ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Proposed NYSDEC Section 401 Water Quality Certification
for
US Army Corps of Engineers March 2007 Nationwide Permits

The New York State Department of Environmental Conservation (NYSDEC) proposes to issue a Section 401 Water Quality Certification to the US Army Corps of Engineers for its current suite of Nationwide Permits (NWPs). The NWPs were published in the March 12, 2007 Federal Register and became effective March 19, 2007. Section 404(e) of the Clean Water Act provides the Corps the statutory authority to issue NWPs for activities involving discharge of dredged or fill material into waters of the United States.

The Department's proposed Section 401 Water Certification will approve some NWPs, many with conditions and restrictions, and will deny others. Projects meeting the criteria of NWPs authorized by NYSDEC's Section 401 Water Quality Certification may be carried out with no further review from NYSDEC, unless other regulatory approvals are required by the action. The restrictions and conditions proposed for some NWPs limit authorized activities, or specify the circumstances under which certification is applicable. Activities unable to meet these restrictions and conditions will require individual Water Quality Certification from the NYSDEC. Activities carried out under Nationwide Permits denied Section 401 Water Quality Certification will also require individual Water Quality Certifications.

Pursuant to federal regulations, the Department must render a Section 401 Water Quality Certification decision on the Corps of Engineers' Nationwide Permits within 60 days of publication in the Federal Register. Accordingly, the Department will make a final determination on the Section 401 Water Quality Certificate no later than May 11, 2007.

A copy of the Draft Section 401 Certification can be reviewed on the NYSDEC website at www.dec.state.ny.us/website/dcs/index.html or by calling the Department's Contact Person at:

John Ferguson
Division of Environmental Permits
625 Broadway, 4th Fl.
Albany, New York 12233-1750
518/402-9167

Comments on the Draft WQC must be submitted in writing to the Contact Person no later than May 2, 2007.


Positive Declaration And Notice Of Acceptance Of Draft Supplemental EIS And Public Hearing

Pursuant to Article 8 of the Environmental Conservation Law, the New York State Department of Environmental Conservation (Department), as lead agency, has determined that the proposed use of registered herbicides containing the active ingredient triclopyr, trademark Renovate, to control aquatic vegetation in waters of New York State, under the Department Aquatic Pesticide Permit Program, may have a significant adverse impact on the environment and a Draft Supplemental Environmental Impact Statement (DSEIS) has been prepared.

The Bureau of Pesticides Management is responsible for the administration of the Aquatic Pesticide Permit Program in New York, under the authority granted by Article 15-0313(4) of the Environmental Conservation Law (ECL) and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 327, 328 and 329.

A Generic Environmental Impact Statement (GEIS) was prepared by the Department in 1981 to address environmental impacts of using pesticides that were registered for use at that time. This supplement to the GEIS will address the potential environmental impacts from the use of the subsequently registered herbicides containing the active ingredient triclopyr, trademark Renovate, to control aquatic vegetation in waters of New York State.

As an involved agency you are encouraged to review and comment on the DSEIS. Hard copies of the DSEIS will be available to the public at each Regional NYSDEC office. The DSEIS may be viewed at the following websites:

Report: http://www.sepro.com/documents/nyseis.pdf
Appendices: http://www.sepro.com/documents/nyseis_appendices.pdf

A copy of the DSEIS may also be requested by mail or phone from the contact person. Comments to the contact person will be accepted by mail or email until close of business on May 9, 2007.

There will also be one public hearing to receive oral or written comments at the following date, time and location:
April 25, 2007, at 10:00 AM, in the Stedman Room, at the William K. Sanford Town Library, at 629 Albany Shaker Road, in Loudonville. (518) 458-9274

The location of the public hearing is reasonably accessible to persons with mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon request to the contact person received at least 10 days prior to the hearing.

Contact: Martin C. Williams
New York State Department of Environmental Conservation
Bureau of Pesticides Management
625 Broadway
Albany, NY 12233-7254
(518) 402-8781
mxwillia@gw.dec.state.ny.us


Notice of Emergency Adoption

New York State Department of Environmental Conservation
6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings

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

Emergency Adoption amending 6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings, to eliminate the small manufacturers’ exemption and establish a sell-through end date to eliminate the unlimited sell-through of non-complying coatings manufactured before January 1, 2005.

