphenyls (PCBs). Specifically, this statewide deferral exempted PCBs from the requirement that they be considered as an underlying hazardous constituent (UHC) subject to treatment in soils which exhibit the Toxicity Characteristic for metals only. This statewide deferral revised the above enforcement directive, which allowed the use of the Phase IV Supplemental Rule Standards for contaminated soils, and incorporated the federal rule deferring the Phase IV Standards for PCBs as a UHC in soils failing the toxicity characteristic leaching procedure (TCLP) test for metals in lieu of corresponding State requirements found at 6 NYCRR Part 376.

These enforcement directives were intended to remain in effect until such time that 6 NYCRR Parts 371 and 376 contain promulgated language analogous to related sections of 40 CFR Parts 261 and 268. The promulgated 6 NYCRR Part 376 (effective September 3, 2005) and 6 NYCRR Part 371 now include the analogous regulatory language. Thus, this program policy is no longer necessary and was rescinded.

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.