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Pollution Prevention Guidance for Small Business and Local Government

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New York State Department of Environmental Conservation Pollution Prevention Unit Pollution Prevention Guidance for Small Business and Local Government Revised January 1998 George E. Pataki, Governor John P. Cahill, Commissioner  POLLUTION PREVENTION GUIDANCE for SMALL BUSINESS and LOCAL GOVERNMENT January 1998 New York State Department of Environmental Conservation Pollution Prevention Unit 50 Wolf Road Albany, New York 12233-8010 INTRODUCTION This guidance manual was originally prepared in November 1993 by the New York State Department of Environmental Conservation (DEC), Pollution Prevention Unit, in partial fulfillment of a grant awarded jointly to DEC and the New York State Center for Hazardous Waste Management by the United States Environmental Protection Agency (USEPA). The manual was in 1993 to help small businesses and local governments understand environmental concerns and ways to address those concerns by reducing or eliminating pollution. This January 1998 revision includes summaries of regulations for each environmental quality, natural resource and environmental permitting program at DEC, contact phone numbers, technical assistance programs, and pollution prevention guidance. The manual is a tool to help small businesses and local planning boards evaluate the environmental impacts from sources of pollution in their facilities and communities. Business owners and operators and local governments are encouraged to use the manual to develop comprehensive programs that address environmental regulations applying to facilities or businesses in their communities and to guide businesses and other organizations in their pollution prevention efforts. This manual is intended only as guidance in developing approaches for pollution prevention and is not intended to be all inclusive. Numerous sources are available to gain additional information on specific techniques of source reduction. Some of these may be found in this manual or from the references and contacts listed. Also available as a resource is the New York State Pollution Prevention Information Clearinghouse which can be accessed by calling (518) 457-2553. The Clearinghouse provides references on technical, policy, program and legislative aspects of pollution prevention. Information can be obtained through case studies, fact sheets, training material and success stories on waste reduction, recycling and pollution prevention methods. As part of its technical assistance and public outreach program, the Pollution Prevention Unit conducts free seminars for small businesses and local governments across New York State to help them understand pollution prevention, waste reduction and recycling strategies, provide them with available resource information and assist them in performing environmental self-audits. Since November 1993, workshops have been held in:                 Cattaraugus County, Jamestown Community College, January 12-13, 1995 Suffolk County, Brookhaven National Lab, March 8, 1995 Onondaga County, Maxwell School, March 15, 1995 Niagara County Community College, November 14, 1995 Monroe County Cooperative Extension Education Center, November 15, 1995 Erie County, Amherst Town Hall, November 16, 1995 Schenectady County Community College, January 11, 1996 Nassau County, Bethpage State Park Club House, January 18, 1996 New York City Planning Department, Spector Hall, January 25, 1996 Suffolk County, Brookhaven National Labs, February 27, 1996 Westchester County Center, February 29, 1996 Warren County, Queensbury Senior Center, October 29, 1996 Broome Community College Business Building, February 4, 1997 Plattsburgh, April 22, 1997 City of Watertown, New York State Office Building, May 1, 1997 City of Elmira, Holiday Inn, May 20, 1997 How To Use This Manual This manual is divided into sections by environmental management program area. Each program section contains regulation summaries with DEC central office contact phone numbers to contact for further information about each program. Also, each program section may contain information about publications, technical assistance and guidance available, and the regional contact phone number. Municipalities may wish to make copies of information contained in the manual for the businesses with which they are working. The Pollution Prevention Section provides information on source reduction, advantages of doing pollution prevention, publications available from the Pollution Prevention Unit, and a listing of the regional multimedia pollution prevention coordinators. Also, local, State and federal contacts are provided. If you have comments or questions about the manual, please contact the Pollution Prevention Unit at (518) 457-2553.     SECTION I - POLLUTION PREVENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Preferred Waste Management Practices Hierarchy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Source Reduction Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Advantages of Pollution Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Pollution Prevention Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Hazardous Waste Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Small Quantity Generator Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Household Hazardous Waste Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Other Pollution Prevention Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Regional Multimedia Pollution Prevention Coordinators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION II - AIR RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Air Pollution Episode . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Architectural Coatings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Asbestos Containing Surface Coating Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Consumer and Commercial Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Degreasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Dry Cleaning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 232 Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 232 Control Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 232 Equipment Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Other Provisions of Part 232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Fuel Composition and Use - Sulfur Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Fuel Composition and Use - Waste Fuel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Fuel Composition and Use - Gasoline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Gasoline Dispensing Sites & Transport Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Emissions from Motor Vehicles Propelled by Gasoline Engines . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 General Process Emissions Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 General Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Graphic Arts Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Incinerators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Indirect Source Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 New Source Review in Nonattainment Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Open Burning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Petroleum Liquid Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Pharmaceutical and Cosmetics Manufacturing Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Stationary Combustion Installations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Surface Coating Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Synthetic Organic Chemical Manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Air Quality Control Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Table 1 - Sulfur in Fuel Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Table 2 - Emissions from Motor Vehicles Propelled by Gasoline Engines . . . . . . . . . . . 17 Table 3 - Nonattainment Areas in New York State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Table 4 - De Minimis - Emission Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 USEPA Clean Air Act Amendments (CAAA) of 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 New York State's Small Business Stationary Source Technical and Environmental Compliance Assistance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Other Division of Air Resources Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division of Air Resources Regional Office Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION III - SOLID & HAZARDOUS MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 A. PESTICIDES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Pesticide Handling, Storage, Disposal and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Commercial Pesticide Applicator Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Aquatic Pesticide Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Pesticide Business Registration Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Commercial Permit Holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Pesticide Product Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 How Pesticide Applicators Can Protect Themselves . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Pesticide Reporting Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Pesticides Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 B. HAZARDOUS WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Regulation of Hazardous Waste Generators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Hazardous Waste Generator Annual Report Requirements . . . . . . . . . . . . . . . . . . . . . . . 31 Hazardous Waste Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Hazardous Waste Management Facility - Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Hazardous Waste Recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Hazardous Waste Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 C. RADIOACTIVE WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Prevention and Control of Environmental Pollution by Radioactive Materials . . . . . . . 34 Low-Level Radioactive Waste Transporter Permit and Manifest System . . . . . . . . . . . . 34 Siting and Disposal Method Criteria for LLRW Disposal Facilities . . . . . . . . . . . . . . . . 34 Regulations for the Design, Construction, Operation, Closure, and Institutional Control of LLRW Disposal Facilities . . . . . . . . . . . . . . . . . . . . . . . 34 Radioactive Waste Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 D. WASTE REDUCTION, REUSE and RECYCLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Recyclables Handling and Recovery Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Recycling Emblems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Local Recycling Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Comprehensive Recycling Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Governor’s Waste Reduction and Recycling Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Waste Reduction/Reuse/Recycling Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 E. SOLID WASTE MANAGEMENT FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Composting Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Construction and Demolition Debris Landfills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Construction and Demolition Debris Processing Facilities . . . . . . . . . . . . . . . . . . . . . . . 39 Land Application Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Landfills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Landfill Gas Recovery Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Liquid Storage Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Long Island Landfills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Regulated Medical Waste, Generators and Transporters . . . . . . . . . . . . . . . . . . . . . . . . . 40 Regulated Medical Waste Treatment, Transfer and Storage Facilities . . . . . . . . . . . . . . 40 Solid Waste Incinerators, Refuse-Derived Fuel Processing Facilities or Solid Waste Pyrolysis Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Transfer Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Used Oil Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Waste Tire Storage Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Summary and Specific Issues Affecting Small Businesses . . . . . . . . . . . . . . . . . . . . . . . 41 Upcoming Regulation Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Solid Waste Management Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Solid Waste Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division of Solid and Hazardous Materials Regional Office Contacts . . . . . . . . . . . . . . 42 SECTION IV - NATURAL RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 A. FISH, WILDLIFE AND MARINE RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Summary of Fish and Wildlife Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Destructive Wildlife - Permit to Take . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Fishing Permit (Institutional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Freshwater Wetlands Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Liberation of Fish and Wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Endangered/Threatened Species License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Protection of Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 License to Collect or Possess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Wild, Scenic and Recreational River Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Table 1 - List of Endangered Species in New York State . . . . . . . . . . . . . . . . . . . . . . . . 46 Table 2 - List of Threatened Species in New York State . . . . . . . . . . . . . . . . . . . . . . . . . 