This amendment, necessary for the preservation of the health and general welfare, was adopted and effective upon filing with the Department of State on the 15th day of March, 2007, on an emergency basis as authorized by section 202(6) of the State Administrative Procedures Act.

For further information, contact:

Daniel S. Brinsko, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3251
518 402-8396
E-mail 205aim@gw.dec.state.ny.us


Public Notice

Notice of Availability of Draft Program Policy for Five-Year Inspection of Plastic Tanks

Notice is hereby given that the New York State Department of Environmental Conservation (Department) has prepared a draft program policy regarding guidance on the five-year inspection of homogenous plastic tank systems used as aboveground storage tanks in the Chemical Bulk Storage (CBS) program.

Homogeneous plastic tanks are tanks that are molded in one-piece seamless construction using a single plastic material. This excludes tanks constructed of fiber-glass. 6 NYCRR 598.7(d) requires (amongst other things) that all aboveground tanks be inspected in accordance with a consensus code or practice. This guidance is intended to assist operators in complying with the requirements of 6 NYCRR 598.7(d) of the CBS regulation. In addition, this guidance will ensure that compliance reviews of five-year inspections by Regional CBS inspectors are conducted uniformly in each of the Department’s nine regions.

Pursuant to ECL §3-0301(2)(z), written comments regarding this draft policy will be accepted for 30 days after the date of publication of this Notice in the Environmental Notice Bulletin. Comments should be submitted to Mr. Akwa Ebong, Spill Prevention and Bulk Storage Section, Bureau of Technical Support, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020 or e-mailed to derweb@gw.dec.state.ny.us

The Draft Policy is available by writing Mr. Akwa Ebong at the address above or calling (518) 402-9553. A copy may also be found on the Department’s website at www.dec.state.ny.us/website/der/index.html#new.


Public Notice

DEC ANNOUNCES AVAILABILITY OF ENVIRONMENTAL JUSTICE GRANTS
Funding for Communities to Help Assess and Address Environmental Harms and Risks

The New York State Department of Environmental Conservation (DEC) today announced the availability of 2007 State assistance funding under the Environmental Justice Community Impact Research Grant program.

Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies. Environmental justice efforts focus on improving the environment in under served communities, specifically minority and low-income communities, addressing disproportionate adverse environmental impacts that may exist in those communities, and ensuring meaningful public participation and environmental benefits.

The Environmental Justice Grants are being made available to local groups that address environmental and/or related public health problems in their communities. Applicants must be located in their proposed project area and must have over 50 percent of their members living in that area. Each applicant community group must either be a Not-For-Profit Corporation (NFP) or partner with an NFP that will act as the financial agent for the group.

Eligible grant projects must address the exposure of communities to multiple environmental harms and risks and include research and education components. Grants will range from the minimum amount of $2,500 to the maximum amount of $25,000. DEC will determine the amount of the grant award based on the scope of the project identified in the application. In 2006, more than $220,000 in funding was awarded. For 2007, nearly $800,000 in grant funding is available.

Projects that could be eligible for Environmental Justice Grants include but are not limited to: community inventories of industrial, municipal, or commercial facilities; assessment and removal of mercury in schools; mobile source emission tracking and monitoring; demonstration projects such as green rooftops and alternative energy projects; research into harms and risks to subsistence fishing populations that use waterways restricted for fish consumption; or projects to identify industrial, commercial or municipal processes that result in pollution, and monitoring the impacts on a community. All research projects must be used to expand the community's knowledge and understanding of how to mitigate exposure to environmental impacts and improve quality of life.

Grant applications are available from the DEC Office of Environmental Justice by calling 1-866-229-0497 or by visiting the DEC website at www.dec.state.ny.us/website/ej/ejgrant2007.html . Applications are due on Tuesday, July 17, 2007. Additional information, including frequently asked questions will also be posted on the DEC Website.

For technical assistance information or general application questions, contact: Monica Kreshik, Environmental Justice Coordinator or Douglas Morrison, Environmental Program Specialist at the DEC Office of Environmental Justice, 625 Broadway, Albany, New York, 12233-1500. Toll free: 1-866-229-0497, Telephone: 518- 402-8556, email: ej@gw.dec.state.ny.us .


