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ENB Statewide Notices 1/13/2021

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0307, and 13-0319 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption to amend 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands, pertaining to changes in classification in Nassau and Suffolk Counties.

This is the first re-adoption of a rule that has been in effect as an Emergency and Proposed Rule as of October 1, 2020, and was published in the October 21, 2020 NY State Register.

The emergency measures are necessary for the preservation of the public health. ECL section 13-0307 requires that NYS DEC examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish land protects the public health. This regulation also clarifies descriptions for enforcement purposes.

This notice will be published in issue 2 of the State Register, dated January 13, 2021.

For further information, please contact:

Matt Richards
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0491
Subject: Shellfish Closures

Notice of New York State Department of Environmental Conservation (NYS DEC) Program Policy

DAR-1: "Guidelines for the Evaluation and Control of Ambient Air Contaminants" under 6 NYCRR Part 212, "Process Operations"

Part 212 is used in conjunction with other state and federal regulations to control criteria and non-criteria air contaminants. Non-criteria air contaminants are also referred to as toxic air contaminants and Part 212 is not limited to the air contaminants listed in the DAR-1 document. This policy is written to provide guidance for the implementation of and compliance with Part 212. This document issued by NYS DEC outlines the procedures for evaluating the emissions of air contaminants from process operations in New York State. Incorporated within the policy document are three flow charts to aid the end user when identifying applicable process emission sources, establishing uniform Environmental Ratings, and ascertaining the proper degree of control for applicable process emission sources.

This policy replaces DAR-1 previously issued on August 10, 2016 by the Division of Air Resources. This document provides guidance to NYS DEC staff, those facility owners subject to Part 212, and the general public. More specifically, this guidance document discusses how NYS DEC intends to implement Part 212. The guidance contained in this document is primarily intended for use in conjunction with NYS DEC's permitting and regulatory authority found in 6 NYCRR Parts 200, 201, 212 and 257.

The following represents the major changes included in the year 2020 Annual Guideline Concentration and Short-Term Guideline Concentration (AGC/SGC) Tables:

  1. As stated in previous AGC/SGC Table versions, many federal and state ambient air quality standards are not based upon one-hour or annual averaging periods. For these standards, it is difficult to assess compliance using the DAR-1 screening procedures. As such, DAR-1 "equivalent" one-hour and annual standards have been derived using averaging time conversion factors. These "equivalent" standards act as screening surrogates for assessing compliance with those federal and state standards not based upon one-hour or annual averaging periods. Appendix A of DAR-1 directs the reader to review DAR-10 when assessing compliance with all federal and state standards.
  2. The SGC for benzene has been revised from 1300 to 27 ug/m3. NYS DEC and the New York State Department of Health (NYS DOH) agree with the Office of Environmental Health Hazard Assessment (OEHHA) from California that potential health effects can occur at lower exposure concentrations than previously identified.
  3. The AGC for ethylene oxide has been revised. Data from the United State Environmental Protection Agency's (US EPA) EPA Integrated Risk Information System's (IRIS) cancer risk assessment has shown potential cancer health risks at concentrations previously allowed. NYS DEC and NYS DOH agree with the IRIS assessment and have revised the AGC accordingly.
  4. NYS is listing an AGC for perfluorooctanoic acid (PFOA) in the 2020 AGC/SGC tables. NYS DEC notes that several authoritative bodies, including the US EPA and NYS DOH, have derived oral toxicity values for PFOA using generally accepted risk assessment practices. The NYS DOH recently evaluated authoritative-body risk assessments and derived cancer and noncancer toxicity values for PFOA based on systemic effects observed in oral studies of laboratory animals. These oral toxicity values were used to derive a guideline concentration for PFOA in air using route-to-route exposure extrapolation.

The full text and pdf printable version of this policy can be found at:

Written comments on the proposed guidance may be submitted until 5:00 p.m. February 12, 2021.

For further information, please contact:

Steven DeSantis
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3250
Phone: (518) 402-8402

Acquisition and Use of Unmanned Aircraft Policy

The policy provides guidance to the New York State Department of Environmental Conservation (NYS DEC) employees for the acquisition and use of unmanned aircraft systems (UAS) to fulfill the environmental policy of New York State set forth at Environmental Conservation Law (ECL) §1-0101, in addition to cooperative agreements, routine NYS DEC contracts that include UAS work, contracts for UAS services, privacy protection for the public, retention of data, and Freedom of Information Law (FOIL) requests.

The policy further provides guidance to NYS DEC staff regarding the public's launching, operation, and landing of UAS on New York State Lands, which are owned, managed or maintained by NYS DEC, for non-administrative commercial use, non-administrative recreational use, and non-administrative scientific research and/or game management.

The Acquisition and Use of Unmanned Aircraft Policy can be reviewed on line at:

State Environmental Quality Review Act (SEQRA):

Project is an Unlisted Action and has been determined not to have a significant impact on the environment. A Negative Declaration is on file.
SEQR Lead Agency: NYSDEC

Contact: Scott McDonnell, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, E-mail:

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