47 Summary of Marine Resources Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Marine Fishing Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Marine Aquaculture Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Shellfish Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Tidal Wetland Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Shellfish Land Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Marine Commercial Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Shellfish Inspection Unit Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 B. DIVISION OF LANDS AND FORESTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Protected Native Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Off Premises Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Use of State Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Prescribed Fire/Prescribed Burn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 C. DIVISION OF MINERAL RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Mined Land Reclamation Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Mined Land Reclamation Program Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Table 3 - Mined Land Reclamation Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Oil and Gas Leases on New York State Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Oil, Gas and Solution Mining Well Drilling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Underground Gas Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Natural Resources Programs Regional Office Contacts . . . . . . . . . . . . . . . . . . . . . . . . . 53 SECTION V - ENVIRONMENTAL PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Uniform Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 State Environmental Quality Review Act (SEQR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Waste Transporter Permit: Transporting Regulated Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Waste Transporter Permit: Annual Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 401 Certification of Water Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Environmental Permits Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division of Environmental Permits Regional Office Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 SECTION VI - REGULATORY FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Operating Permit Program Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Air Quality Control: Regulatory Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Table 1 - Air Regulatory Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Waste Transporter Permit: Regulatory Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Table 2 - Waste Transporter Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Hazardous Waste Special Assessment Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Hazardous Waste Generator: Regulatory Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Table 3 - Hazardous Waste Generator Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Mined Land Reclamation: Program Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Table 4 - Mined Land Reclamation Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Wastewater Discharge (SPDES) Regulatory Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Table 5 - SPDES Regulatory Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Table 6 - SPDES Regulatory Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 SECTION VII - SPILL PREVENTION AND RESPONSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Chemical Bulk Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Chemical and Hazardous Substance Spills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Chemical Bulk Storage Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Table 1: Chemical Bulk Storage Registration Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Petroleum Bulk Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Oil and Petroleum Spills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Petroleum Bulk Storage Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Table 2: Petroleum Bulk Storage Registration Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Spill Prevention and Response Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Bureau of Spill Prevention and Response Regional Office contacts . . . . . . . . . . . . . . . . . . . . . . . . . 65 SECTION VIII - WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Summary of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Coastal Erosion Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Construction and Repair of Dams and Impoundment Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Public Safety Inspections of Dams and Impoundment Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Use of Flood Control Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Operation of a Snowmobile or Motor Vehicle on Flood Control Lands . . . . . . . . . . . . . . . . . . . . . . 67 Flood Control Lands: Usage Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Long Island Wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Public Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Wastewater Discharge Permits - SPDES (State Pollutant Discharge Elimination System) . . . . . . . 68 Water Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Storm Water General Permits - SPDES (State Pollutant Discharge Elimination System) . . . . . . . . 71 Wastewater Treatment Plant Operator Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Great Lakes Water Withdrawal Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Water Fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division of Water Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division of Water Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Other Division of Water Program Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division of Water Regional Office Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 SECTION IX - RESOURCE GUIDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 State Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Federal Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 NYSDEC Regional Offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Local Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Environmental Management Councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Resources on the Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80           Traditionally, environmental protection has been sought through laws and regulations to control waste discharged to specific environmental media (air, water and land) after it has been generated (also known as end-of-pipe regulations). Although current federal and State laws have made substantial improvements in environmental quality in the last twenty years, implementation of such laws, based solely on pollution control within individual media, leads to a fragmented approach that has the potential to allow pollutant transfer between media. For example, tighter air pollution controls may result in the transfer of a pollutant discharge from the air to water or land. Such a transfer of pollutants is a short-term waste management solution, often resulting in cleanups and remediation. Also, this medium-specific approach fails to evaluate the cumulative environmental impact for all pollutant releases. An additional problem associated with end-ofpipe regulations is that pollution control technology is expensive. There are capital investment costs, such as those associated with a water treatment plant or air pollution control scrubbers. This equipment has associated operation and maintenance costs, permit fees and liability insurance (for environmental harm). The large investments in environmental control infrastructure made during the 1970s and 1980s have been responsible for large improvements in environmental quality in this country. However, the incremental costs for further improvements through additional control technology will now be greater than before. Therefore, prevention measures will play a major role in environmental protection in the 1990s by supplementing pollution control efforts to reach our environmental goals. Most would agree that the best way to solve a problem is to prevent it from happening in the first place. This is the idea behind pollution prevention. Partnerships need to be developed between government and industry to prevent Guidance Manual for Small Business/Local Gov’t pollution at the source, rather than employing endof-the-pipe control technology and remediation. Pollution prevention does not necessarily require additional resources. Instead, it requires a different way of thinking and approaching problems. This document is designed to assist local governments and small businesses in preventing pollution by providing them with information and appropriate contacts for New York's environmental regulatory programs. Preferred Waste Management Practices Hierarchy When developing local ordinances or policies, making decisions on projects, planning, zoning, etc., officials, whenever possible, should ensure that environmental risks are reduced or eliminated. The preferred method is to reduce pollution at the source. Source reduction is discussed in more detail on the following page. The waste management practices hierarchy shown below should be used to guide all decision making: 1. Source Reduction The generation of hazardous waste and air/water toxic chemical emissions, discharges and releases are to be reduced or eliminated to the maximum extent practicable. 2. Recover/Reuse/Recycle On Site Hazardous waste and/or air/water toxic chemicals that continue to be generated or emitted, discharged or released are to be recovered, reused or recycled on site to the maximum extent practicable. 3. Recover/Reuse/Recycle Off Site Hazardous waste and/or air/water toxic chemicals that continue to be generated and then emitted, discharged or released, are to be recovered, reused or recycled off site to the maximum extent practicable. 1 January 1998 4. Treatment Detoxification, treatment or destruction technologies are to be utilized for hazardous waste and/or air/water toxic chemicals emissions, discharges or releases that cannot be reduced, recovered, reused or recycled. 5. Land Disposal Land disposal of industrial waste, except treated residuals posing no significant threat to the public health or the environment, should be phased out as it is the least preferable method of industrial waste management. reduction. The following are some housekeeping and inventory control tips:  Don't mix hazardous wastes with nonhazardous wastes, since this increases the amount of waste that must be disposed of as a hazardous waste. Use drip pans for equipment cleaning to avoid having to clean up spills. Keep containers of solvents, paint thinners and other materials closed when not in use to avoid losing valuable raw materials to the air. Keep different types of wastes separate since this practice may increase the possibility of recycling. Preventive maintenance of equipment should be practiced to reduce spills or leaks of materials that may then need to be disposed as hazardous wastes. Order materials on an as-needed basis. Mark purchase date on containers and use older materials first. Control access to materials that will become hazardous wastes when spent, so that these materials are not used unnecessarily when a substitute would work as well. Don't use solvents if there are effective substitutes, such as detergents (e.g., hand cleansers, floor cleaning, etc.) Try to use one multipurpose solvent rather than several different solvents; this will increase the recycling potential of the spent solvent.    Source Reduction Guidelines The most desirable method of waste management is source reduction, reducing pollution at the source. If a pollutant is never generated then it cannot become a problem. Any company can practice source reduction through processes that avoid or eliminate the generation of waste. Several techniques are listed below. 1. Redesign/Change Products Redesign the process to reduce waste generated. Final products can also be changed so less waste is generated. 2. Substitute Less Toxic Materials Substitute toxic substances with nontoxic or less toxic substances. For example, many companies have switched to alternatives to chlorofluorocarbons due to concern for the earth's protective ozone layer. 3. Use More Efficient Processes or Equipment Improved controls, equipment changes, energy and water conservation can lead to reductions in waste. 4. Prevent Inefficiencies Through Better Maintenance Good housekeeping practices such as spill and leak prevention, preventive maintenance and other waste prevention practices and improved inventory controls that do not require significant process or equipment changes can be used to inexpensively achieve source 2       5. Capture or Recover Materials for Immediate Reuse Closed loop recycling occurs when waste is directly and immediately reused and never leaves the process for storage or purification. 6. Employee Training Training employees about the efficient use of chemicals that may, when used, become hazardous wastes can help to reduce the amount of waste that needs to be disposed of. Examples include stressing the need to use the January 1998 Guidance Manual for Small Business/Local Gov’t minimal amount of paint thinner to get the job done; reusing solvent until it is no longer useable; and using spent solvent as paint thinner. 7. Purchasing Practices Material Safety Data Sheets (MSDS) provide valuable information regarding the contents of commercial products, such as paints, solvents and inks. They also provide information that will enable you to determine if, when disposed of, a material will be a hazardous waste. Obtaining copies of MSDSs from your vendors prior to purchase will give you more control over whether or not your company will generate hazardous waste. Contact the New York State Pollution Prevention Information Clearinghouse at (518) 457-2553 for more technical assistance on pollution prevention. 3. Disposal Disposal costs can be reduced when less waste is generated. 4. Transportation A decrease in raw materials use and waste generation may mean lower transportation expenses for these items. 5. Compliance A reduction in toxics can reduce, if not eliminate, such items as discharge fees and fines. 6. Liability/Litigation Potential liability is reduced as the handling of toxic materials decreases. 