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Proposed Part 325 - Glyphosate use on state property

Notice is hereby given that the New York State Department of Environmental Conservation (DEC) filed a Notice of Proposed Rulemaking with the Department of State to amend the State's existing Part 325 pesticide use regulations. The proposed addition to Part 325 will establish regulations for the use of glyphosate on state properties by state departments, state agencies, public benefit corporations, and their contractors and subcontractors. Furthermore, this addition will require the collection of information on glyphosate applications from state departments, state agencies, public benefit corporations, and their contractors and subcontractors for applications on state property.

Public Comment on the Proposed Rule Making

The public comment period begins on June 8, 2022. The public is invited to submit written comments on the proposed Part 325 rulemaking through August 22, 2022. Written comments can be submitted by:

  1. By email to glyphosateregs@dec.ny.gov. Please include "Comments on Proposed Part 325" in the subject line of the email; or
  2. By mail to Anthony Lamanno, NYSDEC, Division of Materials Management, 625 Broadway, Albany, NY 12233-7254.

Public Comment Hearing:

A public comment hearing for the proposed rule will be held before an Administrative Law Judge (ALJ) electronically via the Webex Events platform as follows. The electronic format is reasonably accessible to persons with impaired mobility:

Date: August 17, 2022
Time: 1 PM

Access: To join through the internet, visit www.webex.com and click "Join a meeting."
Event Number: 2336 145 8193
Password: Part325-Aug17 (72783250 from phones)
Location: electronically via Webex Events

To join by phone only, dial: 1-518-549-0500
Access code: 2336 145 8193

Persons wishing to comment on the proposed rule will have the opportunity to make a statement at the public comment hearing webinar. Any person wishing to provide a public statement must register in advance of the hearings no later than 1 p.m. on August 16, 2022. Any person who wishes only to observe the webinar online must also register. Any person may listen to a hearing by phone without pre-registration.

To register electronically: Persons who will login to the hearing electronically must register. To register, visit http://www.webex.com/, click "Join a meeting," input the event number listed above, click "Register," and fill in the requested information. You will be asked whether you wish to make a public statement or not. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.

On the appropriate date and time of the hearing, participants should visit https://www.webex.com/, click "Join a meeting" at the top right-hand corner of the screen, and input the appropriate event number for the hearing. Participants will be asked to "select audio system." It is recommended that participants choose to have the system "call me" or "call using computer." The "call me" option will require participants to enter their phone numbers.

To register by telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Department at 518-402-9003 no later than August 11, 2022. Please provide your first and last name, address, email address, if any, and telephone number and reference the Part 325 public comment hearing.

On the day and time of the hearing, use the phone access phone number, (518) 549-0500, and the appropriate access code listed above to join the hearing.

All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. Speakers will be called in the order they registered, with elected officials being called first. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. Reasonable time limits may be set for each speaker as necessary to afford all participants an opportunity to be heard. We also recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided above. The hearing will be recorded for inclusion in the record.

The Department will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge upon written request submitted no later than Tuesday, August 5, 2022. The written request must be addressed to ALJ Timothy MacPherson, NYS DEC - Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Tim Macpherson at ohms@dec.ny.gov.

Environmental and Regulatory Impact Review

NYSDEC has determined that the proposed rulemaking will not have a significant adverse environmental impact. NYSDEC has prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for small businesses and local governments, a Rural Area Flexibility Analysis and a Job Impact Statement, in accordance with the State Administrative Procedures Act.

Rulemaking Documents

Copies of the documents for the proposed rulemaking are available by contacting the NYSDEC.
Contact: New York State Department of Environmental Conservation, 625 Broadway, 9th Floor, Albany NY 12233-7254, ATTN: Rebecca Vaughan, Phone: (518) 402-8678, E-mail: rebecca.vaughan@dec.ny.gov.

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  • NYSDEC
    Division of Materials Management
    Bureau of Pesticides Management
    625 Broadway
    Albany, NY 12233-7254
    518-402-8748
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