Public Notice

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

"CLEAN DATA PETITION - 1-HOUR OZONE NONATTAINMENT AREAS - ALBANY-SCHENECTADY-TROY,NY; JEFFERSON CO., NY; ESSEX CO., (WHITEFACE MTN.), NY; AND BUFFALO-NIAGARA, NY"

Notice is hereby given that the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (Department) plans to submit a clean data petition to the United States Environmental Protection Agency (EPA) for four areas in New York State that were designated nonattainment for the 1-hour ozone national ambient air quality standard (NAAQS).

On January 6, 1991, EPA promulgated designations for the 1-hour ozone NAAQS (56 FR 56694). On July 18, 1997, EPA promulgated a regulation replacing the 1979 1-hour ozone standard (0.120 ppm, measured in hourly readings) with an 8-hour standard at a level of 0.080 ppm, averaged over eight hours. On July 18, 1997, EPA also promulgated regulations providing that revocation of the 1-hour ozone NAAQS would occur on an area-by-area basis when EPA determined that an area was meeting the 1-hour ozone NAAQS. On January 16, 1998, EPA issued a direct final rule (63 FR 2726) which identified ozone areas to which the 1-hour standard will cease to apply because they have not measured a current violation of the 1-hour standard. On July 26, 2005 (70 FR 44470), EPA issued a final rule identifying the designation and classification status of areas in the US covered by the 1-hour ozone NAAQS. However, Phase 1 of EPA's rule implementing the 8-hour ozone standard, which established that the existing 1-hour standards would be revoked on June 15, 2005, was vacated by the U.S. Supreme Court on December 22, 2006. Of the six areas in New York State that were designated nonattainment, air quality monitors in four of them - Albany-Schenectady-Troy, NY; Essex Co., (Whiteface Mtn.), NY; Jefferson Co., NY; and Buffalo-Niagara, NY - now monitor attainment of the NAAQS.

The following table contains complete, quality assured 2004 - 2006 1-hour ozone design values that are certified by the New York State Department of Environmental Conservation (Department) as accurate:

Non-Attainment Area Station AIRS ID Design Value
Albany
Schenectady-Troy, NY
Loudonville
Schenectady
Grafton Lakes
Stillwater
360010012
360930003
360830004
360910004
0.094
0.095
0.093
0.099*
Essex Co.
(Whiteface Mtn.), NY
Whiteface
Summit
360310002 0.084*
Jefferson Co., NY Perch River 360450002 0.091*
Buffalo-Niagara, NY Middleport
Amherst
360631006
360290002
0.097*
0.095

* Non-attainment area Design Value

The Department plans to petition EPA to make a binding determination that the subject areas have attained the 1-hour ozone NAAQS and the Department need not submit a state implementation plan (SIP) revision concerning reasonable further progress (RFP), attainment demonstrations and contingency measures. This petition is based on the May 5, 1995 EPA guidance memorandum entitled "Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard" located at www.epa.gov/ttn/caaa/t1/memoranda/clean15.pdf . The Department acknowledges that the suppression of the requirement to submit SIP revisions for the aforementioned provisions is in effect only as long as the areas continue to monitor attainment of the standard.

A 30-day public comment period is being provided. Written comments should be submitted by May 7, 2007 to Ms. Diana L. Rivenburgh, New York State Department of Environmental Conservation, 625 Broadway - 2nd Floor, Albany, New York, 12233-3251 or by e-mail to airsips@gw.dec.state.ny.us


NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

"CLEAN DATA PETITION - 8-HOUR OZONE NONATTAINMENT AREAS - ALBANY-SCHENECTADY-TROY,NY; JEFFERSON CO., NY; ESSEX CO., (WHITEFACE MTN.), NY; AND ROCHESTER, NY"

Notice is hereby given that the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (Department) plans to submit a clean data petition to the United States Environmental Protection Agency (EPA) for four areas in New York State that were designated nonattainment for the 8-hour ozone national ambient air quality standard (NAAQS).

On April 30, 2004, EPA promulgated designations for the 8-hour ozone NAAQS (69 FR 23858). Of the eight areas in New York State that were designated nonattainment, air quality monitors in four of them - Albany-Schenectady-Troy, NY; Essex Co., (Whiteface Mtn.), NY; Jefferson Co., NY; and Rochester, NY - now monitor attainment of the NAAQS. To attain this standard, the 3-year average of the fourth-highest daily maximum 8-hour average ozone concentrations measured at each monitor (Design Value) within an area over each year must not exceed 0.08 ppm.