7. Insurance With fewer toxic chemicals on site, potential hazards are reduced, resulting in lower insurance premiums. 8. Accidents/Spills The potential for accidents and hazardous spills can be diminished by decreasing the use of toxic materials. 9. Environmental Administration & Management Less time spent monitoring and reporting to regulatory agencies means more time spent for other endeavors. 10. Occupational Health An improved occupational environment may reduce employee absenteeism and downtime. Advantages of Pollution Prevention Businesses should practice pollution prevention because they can benefit the environment by producing less waste and reducing the transfer of waste from one environmental medium to another. Public health may be improved by reducing occupational exposure to toxic chemicals and reducing toxic releases to the community. Business competitiveness can be improved through greater efficiency, wiser energy use, increased product quality and enhanced public image. However, often the greatest incentive to practicing pollution prevention is the company's bottom line. Financial advantages to pollution prevention are outlined below. By practicing pollution prevention, companies can reduce or avoid costs for: 1. Raw Materials Increased process efficiency and toxic material substitution means less raw materials are needed, thereby providing savings. 2. Waste Treatment The need for pollution control equipment can be avoided. Pollution Prevention Publications  "The Environmental Self-Audit for Small Businesses" was revised in December 1997 by the New York State Department of Environmental Conservation and Empire State Development. This manual is a tool to help small businesses conduct an environmental self-audit to identify potential environmental compliance problems, permit requirements, 3 January 1998 Guidance Manual for Small Business/Local Gov’t and operating procedure changes to prevent damage to the environment. It contains a selfaudit checklist for air, water, land use, solid waste and hazardous materials, information on the State Environmental Quality Review process and a resource guide.  "Pollution Prevention Unit," published September 1997 by DECs Pollution Prevention Unit, describes the components of the Department's Pollution Prevention Program.  Multimedia Pollution Prevention Fact Sheet and Success Stories  Fact sheet describing multimedia pollution prevention, April 1994.  Success stories on selected industries that implement pollution prevention measures. Success stories have been developed for all winners of the New York State Governor's Award for Pollution Prevention.  “Environmental Compliance and Pollution Prevention Guide for Lithographic Printers,” published January 1997 by the Pollution Prevention Unit, summarizes the DEC regulations as they pertain to printers. Also, this manual lists some pollution prevention methods that can be used at print shops to help minimize the generation of waste.  “Environmental Self-Assessment for Lithographic Printers,” published January 1997 by the Pollution Prevention Unit, explains how printers can do self-assessments of their shops to determine if they are in compliance with the regulations, as well as determining if they are incorporating pollution prevention methods in their business.  “Hazardous Waste Guide for Farmers,” published August 1996 by the Pollution Prevention Unit, tells farmers what wastes are hazardous and how to properly manage them.  “Are You a Small Quantity Generator?” published Spring 1995 by the Pollution Prevention Unit, summarizes the hazardous waste regulations for small businesses. Will be replaced by, “Environmental Compliance and Pollution Prevention for Small Quantity Generators” due out early 1998. This manual will include an overview of the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, and pollution prevention methods that can be incorporated into businesses.  “Environmental Self-Assessment for Vehicle Maintenance Shops,” due out January 1998 by the Pollution Prevention Unit, explains how vehicle maintenance shops can do self assessments of their shops to determine if they are in compliance with the regulations, as well as determining if they are incorporating pollution prevention methods in their business.  “Environmental Compliance and Pollution Prevention for Vehicle Maintenance Shops,” due out early 1998 by the Pollution Prevention Unit, summarizes the DEC regulations as they pertain to vehicle maintenance shops. Also, this manual lists some pollution prevention methods that can be used at vehicle maintenance shops to help minimize the generation of waste.  “Hazardous Waste Management for Dry Cleaners,” published June 1990 by the Pollution Prevention Unit, summarizes the hazardous waste management issues for the dry cleaning industry. Contact the Pollution Prevention Unit at (518) 457-2553 to receive free copies of the above publications. Hazardous Waste Technical Assistance  Small Quantity Generator Program There are an estimated 50,000 small quantity hazardous waste generators (SQGs) Guidance Manual for Small Business/Local Gov’t 4 January 1998 in New York State. Many of these companies are service industries such as auto repair, dry cleaning, surface coatings, metal finishing, degreasing, printing, photo processing and schools. Because very few of these companies have trained environmental or technical staff, New York State's SQG program emphasizes both regulatory requirements and waste reduction. The SQG program is largely educational and includes the following activities:    Workshops on regulatory compliance and waste reduction. Environmental compliance and selfassessment publications are available specific to various industries. Operation of a toll-free hotline: (800) 462-6553. Other Pollution Prevention Programs For further information on any of the following Pollution Prevention Programs, contact the Pollution Prevention Unit at (518) 457-2553.  The Pollution Prevention Information Clearinghouse is a free service offered by DEC. Through this clearinghouse you can get references for technical, policy, program and legislative aspects of pollution prevention. The clearinghouse consists of a library and three databases. The library contains up-todate information on pollution prevention, waste minimization and recycling. The information is presented in case studies, fact sheets, training materials, videotapes and general references. The databases comprise a list of publications about pollution prevention, a compilation of case studies and success stories about pollution prevention techniques, and a directory of manufacturers of pollution prevention equipment, businesses offering consulting and engineering and testing services, and businesses that develop computer software in pollution prevention related areas. For further information or to use the clearinghouse, contact the Pollution Prevention Unit.  The Pollution Prevention Conference is conducted annually by the Pollution Prevention Unit in late spring/early summer. The purpose of this two-day conference is to provide a forum for businesses, environmental specialists, technical, scientific and academic professionals, government officials, and citizen and environmental groups on multimedia pollution prevention issues. The conference features case studies of proven pollution prevention technologies; status and progress of DEC’s multimedia pollution prevention program; regulation updates; and exhibits of pollution prevention technologies. For further information about the next conference or to receive copies of the Proceedings from previous conferences, contact the Pollution Prevention Unit. For further information on the SQG program, copies of booklets, list of upcoming events or dates and locations of scheduled workshops, call the toll-free hotline at 1 (800) 462-6553. Outside New York State call (518) 457-2553 during normal business hours.  Household Hazardous Waste Program  Public Education Workshops  Technical assistance to local officials on developing and implementing a household hazardous waste program. For further information on the Household Hazardous Waste Program call (800) 462-6553.  Technical Assistance for the Regulated Community  Regulatory Fee Bill Program, call (518) 457-9263  Hazardous Waste Facilities Regulations, call (518) 457-0532  Developing and Implementing a Waste Reduction Program, call (518) 457-6072  Hazardous Waste Manifest, call (518) 457-6858 5 Guidance Manual for Small Business/Local Gov’t January 1998  The Governor's Awards for Pollution Prevention are presented at the Annual Pollution Prevention Conference. This program recognizes and rewards pollution prevention efforts by industry, local governments and not-for-profit organizations. For additional information on the awards program, contact the Pollution Prevention Unit.  The Pollution Prevention Unit conducts a pollution prevention technical assistance and outreach program for specific industry sections, including printing, metal finishing and vehicle maintenance. For more information on these workshops, contact the Pollution Prevention Unit. Regional Multimedia Pollution Prevention Coordinators (See Page 75 for regional office locations) Region 1.................................... (516) 444-0335 Region 2.................................... (718) 482-4992 Region 3.................................... (914) 332-1835 Region 4.................................... (518) 357-2045 Region 5.................................... (518) 897-1241 Region 6.................................... (315) 793-2554 Region 7.................................... (315) 426-7403 Region 8.................................... (716) 226-2466 Region 9.................................... (716) 851-7220 Guidance Manual for Small Business/Local Gov’t 6 January 1998          Summary of regulations - Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 200 covers the General Provisions and Part 201 covers Permits and Registrations (revised in 1996) associated with prevention and control of air contamination and air pollution. For more detailed information on any of the following Air program regulations, please refer to the regulations or contact the regional office (refer to list on page 21) or the Division of Air Resources numbers listed. Small Businesses are encouraged to contact the Environmental Ombudsman at 1 (800) STATENY for general information and compliance assistance and the Small Business Assistance Program at 1 (800) 780-SBAP for technical and permitting assistance. The New York City metropolitan area consists of the counties of Bronx, Kings (Brooklyn), New York (Manhattan), Nassau, Orange, Queens, Richmond (Staten Island), Rockland, Suffolk, and Westchester.  Air Pollution Episode, covered under 6 NYCRR Part 207 - This part requires control measures for an air pollution episode. When weather conditions and/or, the concentration of an air contaminant or air contaminants are such that immediate action is necessary to prevent further increases in air contamination or damage to life, property or environmental quality, a "Forecast," "Alert II" or "Emergency" stage of an air pollution episode may exist. An episode may also exist when a single accident, occurrence or condition has resulted, or is likely to result, in damage to life, property or environmental quality. Once designated, an episode, or any stage of an episode, shall remain in effect until terminated by the NYSDEC. Refer to Part 207 for additional information regarding significant air contamination sources and episode action plans. 7 Division of Air Resources contact: (518) 4577450  Architectural Coatings, covered under 6 NYCRR Part 205 - Requirements of this part limit the Volatile Organic Compounds (VOCs), (i.e., solvents and thinners) in architectural coatings that are to be used in the New York City metropolitan area. This Part applies to any person who sells, offers for sale, or applies any architectural coating within the New York City metropolitan area. EXEMPTIONS: Refer to Part 205.3 Division of Air Resources contact: (518) 4572823  Asbestos Containing Surface Coating Material, covered under 6 NYCRR Part 221 This part prohibits the use of any surface coating material containing asbestos or asbestos containing materials. Also, it is prohibited to engage in or allow surface coating by spraying of asbestos or asbestos containing materials. Department of Labor contact: (518) 457-7056  Consumer and Commercial Products, covered under 6 NYCRR Part 235 - This part applies to those facilities, projects and/or operations that manufacture and/or sell air fresheners, disinfectants, or insecticides that contain volatile organic compounds and that are sold or offered for sale in the New York City metropolitan area. In addition, this regulation also applies to those facilities, projects and/or operations that manufacture and/or sell hair sprays, antiperspirants, deodorants, or all-purpose cleaners that are sold or offered for sale in New York State. Guidance Manual for Small Business/Local Gov’t January 1998 REQUIREMENTS Refer to Part 235. and EXEMPTIONS: Division of Air Resources contact: (518) 4572823  Degreasing, covered under 6 NYCRR Part 226 (Solvent Metal Cleaning Processes) This Part regulates the conduct of solvent metal cleaning. No person shall conduct solvent metal cleaning unless:  The solvent is stored in covered containers and waste solvent is transferred or disposed in such a manner that less than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere; and the equipment used in solvent metal cleaning is maintained to minimize leaks and fugitive emissions;  The equipment used in solvent metal cleaning displays a conspicuous summary of proper operating procedures consistent with minimizing emissions of volatile organic compounds;  The equipment covers are closed when the solvent metal cleaning unit is not in service. A record of solvent consumption shall be maintained for each year and made available to DEC. These devices are required by a source owner conducting solvent metal cleaning: 1. For cold cleaning degreasing:  A cover shall be provided that can be operated easily;  The drainage facility shall be internal (under cover), if practical; and  A control system that limits VOC emissions to those achievable with equipment having a freeboard ratio greater than or equal to 0.7, or a water cover where the solvent is insoluble in and heavier than water, where the solvent being used has a vapor pressure greater than 33mm Mercury (Hg) at 38C (100F) or where the solvent is heated above 50C (120F). Guidance Manual for Small Business/Local Gov’t 2. For open-top vapor degreasing:  The cover shall be operated easily without disturbing the vapor zone;  Safety switches shall shut off the sump pump if the condenser malfunctions and shall shut off the pump if vapor level drops excessively; and  One of the following shall be provided: - a freeboard ratio that is greater than or equal to 0.75, and a powered or mechanically assisted cover if the top opening is greater than 10 square feet; - a refrigerated chiller; - local exhaust ventilation and an adsorption or other system for collection of volatile organic compounds; or - an enclosed design, whereby the cover is open only when the dry part is entering or exiting the degreaser. 3. For conveyorized degreasing:  One of the following shall be provided: - a refrigerated chiller; or - local exhaust ventilation and an adsorption or other system for collection of volatile organic compounds.  A drying tunnel, rotating basket or other device acceptable to DEC shall be provided that prevents carry-out of liquid and vapor;  Safety switches shall be provided that shut off the system when a malfunction would cause excessive emissions;  Minimize openings at the entrance and exit to silhouette work and conveyor;  Covers shall be provided to close the unit during downtime. These operating practices are required by a source owner conducting solvent metal cleaning: 1. For cold cleaning degreasing, clean parts shall be drained at least 15 seconds or until dripping ceases. 2. For open-top vapor degreasing:  Minimize solvent carry out by the following measures: - Rack parts to allow full drainage; 8 January 1998 - Move parts in and out of degreaser tank at less than 11 feet per minute; - Decrease the work load in the vapor zone at least 30 seconds or until condensation ceases; - Tip out any pools of solvent before removal; and - Dry parts for at least 15 seconds or when visually dry before removal.  Degrease only nonporous or nonadsorbent material;  Work loads shall not occupy more than half of degreaser tank open-top area;  Spray only below the vapor level. 3. For conveyorized degreasers:  Exhaust ventilation rate shall not exceed 125 percent of the minimum ventilation rate required for the protection of workers in the vicinity of the degreaser;  Minimize carry-out emissions by: - Proper racking for best drainage; and - Conveyor speed at less than 11 feet per minute.  Water shall not be visibly detectable in the solvent leaving the water separator. A Title V Permit, State Facility Permit or Minor Facility Registration is required prior to construction and operation of any metal cleaning process. EXEMPTIONS are allowed for degreasers under a minimum size or utilizing nonvolatile compounds as described below:  Conveyorized degreasers smaller than 22 square feet of air/vapor interface;  Open-top degreasers smaller than 11 square feet of open area; and  Solvent cleaning processes utilizing 1,1,1trichloroethane (methyl chloroform), trichlorotrifluoroethane (freon 113) and methylene chloride. NOTE: Any cleaning process (in a tank/machine with a capacity of 2 gallons or more) utilizing the following solvents is subject to the National Emission Standard for Hazardous Air Pollutants for Solvent Cleaning Processes (40 CFR Part 63, Subpart T): Guidance Manual for Small Business/Local Gov’t • Methylene Chloride • Perchloroethylene • Trichloroethylene • 1-1-1 Trichloroethane • Carbon Tetrachloride • Chloroform Division of Air Resources contact: (518) 4577688  Dry Cleaning, covered under 6 NYCRR Part 232 - Although the National Emission Standard for Hazardous Air Pollutants for the perchloroethylene dry cleaning industry is in effect, compliance with Part 232 will fulfill the substantive requirements of the federal rule. All dry cleaning facilities that use perchloroethylene (perc) are subject to Part 232. Equipment requirements depend on whether the dry cleaning facility is in a mixeduse or stand-alone setting and the type of equipment used. A mixed-use facility is one that is located on the same site as residential units or another business, while a stand alone facility is not co-located. Part 232 Prohibitions: • Self service dry cleaning machines are not to be installed or used after November 15, 1997. New transfer machines and the use of dryto-dry equipment as transfer machines are prohibited. Use of immersion heaters to remove (evaporate) perc from waste water effluent is prohibited. Recirculation of perc emissions from dry cleaning machines into the workroom or facility is prohibited. Operating without a valid permit or Registration as required in Part 232.15 is prohibited. • • • • Part 232 Control Requirements: • Mixed use facilities must have vapor barriers. 9 January 1998 • Mixed use facilities must be vented to provide one air change every five minutes. Vented emissions from transfer and dryto-dry machines must be above the roof top and at least 25 feet from any opening in an occupancy by November 15, 1997. Notices provided by DEC must be posted notifying the public of potential health risks. Equipment is to be inspected weekly for leaks. Proper operation and maintenance must be followed, and various records must be kept. Proper wastewater management requirements must be followed. • • • • Part 232 Equipment Standards: NOTE: Mixed-use and Stand-alone facilities have distinct equipment requirements. Refer to Part 232.6 for specific requirements. Other provisions of Part 232: Specific periodic equipment testing requirements are set forth in Part 232 and inspection and testing activities and results are to be recorded. Repairs of leaks must be made immediately; parts needed to make repairs must be ordered promptly. If repairs cannot be made immediately, the malfunctioning component must be physically marked or tagged in a manner that is readily observable by an inspector and repaired within 24 hours of detection unless repair parts are unavailable. Repair parts must be ordered within two working days and installed within five days after receipt. Equipment that is not repaired by the end of 15 working days after detection must not be operated until the repair is made, unless a leak-repair extension is granted by DEC. See Part 232.7 (g) for more information. Operation and maintenance (O&M) practices are to be followed to minimize perc emissions. DEC will provide a checklist of O&M practices in 1997. O&M records are to be kept for five years. Dry cleaning facility waste waters must be treated by physical separation and double carbon filtration prior to discharge. Discharges must conform with local ordinances and with 6 NYCRR Parts 652 and 750-758. NOTE: The use of immersion heaters and evaporation of waste water is prohibited. Perc contaminated wastes are to be treated as hazardous waste, and must be managed according to 6 NYCRR Parts 370-376. Hazardous waste shipment records are to be kept for five years, Dry cleaning facilities are to be operated to prevent spills to sewers or groundwater. Spill prevention measures are specified in the regulation. If a spill occurs, specific steps to contain the release must be taken and recorded. If the release is uncontainable or caused a fire or explosion, such events must be reported to DEC and appropriate emergency response agencies immediately. New closed loop dry cleaning and auxiliary equipment must be certified by DEC, and only certified equipment may be sold and installed in the State. The procedure for certifying equipment is set forth in Part 232.13 (c). Owners/managers, operators, and inspectors of dry cleaning equipment must be trained and certified. Training courses must be approved by DEC; the content of approved courses is identified in 232.14. A time-table for training and certification is set forth in Part 232.14 (f). Compliance plans are required of facilities that must take specific actions (i.e., replacing or upgrading equipment) to comply with the new requirements of Part 232. DEC may approve alternative control measures if it is shown they are at least equal to requirements specified in Part 232. Stand-alone dry cleaning facilities and mixeduse facilities utilizing nonvented equipment must be inspected at least annually. At mixed-use facilities where any transfer or dry-to-dry vented equipment is operated, inspections must be performed at least twice annually. Inspections are to be performed by a registered inspector or by an individual working under the direct supervision of a registered inspector. The registered inspector must notify DEC in writing at least seven days prior to inspection and provide a completed 10 January 1998 Guidance Manual for Small Business/Local Gov’t inspection reporting form to DEC within 45 days of each inspection. NOTE: Failure to comply with these reporting requirements and others prescribed in Part 232.16 may result in the removal of the inspector from DEC's list of registered inspectors. In addition, the owner/manager or operator of a dry cleaning facility must make the most recent completed inspection reporting form available to interested individuals for review on premises during normal business hours. Variances from the requirements of Part 232 may be granted, upon written application, if it can be shown that compliance would impose an unreasonable economic, technological or safety burden, and that public health, safety, and welfare are not adversely affected if the variance is granted. Division of Air Resources contact: (518) 4577688  Fuel Composition and Use - Sulfur Limitations, covered under 6 NYCRR Subpart 225.1 - This subpart prohibits the sale, offer for sale, purchase, or use of fuel exceeding the permitted sulfur limit in any stationary combustion installation or boilers with the limits for coal and fuel oil based on location of the source in New York State. All sources must meet the limitations specified in Table 1 on page 17. Division of Air Resources contact: (518) 4577688  Fuel Composition and Use - Waste Fuel, covered under 6 NYCRR Subpart 225-2 - This subpart regulates the use and trade of liquid and semiliquid waste fuels burned for energy recovery. ELIGIBILITY: Refer to Subpart 225-2 for eligibility requirements for Waste Fuel "A" and/or Waste Fuel “B.” EXEMPTIONS:  Space heater located in automotive service facilities, where the maximum operating Guidance Manual for Small Business/Local Gov’t heat input is less than one million BTU per hour, the waste oil is generated on site, and the waste oil to be burned contains no chemical waste; and  Mobile emission source, where the waste oil is generated in the same emission source. Division of Air Resources contact: (518) 4577688  Fuel Composition and Use - Gasoline, covered under 6 NYCRR Subpart 225.3 - This subpart regulates the sale, supply and dispensing of gasoline and the Reid Vapor Pressure (RVP) allowable limits of gasoline. Additionally, the regulation specifies records which must be maintained and oxygen limits for motor fuel sold for ultimate use in carbon monoxide control areas. Division of Air Resources contact: (518) 4858913  Gasoline Dispensing Sites & Transport Vehicles, covered under 6 NYCRR Part 230 This part requires control (Stage 1) of the VOC emissions from the loading of gasoline storage from tank trucks at gasoline service stations and the VOC emissions from the refueling of automobiles from gasoline pumps at service stations (Stage 2). The requirements for proper controls at gasoline dispensing stations depend on the annual throughput of the dispensing station and the station's location. Refer to the matrix below. This part also requires specific testing for insuring compliance with the requirements of this regulation. Gasoline stations with storage tanks with a capacity of 1,100 gallons or more must register their tanks with the Petroleum Bulk Storage Program. Owners of smaller tanks which have a throughput of 120,000 gallons or more must file a Minor Facility Registration with the appropriate Regional Air Pollution Control Engineer. 11 January 1998 EXEMPTIONS: Gasoline dispensing sites in the New York City metropolitan area, used exclusively for farm-type tractors used only for agricultural purposes or snow plowing (other than for hire, farm equipment, including self-propelled machines used in growing, harvesting or handling farm produce, and selfpropelled caterpillar or crawler-type equipment being operated on a contract site), are not subject to requirements for Stage I vapor collection or vapor control systems (refer to Part 230), but must be equipped for submerged filling. These tanks must also be registered with the Petroleum Bulk Storage Program if they have a capacity of 1,100 gallons or more. Division of Air Resources contact: (518) 4577688 Petroleum Bulk Storage Program: (518) 4574351  Emissions from Motor Vehicles Propelled by Gasoline Engines, covered under 6 NYCRR Subpart 217-1 - Existing Part 217-1 states that all gasoline powered motor vehicles, that are owned, operated, or leased by any person in the New York Metropolitan Air Quality Control Region (the downstate region includes the counties of Suffolk (except Fisher’s Island), Nassau, Kings (Brooklyn), Queens, Richmond (Staten Island), New York (Manhattan), Bronx, Westchester and Rockland), must have a vehicle exhaust emissions test (idle test) performed at an official emissions inspection station as part of the annual vehicle safety inspection. No person shall be allowed, or permit any other person, to operate any vehicle that violates established emission standards by emitting excess pollutants. Adjustments, repairs, or replacements to vehicles which exceed these limits must be made within 30 days of the initial inspection. A retest must be performed on a previously failed vehicle to insure the vehicle meets established emissions standards. 