The following table contains complete, quality assured 2004 - 2006 8-hour ozone design values that are certified by the Department as accurate:

Non-Attainment Area Station AIRS ID 4th Max 2004 4th Max 2005 4th Max 2006 Design Value
Albany-Schenectady
Troy, NY
Loudonville
Schenectady
Grafton Lakes
Stillwater
360010012
360930003
360830004
360910004
0.072
0.068
0.076
0.077
0.080
0.077
0.081
0.084
0.069
0.061
0.072
0.073
0.073
0.068
0.076
0.078*
Essex Co. (Whiteface Mtn.), NY Whiteface
Summit
360310002 0.077 0.079 0.071 0.075*
Jefferson Co., NY Perch River 360450002 0.071 0.083 0.073 0.075*
Rochester, NY Rochester 2
Williamson
360551007
361173001
0.057
0.065
0.080
0.065
0.081
0.065
0.072*
0.065

* Non-attainment Area Design Value

The Department plans to petition EPA to make a binding determination that the subject areas have attained the 8-hour ozone NAAQS and the Department need not submit a state implementation plan (SIP) revision concerning reasonable further progress (RFP), attainment demonstrations and contingency measures. This petition is based on the May 5, 1995 EPA guidance memorandum entitled "Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard" located at www.epa.gov/ttn/caaa/t1/memoranda/clean15.pdf. The Department also plans to submit redesignation requests for the four subject areas on or around September 28, 2007. The redesignation requests will include the Department's plan for maintaining the 8-hour ozone NAAQS for 10 years.

The Department acknowledges that the suppression of the requirement to submit SIP revisions for the aforementioned provisions is in effect only as long as the areas continue to monitor attainment of the NAAQS. New York will continue to operate its air quality monitoring network, and if an area experiences a violation of the NAAQS, the area would again be subject to a requirement to submit the pertinent SIP revision(s) and would need to address those requirements.

A 30-day public comment period is being provided. Written comments should be submitted by May 7, 2007 to Mr. Robert D. Bielawa, P.E., New York State Department of Environmental Conservation, 625 Broadway - 2nd Floor, Albany, New York, 12233-3251 or by e-mail to airsips@gw.dec.state.ny.us


Public Notice

DEC Announces Fourth Annual Environmental Excellence Awards
- Applications Available -

Applications are now available for New York State’s Fourth Annual Environmental Excellence Awards. This award program recognizes New York’s environmental and conservation leaders who are solving environmental challenges through innovative and environmentally sustainable practices or creative partnerships. Eligible applicants include: businesses, not-for-profit organizations, government (local, state and federal), educational institutions and individuals. To be considered, a project application must result in an environmental benefit beyond what could have been achieved by using standard techniques or complying with regulatory requirements.

The Department is interested in projects that are contributing to the sustainable use of New York’s natural resources or are developing and delivering education programs that advance sustainability and innovation and positively contribute to a trained workforce. The program will also consider projects that address pollution prevention, manufacturing process improvements, energy efficiency, environmental justice, waste reduction and recycling, stormwater management, watershed planning, natural resource and habitat protection and restoration, land conservation, and other environmental protection and restoration initiatives. Applicants should be able to demonstrate that they are a leader in their field.

Review criteria will include an assessment of: the environmental benefits; the economic benefits; the innovative approach of the project; the advancement of sustainability; how creative partnerships were created or strengthened by the project; the demonstration of leadership and management commitment to the environment; the demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements. In order to be considered for an award, an applicant must be in compliance with New York Environmental Conservation Law, applicable permits and local laws.

IMPORTANT: Applications must be postmarked by Friday June 1, 2007. The awards are scheduled to be presented in the fall of 2007.

The 2007 application brochure is available through the DEC’s website: www.dec.state.ny.us, by looking under the "Subject Index" button and selecting "E" or by doing a search for "Environmental Excellence Awards."

Anyone interested in obtaining more information regarding the application and criteria for the awards, should contact Michelle Hinman at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone (518) 402-9469, fax (518) 402-9168, email depprmt@gw.dec.state.ny.us.


Public Notice

New York State
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., April 11, 2007 in Room 129 at the Department’s main offices at 625 Broadway, Albany, New York.

The Board will consider the following rulemaking action of the Department of Environmental Conservation:

This meeting is open to the public.

Ruth L. Earl
Executive Secretary
State Environmental Board