12 A vehicle emissions /safety inspection certificate is required to be displayed to certify that the vehicle has met and passed established emissions limits. The sticker is issued by a certified inspection station. In order to meet more stringent federal emissions standards, a revised Part 217 was finalized in April 1997 to replace the existing inspection program. In the downstate region, an annual enhanced emissions test will be performed on all applicable nonelectric and nondiesel vehicles. Exempt vehicles are: less than two model years old, more than 25 model years old, diesels, electric, motorcycles, and vehicles with historic and farm equipment registrations. The enhanced emissions test entails more sophisticated equipment. Testing is required with the annual safety inspection and with change of vehicle ownership. The start-up date for this more stringent emissions test is January 1998. In the remaining 53 counties of the State, a less intensive inspection program will be implemented. Part 217 contains the following four Subparts:  217-1 “Motor Vehicle Enhanced Inspection and Maintenance Program Requirements” contains information on the new enhanced inspection and maintenance program, including definitions, applicability, standards and procedures, and prohibition of certificate issuance.  217-2 “Motor Vehicle NY91 Inspection and Maintenance Program Requirements” is retitled and renumbered, and contains two new sections on the applicability, emissions standards, and inspection procedures of the existing program.  217-3 “Vehicles Propelled by Diesel Engines” remains unchanged.  217-4 “Inspection and Maintenance Program Audits” contains new information on inspection station audits, prohibition of Guidance Manual for Small Business/Local Gov’t January 1998 operating noncompliant inspection stations, audit requirements, and enforcement. Division of Air Resources contact: (518) 4858913  General Process Emissions Sources, covered under 6 NYCRR Part 212 - This part provides control requirements for sources not covered under more specific regulations. The control requirements are based on the relative toxicity of the air pollutants emitted and the amount emitted. Limits on the amount of general particulates, namely dust or solid contaminants, are based on the date of construction of the source permitted, and are also regulated by this Part. Several exceptions are contained in this regulation for sources subject to other more specific regulations. A permit application or registration must be filed with the DEC regional office (refer to list on page 21) prior to the construction or operation of the source. NOTE: 6 NYCRR Part 212 is being revised as of the date of this publication. EXEMPTIONS: Refer to Part 201 which provides a number of exemptions for sources that do not need to file for permits and/or registrations. Division of Air Resources contact: (518) 4577688  General Nuisance, covered under 6 NYCRR Part 211 - This part prohibits the emission of air contaminants in such quantities, characteristics or duration that will interfere with the enjoyment of life or property. It also sets aside requirements for opacity (presence of smoke that limits the visibility of nearby structures) of emissions for open fires and for those sources where no other opacity requirements are found in other regulations. Asphalt emissions are also specified. This regulation is often used to handle complaints from the public where there may be a 13 perceived public harm or where no other more specific regulation would regulate the source. Division of Air Resources contact: Call the nearest DEC Regional Office (page 21)  Graphic Arts Facilities, covered under 6 NYCRR Part 234 - This part applies to all facilities, projects and operations that operate packaging rotogravure, publication rotogravure, flexographic, offset lithographic or screen printing processes. These types of presses are used to print colors and designs on various substrates including paper, plastic bags, plastic film, and metal. The products are then used as publications or various packaging materials, such as paper and plastic grocery bags, food labels, candy bar wrappers and signs. The purpose of the rule is to reduce the amount of VOC emissions from the printing processes and the solvents used to clean and operate such equipment. Unless specifically exempted from 6 NYCRR Part 201, a Minor Facility Registration or State/Title V facility permit must be applied for to operate any printing facility. The owner or operator must include the method or methods that will be used to comply with the requirements of this regulation. EXEMPTIONS from control requirements in Part 234: Refer to Part 234.1(h). REQUIREMENTS: Refer to Part 234 for specific applicability and requirements for the following:     Specific areas of New York State Capping out Facility wide Reduction Plans VOC control requirements ("Bubbles")  Testing, monitoring & record keeping  Prohibition of sale or specification  Handling, storage and disposal of volatile organic compounds (VOCs) Guidance Manual for Small Business/Local Gov’t January 1998 Division of Air Resources contact: (518) 4577688  Incinerators, covered under 6 NYCRR Part 219 - This part regulates the permitting of municipal solid waste, regulated medical waste, crematory and miscellaneous incinerators. Subpart 219.1 provides general provisions. Subpart 219.2 regulates new municipal solid waste incinerators. Subpart 219.3 regulates new and existing regulated medical waste incinerators. Subpart 219.4 applies to new human and animal crematories burning regulated medical waste. Subparts 219.5 and 219.6 regulate existing incinerators. A Title V or State Facility Permit must be applied for to construct and operate a waste incineration unit. Division of Air Resources contact: (518) 4577688  Indirect Source Permits, covered under 6 NYCRR Part 203 - An indirect source of air contamination or indirect source is defined as any facility, structure or installation, the construction or operation of which results or may result directly or indirectly in associated vehicular movements that contribute to ambient concentrations of any air contaminant for which there is an ambient air quality standard. This regulation applies only to indirect sources, that are not limited to highways and roads, office buildings, parking areas, etc., that are located within the county of New York (Manhattan), south of 60th Street. This part requires a permit for the construction or modification of an indirect source of air contamination in Manhattan, south of 60th Street. Division of Air Resources contact: (518) 4572823 14  New Source Review in Nonattainment Areas, covered under 6 NYCRR Part 231-2. This Subpart provides the requirements for control of new major sources and major modifications to existing sources of the criteria air pollutants (nitrogen oxides, carbon monoxide, particulates [PM10], volatile organic compounds, sulfur dioxide and lead) at major sources of these contaminants in the respective non-attainment areas. See Table 3 on page 18. This regulation is used to limit construction of new major sources and modifications in areas of New York State where the air quality exceeds the national ambient standards and is used to insure that there is no further degradation. Significant Source Project Threshold: If the project emission potential of a proposed source project is less than this threshold, the provisions of this regulation do not apply. The Significant Source Project Thresholds are presented in Table 4 on page 18. A Title V or State Facility Permit is required prior to construction and operation of any new or modified air contamination source which is subject to Part 231. Division of Air Resources contact: (518) 4577688  Open Burning, covered under 6 NYCRR Part 215 - This part ("Open Fires") regulates the burning of materials by towns, agencies and private citizens, including rubbish, paper and materials generated by land cleaning for other than agricultural purposes. Burning is permitted on a restricted basis. Division of Air Resources contact: (518) 4577688  Petroleum Liquid Facilities, covered under 6 NYCRR Part 229 - This part regulates the emission of volatile organic compounds (VOCs) from petroleum storage tanks depending upon their annual throughput of product. This regulation requires control normally consisting of internal floating roofs January 1998 Guidance Manual for Small Business/Local Gov’t on gasoline storage tanks that are dependent on their throughput or control equipment, i.e., afterburners or refrigeration units on the truck loading racks. Refer to Part 229 for applicability, prohibitions, requirements and exemptions to this regulation for:  Fixed roof tanks  External floating roof tanks  Gasoline bulk plants  Gasoline loading terminals  Ozone nonattainment areas in New York State Division of Air Resources contact: (518) 4577688  Ph arma ceu t i c a l a n d C o s me t i cs Manufacturing Processes, covered under 6 NYCRR Part 233 - This part regulates the emission of volatile organic compounds (VOCs) from pharmaceutical and cosmetic manufacturing facilities. Special requirements for reporting and maintenance of emission records are provided. Owners or operators of facilities, projects or operations involving these processes must have a valid permit or registration as required by 6 NYCRR Part 201. With respect to registrations, the owner must certify to comply with the requirements of the regulation. Permitted sources will be required to comply with operating conditions issued by DEC.  Any reactor, extractor, distillation operation, crystallizer, centrifuge or vacuum dryer with an emission rate potential for volatile organic compounds equal to or less than 15 pounds per day. REQUIREMENTS: Refer to Part 233 for specific applicability & requirements for the following:  Specific Areas of New York State  Facility wide Reduction Plans ("Bubbles")  Process Equipment  Storage Tanks  Transfer of Volatile Organic Compounds (VOCs)  Air Dryer and Production Equipment Exhaust Systems  Centrifuges and Filters  In-process Tank Requirements  Leak Requirements  Testing, Monitoring and Record Keeping Division of Air Resources contact: (518) 4577688  Stationary Combustion Installations, covered under 6 NYCRR Parts 227-1 and 227-2 - These parts regulate the particulate emissions, nitrogen oxides and opacity from stationary combustion installations (boilers) based on maximum operating heat input, the type of fuel used, and the date of construction of the boiler. Unless specifically exempted in Part 201-3, a Title V General Permit, State Facility General Permit or Minor Facility Registration must be obtained prior to the construction and operation of any stationary combustion installation (boiler). Division of Air Resources contact: (518) 4577688  Surface Coating Processes, covered under 6 NYCRR Part 228 - This part regulates the emissions of volatile organic compounds (VOCs) from surface coating operations from various processes. Sources in the New York 15 January 1998 EXEMPTIONS:  Facilities, projects or operations that manufacture pharmaceutical or cosmetic products for study rather than eventual sale and have an annual potential to emit volatile organic compounds from all sources, regardless of process type, but excluding combustion installations, less than 25 tons in the New York City metropolitan area and the Lower Orange County metropolitan area, or less than 50 tons for the remainder of the state. Guidance Manual for Small Business/Local Gov’t City metropolitan area are required to meet the VOC limits for various source categories, regardless of source size. Special requirements for reporting and maintenance of emission records are provided. Exemptions for various sources are allowed as specified. In areas other than the New York City metropolitan area, surface coating processes of the type described by the regulation are only subject to these requirements if the facility's emissions exceed 10 tons per year for the following coating operations: large appliances, magnet wire insulation, metal furniture, metal cans, fabric, vinyl, paper, automobile assembly, coil, miscellaneous metal parts and flat wood surface finishing, and 50 tons per year for the following coating operations: wood, tablet, glass, leather, miscellaneous plastic parts, aerospace, motor vehicle refinishing, and urethane. Unless specifically exempted in Part 201-3, a Title V Permit, State Facility Permit or Minor Facility Registration is required prior to construction and operation of one of the coating lines as described above. Division of Air Resources contact: (518) 4577688 Organic Chemical  Synthetic Manufacturing, covered under 6 NYCRR Part 236 - This part provides control and repair requirements of components at synthetic organic chemical manufacturing facilities. Components must be monitored for leaks and repairs done according to the regulation. Special requirements for reporting and maintenance of records are provided. A permit or registration must be obtained prior to construction and operation of a synthetic chemical manufacturing facility. Control and repair requirements, and exemptions: Refer to Part 236. Division of Air Resources contact: (518) 4577688  Air Quality Control Fees, covered under 6 NYCRR Parts 480, 481 & 482 - Refer to Section VI in this manual for fee schedules. Guidance Manual for Small Business/Local Gov’t 16 January 1998 Table 1: Sulfur in Fuel Limitations (Source: 6 NYCRR Part 225) OIL (percent sulfur by weight) Residual Distillate 0.30 0.37 0.20 0.37 SOLID FUEL (pounds of sulfur per million BTU gross heat content) 0.2 Max. 0.2 Max. AREA New York City Nassau, Rockland and Westchester Counties Suffolk County: Towns of Babylon, Brookhaven, Huntington, Islip and Smithtown Erie County: City of Lackawanna and South Buffalo ‡ Niagara County and the remainder of Erie County Remainder of New York State 1.00 1.10 1.50 1.50 1.00 1.10 1.50 1.50 0.6 Max. 1.7 Max. 1.4 Avg. 1.7 Max. 1.4 Avg. 2.5 Max. 1.9 Avg. 1.7 Annual Avg. ‡ South Buffalo is defined as the area in the City of Buffalo south of a line from the intersection of I190 and Route 5 and proceeding east along I190 to the city limit. Table 2 - Emissions from Motor Vehicles Propelled by Gasoline Engines VEHICLE MODEL YEAR Light Duty (8,500 pounds and under) Heavy Duty (over 8,500 pounds) 1969 and older 1974 and older 1970 to 1973 1974 to 1978 1975 to 1978 1979 and 1980 1981 and newer 1979 and newer Carbon Monoxide Limit (CO, %) 7.0 6.0 4.5 3.0 2.5 1.2 Hydrocarbon Limit (HC, ppm) 800 700 600 300 300 220 Guidance Manual for Small Business/Local Gov’t 17 January 1998 Table 3 - Nonattainment Areas in New York State 1. Carbon Monoxide Major Facility Size: 50 tons per year or 100 tons per year if shown to be exempt by impact analysis.  New York City: Counties of Bronx, Kings (Brooklyn), New York (Manhattan), Queens and Richmond (Staten Island). 2. Particulate Matter Major Facility Size: 100 tons per year.  New York City: County of New York (Manhattan). 3. Ozone A. Severe, offset ratio 1.3 to 1: 25 tons per year for NOx and 25 tons per year for VOCs.  New York City metropolitan area;  Lower Orange County metropolitan area: includes the towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick and Woodbury. B. Moderate, offset ratio 1.15 to 1: 100 tons per year for NOx and 50 tons per year for VOCs.  Poughkeepsie metropolitan area: includes Dutchess, Putnam and Upper Orange (those towns not in the Lower Orange County Metropolitan area) Counties. C. Marginal, offset ratio 1.15 to 1: 100 tons per year for NOx and 50 tons per year for VOCs.  Albany-Troy-Schenectady metropolitan area: includes Albany, Greene, Montgomery, Rensselaer, Saratoga, and Schenectady Counties;  Essex County: Whiteface Mountain area (above 4,500 feet);  Syracuse area: Onondaga County;  Watertown metropolitan area: Jefferson County  Buffalo metropolitan area: Erie County; and  Niagara Falls metropolitan area: Niagara County. Table 4: De Minimis - Emission Limits AIR CONTAMINANT Carbon monoxide Nitrogen oxides Sulfur dioxide Particulates Volatile organic compounds (for ozone nonattainment areas) Lead Asbestos Beryllium Mercury Vinyl chloride Fluorides Sulfuric acid mist Hydrogen sulfide Total reduced sulfur Reduced sulfur compounds Guidance Manual for Small Business/Local Gov’t De MINIMIS EMISSION LIMIT (TONS PER YEAR) 100 40 40 25 40 0.6 0.007 0.0004 0.1 1 3 7 10 10 10 January 1998 18 USEPA Clean Air Act Amendments (CAAA) of 1990 Specific provisions of the Federal CAAA that may affect small businesses include: Section 608 of the Clean Air Act Amendments of 1990, Stratospheric Ozone Protection, National Recycling and Emission Reduction Program, effective July 1, 1992, prohibits the knowing release of regulated refrigerants in the course of maintenance, service, repair, or disposal of appliances or industrial process refrigeration. The venting prohibition found in Section 608(c)(1) is the only provision in Section 608 which becomes effective on July 1, 1992. EPA is not proposing to consider refrigerant leaks from leaky equipment to be a violation of the venting prohibition. EPA promulgated regulations implementing Section 608 in the spring of 1993. Section 609 of the Clean Air Act Amendments, Compliance Monitoring Strategy for Servicing of Motor Vehicle Air Conditioners, effective January 1, 1992, requires that air conditioner refrigerant be recycled by certified technicians using certified equipment. Certified recycling equipment includes recover/recycle and recovery only equipment. Service shops will be required to purchase refrigerant recycling or recovery equipment that has been certified by an EPA accredited laboratory. Technicians performing service must be certified to operate refrigerant recycling equipment. The technicians must pass an exam demonstrating their knowledge of the SAE J standards (J1989, J1990, J1991) and the recommended procedures for recycling airconditioning refrigerant. Future technology and new refrigerant systems must also be addressed. Effective November 15, 1992, Section 609 also restricts the sale of Class I and Class II substances, CFCs and HCFCs respectively, in containers less than 20 pounds, to certified technicians. These containers are referred to as "small cans." There is no restriction on the sale of containers weighing 20 pounds or more. Section 610 of the Clean Air Act Amendments, Stratospheric Ozone Protection Compliance Guidance for Nonessential Products Guidance Manual for Small Business/Local Gov’t Containing Chlorofluorocarbons, identifies nonessential products that release class I or class II substances into the environment and prohibits any person from selling or distributing such product in interstate commerce. The implementing regulations identify certain products subject to the ban and impose a sales restriction on others. Effective February 16, 1993, Section 610 prohibits the sale of any plastic party streamer or noise horn that is propelled by a chlorofluorocarbon. Effective February 16, 1993, Section 610 prohibits the sale of cleaning fluids for photographic and electronic equipment to a person who does not provide proof of being a commercial purchaser. Effective January 17, 1994, Section 610 prohibits the sale of any plastic flexible or packaging foam which is manufactured with or contains a chlorofluorocarbon, except flexible or packaging foam used in coaxial cable, and any aerosol product or other pressurized dispenser that contains a chlorofluorocarbon, (1) including but not limited to household, industrial, automotive and pesticide uses, (2) except-a) Medical devices listed in 21 CFR §2.125(e); b) Lubricants for pharmaceutical and tablet manufacture; c) Gauze bandage adhesives and adhesive removers; d) Topical anesthetic and vapocoolant products; e) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain CFC-11, CFC-12, or CFC-113 for solvent purposes, but which contain no other CFCs; f) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain CFC-11 or CFC-113, but no other CFCs; g) Mold release agents, used in the production of plastic and elastomeric materials, which contain CFC-11 or CFC113, but no other CFCs; 19 January 1998 h) Spinnerette lubricant/cleaning sprays, used in the production of synthetic fibers, which contain CFC-114, but no other CFCs; I) Containers of CFCs used as halogen ion sources in plasma etching; j) Document preservation sprays, which contain CFC-113, but no other CFCs; k) Red pepper bear repellent sprays, which contain CFC-113, but no other CFCs. Division of Air Resources contact: (518) 4577230 USEPA Stratospheric Ozone Protection Hotline: (800) 296-1996 New York State's Small Business Stationary Source Technical and Environmental Compliance Assistance Program Many small businesses will be subject to new requirements as a result of the 1990 Federal Clean Air Act Amendments. Examples of affected businesses include:  Air-conditioning repair operations  Vehicle maintenance and repair shops  Coating or painting operations  Degreasing and parts cleaning operations  Bakeries  Dry cleaners  Laboratories  Mortuary facilities  Graphic arts  Photographic processing  Printing operations  Chemical formulation  Distributing, selling or fueling petroleum products  Other manufacturing, storage or use of hazardous materials Small businesses often lack the technical expertise and financial resources necessary for regulatory compliance. The U.S. Congress, anticipating this new burden, directed the states to provide small businesses with technical assistance and compliance information. In January 1993, the State established the New York State Small Guidance Manual for Small Business/Local Gov’t Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM). The PROGRAM has three components: an Ombudsman, a Technical Assistance Unit, and a Compliance Advisory Panel. The Ombudsman's Office, located at Empire State Development, handles complaints, helps small businesses access the PROGRAM's services, and reviews environmental regulations and policies for their impact on small businesses. In addition, the office sponsors workshops to educate industry groups about the requirements of the Clean Air Act Amendments of 1990. The technical assistance unit, known as the Small Business Assistance Program (SBAP), is located at the NYS Environmental Facilities Corporation. The SBAP assists small businesses in understanding federal and state requirements, helps fill out permit applications, and offers technical advice on pollution prevention and control. The Compliance Advisory Panel (CAP), is responsible for rendering advisory opinions on the effectiveness of and difficulties encountered by the SBAP, the successes that SBAP engineered, and the scope and severity of DEC's enforcement. The panel also evaluates PROGRAM outreach materials to make sure they are easy to understand. The Ombudsman and SBAP have a wide variety of compliance assistance and pollution prevention materials. Each operates a toll-free confidential assistance hotline. For further information, contact: Environmental Ombudsman Unit Empire State Development - 32nd Floor 633 Third Avenue New York, NY 10017 1 (800) STATENY (782-8369) Small Business Assistance Program Environmental Facilities Corporation 50 Wolf Road Albany, NY 12205-2603 1 (800) 780-SBAP (7227). 20 January 1998 Other Division of Air Resources Technical Assistance  General Small Business Air Compliance Information - (518) 457-7450.  Audio Visual Library - Available at the Division of Air Resources library, 50 Wold Road: - Brochures, bookmarks, booklets, videos, slide shows, etc. on air pollution and air pollution control - Other technical information and guidance on air pollution control. Division of Air Resources contact: (518) 4572823  Technical Guidance for Source Owners Provides guidance on preparation of protocols for stack testing and continuous emission monitoring. Division of Air Resources contact: (518) 4579137 Division of Air Resources Regional Office Contacts (See page 75 for regional office locations) Region 1.................................... (516) 444-0205 Region 2.................................... (718) 482-4944 Region 3.................................... (914) 256-3000 Region 4.................................... (518) 357-2045 Region 5.................................... (518) 623-3671 Region 6.................................... (315) 785-2513 Region 7.................................... (315) 426-7552 Region 8.................................... (716) 226-2466 Region 9.................................... (716) 851-7130 Guidance Manual for Small Business/Local Gov’t 21 January 1998           A. PESTICIDES Summary of Regulations - For more detailed information on any of the following pesticides regulations, please refer to the regulations or contact the regional office (refer to list on page 42) or the Division of Solid and Hazardous Materials at the numbers listed.  Pesticide Handling, Storage, Disposal and Safety, covered under 6 NYCRR Part 325. Storage This regulation requires that pesticides be stored in their original containers with legible labels. If containers are damaged or the labels unreadable, the contents should be put in another clean container and relabeled, or packed into another container with labeling on the exterior of the overpack container. Unless necessary because of damage, it is illegal to store a pesticide in other than its original container. Disposal of Pesticide Containers and Unwanted Pesticides: Section 325.4 requires empty noncombustible pesticide containers to be triple rinsed; except for nonhazardous ready-touse pesticides that do not require dilution, which must only be drained for one 30-second period. After rinsing, disposal of these containers may be accomplished by taking nonreturnable containers to an approved landfill and returning returnable containers to the supplier. After rinsing, empty combustible containers may be disposed of in a sanitary landfill or high temperature incinerator approved by DEC. Leftover pesticides or containers that are not empty must be disposed of at a facility approved under Part 360 (Solid Waste) or Part 373 (Hazardous Waste) and allowed to receive such material. It may be possible to return leftover pesticides or unopened containers of pesticides to the supplier. If the pesticides to Guidance Manual for Small Business/Local Gov’t be disposed of are classified as a hazardous waste, they generally must be disposed of through a permitted hazardous waste hauler, although self-transportation may be permissible for small amounts. Safety Section 325.2 requires that all equipment containing pesticides and drawing water from any water sources shall have an effective antisiphon device to prevent backflow. Section 325.6 requires that the certified applicators have the ultimate responsibility for providing information on the hazards involved in handling pesticides and instruction on precautions to avoid such hazards, providing safety equipment, protective clothing and instruction on reentry for those persons working under their direct supervision. If the certified applicator is not the owner or manager of the facility, project or operation, this responsibility shall reside with the owner or manager of the facility, project or operation.  Commercial Pesticide Applicator Certification, covered under 6 NYCRR Part 325 - This regulation requires any person applying pesticides commercially to be certified as a commercial pesticide applicator, or to be working under the direct supervision of a person so certified. Commercial pesticide applications include all pesticide applications to: - state campgrounds - state or federal wildlife management areas - state forest management areas - state-owned buildings and grounds - state-owned golf courses and parks - state highway rights-of-way - state utility electrical rights-of-way. 22 January 1998  Aquatic Pesticide Permit, covered under 6 NYCRR Parts 327, 328 & 329 - These parts regulate the use of aquatic pesticides for the control of aquatic vegetation, aquatic insects and undesirable fish. Any authorized person which is a riparian owner or is representing one or more riparian owners may apply to the NYSDEC for an aquatic pesticide permit. The certified applicator who actually performs the pesticide application must be certified in commercial applicator subcategories 5A (aquatic vegetation control), 5B (aquatic insect control) or 5C (undesirable fish control). There are numerous conditions for obtaining a required aquatic pesticide permit from DEC. Refer to the regulations, or contact the Division of Solid and Hazardous Materials at (518) 457-7482. An aquatic pesticide permit application fee is $50.00 EXCEPTIONS: A permit is not required for removing undesirable fish by netting, trapping, drawing down of water or any other method not involving the use of chemicals when legally authorized by DEC.  Pesticide B u s i n e s s Registration Requirements - All pesticides businesses that provide commercial pesticide applications for hire, must register with DEC. The business must employ at least one pesticide applicator certified in category(ies) of pesticide applications performed by the business. In addition, the business must meet the minimum insurance requirements of $100,000 per individual and $300,000 per incident bodily injury and $50,000 property damage, or a surety bond of comparable value, by a company licensed to do business in New York State. The business must keep accurate records of the kind and quantity of each pesticide used, dosage rates, methods of application, target organisms, and the use, date and place of application for each pesticide used. The records must be maintained for a minimum of three years. An annual report of pesticide use must be sent to the Pesticide Management Section, Bureau of Pesticides and Radiation Guidance Manual for Small Business/Local Gov’t by January 15 each year. registration fee is $50. The annual  Commercial Permit Holders - Businesses that sell restricted use pesticides must obtain commercial permits from DEC. In order to obtain a commercial permit, the business must employ at least one commercial pesticide applicator. The commercial permit holder must keep accurate records of each restricted use pesticide sale and provide an annual report of restricted use pesticide sales to DEC. Commercial permits are $50 for a two-year period. Division of Solid and Hazardous Materials, Bureau of Pesticides and Radiation contact: (518) 457-7482.  Pesticide Product Registration, covered under ECL Article 33 Title 7 - Every pesticide sold or used in New York State must be registered by the U.S. Environmental Protection Agency (EPA). Pesticides include herbicides, insecticides, antimicrobials (including disinfectants), rodenticides, fungicides, miticides, and molluscicides. There should be an EPA Registration Number on the product label. Products without a number on the label should be brought to the attention of the DEC Pesticide Product Registration Section. Further, the law requires that every pesticide product that is used, distributed, sold or offered for sale within New York State must be registered by DEC. Any products in question can be verified by calling the Pesticide Product Registration Section. Division of Solid and Hazardous Materials, Pesticide Product Registration Section contact: (518) 457-7446. 23 January 1998 HOW PESTICIDE APPLICATORS CAN PROTECT THEMSELVES ‡ 3. It is the responsibility of all employers to provide a safe-work environment. However, pesticide applicators are not always provided with all of the information they need to protect themselves from exposure to toxic pesticides. This explains some of the ways that these exposures can be reduced. The areas of the body with the largest chance of pesticide exposure are the hands and feet. Chemically resistant gloves and boots are designed to limit skin exposures to these parts of the body. Respirators will reduce the hazard of breathing in pesticides. Goggles are for eye protection. Types of Protective Gear Each applicator should have the following equipment of their own for routine use, unless the label, Material Safety Data Sheet (MSDS), or other information for the specific chemical in use, indicates otherwise: 1. Chemically Resistant Gloves Most of the pesticides that land on the human body will probably be on the hands and feet. A few pairs of chemically resistant gloves should be kept on hand. Nitrile and butyl rubber are preferable for most pesticides. PVC gloves are recommended for Talon G. Latex (natural rubber) is no good for liquid formulations (it can be penetrated by xylenecontaining liquids in less than 12 minutes). Gloves must be unlined so they can be washed at the end of each job. For comfort, applicators can wear cotton gloves or a removable liner underneath. Cotton liners must also be washed daily. Chemically Resistant Boots Chemically resistant boots, should preferably be made out of nitrile or butyl rubber. Latex (natural rubber) is not protective for liquids. Never use leather or canvas shoes where 24 there is a chance of spills because they can absorb pesticides and cause excess exposure! Respirators and Goggles: A. A full-face mask should be worn if inhaling toxic amounts of vapor, mist, or dust. Full-face masks should have fogproof features, such as a treated faceshield or an internal nose cap. A half-face mask and goggles is a practical alternative to a full-face mask. In addition, applicators should wear a face-shield, if the pesticide is corrosive to the skin. Eye goggles should be chemically resistant, tight-fitting, fog-proof and able to be worn over glasses with a half-face respirator. However, masks and goggles are bulky to wear together, and less protective than a full-face mask. In some cases, removal of the goggles after mixing and loading is safe. On each respirator cartridge/canister there must be a label that states it is NIOSH approved for pesticides. The cartridge must also be approved for use with that particular type of face-piece. Face-pieces and cartridges from different manufacturers can not be combined and even some combinations from the same manufacturers are not approved. Pesticide cartridges are not safe for all pesticides and solvents, nor are they safe for very high levels of pesticides, so it is important to check the Material Safety Data Sheet. C. The Federal Occupational Safety and Health Administration (OSHA) requires that when a respirator is issued, the employer must have a written respiratory protection program that must: • train applicators to inspect, clean, and test respirators; B. 2. Guidance Manual for Small Business/Local Gov’t January 1998 • do a special test to determine that the respirator fits properly; and • provide medical exams to determine fitness for wearing a respirator. Respirators that do not fit properly can be worse than no respirator at all, because they give a false sense of protection. Respirators should be checked for fit with each use. This can be done by either covering the inhalation valve and trying to breathe in, or covering the exhalation valve and trying to breathe out. 4. Chemically Resistant Apron: An apron made of nitrile or butyl rubber, or other chemically resistant material, should be worn during loading or mixing of pesticides, especially when splashes are likely to occur. 4. Face-shields: Wear a face-shield if required, by the MSDS or the label. Determining What Gear Is Needed NEVER WEAR LESS PROTECTION THAN WHAT IS RECOMMENDED ON THE LABEL AND MATERIAL SAFETY DATA SHEETS (MSDSs) FOR PESTICIDE USE. These MSDSs should be rechecked every few months, as they may become outdated. Be aware that the lack of any statement or the mention of only one piece of equipment does not rule out the need for additional protection. Minimum protection for almost all pesticide operations is chemically resistant gloves, boots, and goggles. In addition, at a minimum, a long sleeved cotton shirt, pants, and socks are needed. How to Select Protective Gear The level of protection you will need will depend on the particular pesticide and where you use that pesticide. Use the following steps to decide the level of protection you need: Check Written Material: 1. Label: In the section of the label entitled "Handling or Safety Precaution" or "Precautionary Statements" or "Notice to Applicator" statements on whether to avoid skin contact or inhalation are listed. Any required gear will also be listed. MSDS: The Material Safety Data Sheet contains a section called "Special Protection Information" which lists equipment required or recommended. All employees must make MSDS's available. They can also be obtained 24-hours a day by calling 1 (800) 858-7378. Fact Sheets: Fact sheets may be obtained from the OCAW District 8 Resource Center, 1155 West Chestnut St., Union, New Jersey 07083 or by calling 908/687-1322. For very hazardous chemicals or applications, keep the following equipment on hand: 1. Coveralls: Tightly woven cotton coveralls that fit over work clothes should be worn to protect against toxic dust, granules, and powder. Thick coveralls will absorb lightly sprayed pesticides, but if they become wet they could, in turn, wet inner clothing and skin. Therefore, they are not recommended for liquids. Chemically Resistant Suits: For resistance to liquids, coated and laminated nonwoven disposable suits (such as Tyvek [R] QC or Tyvek [R] QC+) are good protectors from most liquids. (One exception is chlorinated hydrocarbons.) Rubber rainwear and fabrics coated with PVC, butyl or neoprene will also protect against liquid pesticides. Headgear: The head and neck readily absorb pesticides. If these parts of the body may be exposed (when spraying overhead or fogging) a hard hat (with nonabsorbing liners), a hood, or a wide-brimmed hat will be necessary. 2. 2. 3. 3. Guidance Manual for Small Business/Local Gov’t 25 January 1998 Checklist for Selecting Protective Gear Use a Respirator If: 1. 2. The MSDS says to use a respirator. The label or MSDS says to avoid inhalation of either mist, vapor, or dust, or that the pesticide is harmful if inhaled. The pesticide contains a possible or probable cancer causing substance. The pesticide is moderately or highly toxic (i.e., label says warning or danger) and there is a possibility of inhalation (i.e., it is a spray under high pressure or can easily evaporate). Determine Likelihood of Exposure The likelihood and amount of exposure depends on how and where the pesticide is actually used. If your exposure to pesticides is high, you may need more protective gear than is listed on the chart below. Some factors that can effect exposure are: 1. Exposure can often be highest when mixing and loading because the pesticide is most concentrated at this point. The chances of splashing and spilling are increased during mixing. Exposures can be higher in enclosed, small, or unventilated spaces. Exposure to a pesticide can be highest for pesticides with the highest concentration of active ingredient. Exposure can be higher if more pesticide is used in a given area. Exposure can be higher if a pesticide is sprayed at higher pressure or as smaller sized particles. Exposure can usually be higher where the pesticide comes out of the container. The longer the length of contact with pesticide, the higher the exposure. Exposure will be highest downwind of the spray. 3. 4. 2. 3. Wear Chemically Resistant Clothing If: 1. The MSDS says it is required, or it may be required depending on the operation involved. The pesticide contains a substance that is a possible or probable cause of cancer. The label says to avoid contact with skin or clothing, or that it may be harmful if absorbed through skin. The pesticide is a liquid that is moderately or highly toxic that can penetrate regular clothing. 4. 2. 5. 3. 6. 4. 7. 8. Wear Goggles If: 1. The MSDS says it is required, or that it may be required for prolonged exposure. The label says to avoid eye contact, and the generation of dust or mist is possible. 2. Wear Face-shield, Full Face Respirator, or Safety Glasses If: 1. The MSDS or label states they are needed or recommended. 26 Cleaning Protective Gear Pesticide applicators should have their own respirators. They should be cleaned after each use with a mild detergent and water or according to the manufacturer's recommendations. Commercial cleaning products for respirators are available. Cartridges should be changed daily. Applicators should wear a clean set of clothes each day. The employer should launder contaminated clothing and provide five clean sets of clothes and coveralls each week. Guidance Manual for Small Business/Local Gov’t January 1998 Contaminated clothing should be kept separate from the family laundry. Airing the clothing in the sun before washing helps to break down pesticides. Use a "heavy duty" laundry detergent. If you must wash your clothing at home, run the washer empty to clean it after washing contaminated clothing. Gloves should be washed with a detergent and water. The outside of the gloves should be washed before they are removed. Wash the insides daily. Nitrile and neoprene gloves can be used for 120 to 160 work hours before being replaced. PVC and natural rubber gloves should be replaced after 40 work hours. Work Practices The following practices can reduce your exposure: 1. Spend as little time as possible in an area that has been sprayed. Use low pressure applications rather than high pressure, aerosols, or fogging when possible. Keep as far away from dust or spray as possible (use long-handled equipment for shoveling solids or for spraying liquids). Do not smoke or eat with contaminated hands or in areas that have been recently treated. Avoid ingesting pesticides that get onto utensils, cigarette butts or food. hours, if working with highly toxic pesticides marked ("Danger" or "Poison"). Personal Hygiene is very important in preventing exposure. 1. Wash contaminated hands before urinating (to prevent scrotal contamination) and before eating or smoking. Shower, shampoo, and clean nails at the end of each day. (It is safer to do this at the last facility treated, or at a common facility before going home). The towel you use should be handled like contaminated clothing. If you have to get in your car fairly often each day between jobs, so that changing into clean clothes each time is impractical, you should use a piece of nitrile, or butyl rubber or neoprene to cover your seat. You can cover this with a thick towel for comfort. At the end of each day, add the towel to your contaminated laundry and also wash the nitrile, butyl rubber or neoprene cover. 2. 3. 2. 3. Equipment/Vehicles 1. Pesticide containing equipment should be kept in good repair and cleaned after each use. Be sure there are no leaks in hoses, pumps or tanks. New spray equipment should be tested with water for leaks and proper operation, before pesticides are added. Measuring devices called "tip and pours" should be used to transfer small amounts of liquid. Never use your mouth to siphon pesticides or to clean nozzles. Pesticides should never be kept in the passenger area of a car because it may be impossible to thoroughly clean a spill on a January 1998 4. 2. 5. Use ventilation or open windows while applying pesticides, if it will not interfere with treatment (as may be the case when fogging) or contaminate other occupied areas. Avoid spraying or dusting the surfaces, because this could cause rapid evaporation of the ingredients into the air. Do not work alone, if possible, or keep in contact with someone at least every two 27 3. 6. 4. 7. 5. Guidance Manual for Small Business/Local Gov’t car seat. Put them in the trunk of your car in rigid, liquid-proof containers (such as plastic buckets) and secure them so they will not shift, roll, or bounce around. 6. In addition to pesticides and protective gear, each vehicle should have the following equipment for use on the job: • absorptive material for spills, such as kittylitter, clay, activated charcoal, or sawdust. • hydrated lime for decontamination of surfaces. • extra soap, water, detergent, or whatever else is suggested on the label for cleanup. • flashlight. • an extra change of clean clothing and shoes, and a blanket in the passenger compartment, in case of a spill. • a first aid kit. Communication Standard, which is enforced by the Occupational Safety and Health Administration (OSHA), your employer must have a written training program that informs workers how to work safely with pesticides. They must also have all of the MSDSs on file and train workers on the MSDS and labeling information. In addition, the training must include: 1. Methods used to detect the presence of a hazardous chemical. Physical and health hazards of the chemicals. Protective measures such as work practices, emergency procedures, and protective gear. How to obtain and use the MSDS and labeling system. Training must occur when an applicator is hired and each time a new chemical is introduced. Training on the need, use, care, and limitations of respirators is required under OSHA's Respiratory Protection Standard. 2. 3. 4. 5. 6. Medical Surveillance: All pesticide applicators should have a preemployment physical, including a baseline cholinesterase test. If your cholinesterase levels fall by more than 25% below your preemployment level, this may be an indication of poisoning, even if the lab still calls these levels normal. Applicators who use organophosphate pesticides should have both "plasma" and "red blood cell" cholinesterase levels tested on a routine basis. A medical surveillance exam should include whether your heart and lungs are in condition for wearing a respirator. This is because wearing a respirator puts additional strain on these organs. The exam should also look for skin disease, the most common problem for applicators. Training: Good training is probably the most important for safety. Under the Federal Hazard Guidance Manual for Small Business/Local Gov’t Under federal OSHA's Standard for Hazardous Waste and Emergency Response, anyone who responds to a spill of a hazardous material is required to have training that corresponds to their level of involvement in the clean up. If an applicator is responsible for stopping the spread of pesticides that spill, they are required to have at least 8 hours of "first responder operations level" training. Applicators responsible for plugging, patching, or otherwise stopping the release, must have al least 24 hours of training. There should be a written emergency plan for each site. Any commercial pesticide applicator must be certified, or must work under the direct supervision of a certified applicator (see Regulation 26). 28 January 1998 First Aid and Emergency Response: Always know the number to call to get a doctor or ambulance. Read the label before starting a job to make sure: 1. There is adequate water for flushing the eyes and skin. There is proper equipment for cleaning up a spill. The necessary rescue equipment or phone number for a rescue squad is available. 2. 3. People who are not trained to clean up spills as required by law should not attempt to do so. Evacuate the area and call the fire department and the DEC Spill Hotline Number: 1 (800) 457-7362. ‡ By Alice Freund, through a grant from the New York State Occupational Safety & Health Training & Education Program, published by OCAW District 8 Resource Center, 1155 West Chestnut Street, New Jersey 07083. Pesticide Reporting Law - The Pesticide Reporting Law (Chapter 279, Laws of 1996) requires every certified commercial applicator, commercial permit holder, and importers, manufacturers and compounders of pesticides to report pesticide sales and use activities annually, starting with the period from January 1, 1997 through December 31, 1997. The report is due to the New York State Department of Environmental Conservation no later than February 1 of the year following the calendar year for which the report is being submitted. A toll free number (1-888-4570110) has been established for assistance, or to request report forms. Although the Pesticide Reporting Law establishes new reporting requirements for calendar year 1997, all previously existing record keeping requirements still apply. Businesses can continue to submit annual reports for all certified applicators that work for them by including a list of certified applicators and their certification numbers with the reports. You must also submit information for any applications made by applicators who are not certified, but are working under another applicator’s certification. Guidance Manual for Small Business/Local Gov’t 29 January 1998 Pesticides Publications Contact the Division of Solid and Hazardous Materials central office numbers listed or the regional offices found on page 42 for copies of this or other pesticides publications and forms or technical assistance.  Information sheet on required backflow prevention devices for all pesticide applicators drawing water from a water supply. Call (518) 457-7482 for more information.  Report forms for 1998 report year will be available January 1998, published by NYSDEC. Contact the EPA at 703-305-5017 or the EPA Public Information Center at (202) 260-7751 for these and other USEPA prevention, pesticides and toxic substances publications.  Citizen's Guide to Pesticides, September 1987, published by USEPA, Office of Pesticides and Toxic Substances.  Healthy Lawn, Healthy Environment, June 1992, publication #700-K-92-005, published by USEPA, Office of Prevention, Pesticides and Toxic Substances. Provides information on caring for your lawn in an environmentally friendly way. Guidance Manual for Small Business/Local Gov’t 30 January 1998 B. HAZARDOUS WASTE Summary of Regulations - Regulations in this section cover hazardous waste generators, hazardous waste manifest, hazardous waste treatment, storage and/or disposal, hazardous waste management facility permits, and hazardous waste reduction. For more detailed information on any of the following hazardous waste regulations, please refer to the regulations or contact the regional office listed on page 42, or the Division of Solid and Hazardous Materials numbers listed.  Regulation of Hazardous Waste Generators, covered under 6 NYCRR Parts 371, 372, 373, 374 and 376; and 6 NYCRR Parts 480, 481 and 483. The authority to regulate hazardous waste generators is derived from ECL Article 27, Title 9. Part 371 is an identification and listing of hazardous wastes. Persons who generate 15 tons or more per year may be charged program fees, pursuant to 6 NYCRR Part 483. Also, the requirements for Conditionally Exempt Small Quantity Generators are contained in this section. Part 372 contains requirements that apply generally to generators of hazardous waste including: - rules for determining when a party is a generator or a small quantity generator; - requirements regarding storage and accumulation of hazardous wastes (also in Part 373); - requirements regarding marking and labeling of waste containers; - requirements regarding manifesting of offsite shipments of hazardous waste; - requirements for contingency plans and training of personnel; - requirements for international shipments of hazardous wastes; and - record keeping and reporting requirements. In accordance with ECL Article 27, Title 9, generators of equal to or greater than 25 tons in calendar year 1996 or any subsequent calendar year shall prepare, implement and submit to DEC a hazardous waste reduction plan on or before July first of the following calendar year. Part 374 contains requirements applicable to generators of certain specific classes of hazardous waste, including certain recyclable materials, wastes burned for energy recovery, used oil burned for energy recovery, wastes from which precious metals are recovered, and spent lead-acid batteries. Part 376 contains requirements that must be met for land disposal of hazardous waste. Parts 480, 481 and 483 identify liability for hazardous waste generator program fees, including who must pay and how much, what data is used to determine the fee, how the generator can request a redetermination of the fee, fee exemptions related to cleanup, remediation or corrective action. Division of Solid and Hazardous Materials contact: (518) 485-8988  Hazardous Waste Generator Annual Report Requirements, covered under 6 NYCRR Part 372 - Requires all hazardous waste generators who generate more than 1,000 kilograms (2,200 lbs.) in any month, or store more than 1,000 kg at any time, or generate more than 1 kg of acute hazardous waste as defined in Part 372, to submit an annual report to the DEC. The annual report describes the types and amounts of hazardous waste generated and where and how they were disposed of. The Generator Annual Report is done on forms provided to the generator by the DEC. Guidance Manual for Small Business/Local Gov’t 31 January 1998 Division of Solid and Hazardous Materials contact: (518) 457-0532  Hazardous Waste Program, covered under 6 NYCRR Parts 370-374, 376: Part 370 contains definitions of terms, including manifest, generator, transporter, and treatment, storage and disposal facility (TSDF). Part 371 identifies what materials are hazardous wastes. Part 372 requires that shipments of hazardous waste from generators to TSDFs be accompanied by a hazardous waste manifest document. The manifest document serves as a multipurpose instrument to be used as a tracking, auditing and enforcement device. Part 372 also identifies the requirements for hazardous waste manifesting that apply to hazardous waste generators and transporters. In addition, Part 372 contains certain exemptions applicable to recyclable materials, farmers, publicly owned treatment works, waste samples, residues in empty containers, and generators of small amounts of hazardous waste. Part 373 contains hazardous waste manifesting requirements applicable to treatment, storage and disposal facilities. Part 374 contains the requirements for generators, transporters and handlers of certain specific classes of hazardous waste. Division of Solid and Hazardous Materials contact: (518) 457-6858 Part 376 contains the requirements for land disposal restrictions and identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may be land disposed. Except as specifically provided otherwise in Part 376 or Part 371, the requirements of Part 376 apply to persons who Guidance Manual for Small Business/Local Gov’t generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities. Division of Solid and Hazardous Materials contact: (518) 485-8988  Hazardous Waste Management Facility Permits, covered under 6 NYCRR Subpart 373-1 - Regulates the treatment, storage and/or disposal of hazardous waste identified in Part 371. A Part 373 permit is generally required to construct and/or operate a hazardous waste management facility. Standards for physical design and operation are found in Subparts 373-2 and 373-3 and must be met. Facilities are required to institute corrective action to remediate contamination that may be present. Permits are required for facilities that incinerate, burn for energy recovery or landfill hazardous waste. Permits are also required for facilities that manage hazardous waste in surface impoundments or waste piles. Permits may also be required for facilities that treat or store hazardous waste in tanks or containers.  Hazardous Waste Recycling - Generally speaking, a permit is not required to recycle hazardous waste as long as the waste is not stored prior to recycling. If you are transporting hazardous waste to your facility for recycling, be sure to check the requirements for transporting this waste. Division of Solid and Hazardous Materials contact: (518) 457-9257 32 January 1998 Hazardous Waste Publications  New York State Waste Reduction Guidance Manual, March 1989, published by DEC Division of Solid and Hazardous Materials. This manual can help firms reduce the amount of waste they generate while helping them to increase profits, productivity, efficiency, and product quality. It can be used by those responsible for preparing hazardous waste manifests, annual reports, and permit applications, or for the development or implementation of a waste reduction program. It is useful for plant operators, engineers, or operations managers responsible for any program, operation, or process that generates waste. The manual can be used by any waste generator to find out what waste reduction is, what the benefits of it are, appropriate waste reduction techniques, and how a waste reduction program can be implemented and sustained.  New York State Waste Reduction in the Electronics Industry" March 1992, (a supplement to the New York State Waste Reduction Guidance Manual, March 1989), prepared by the Radian Corporation, published by DEC Division of Solid and Hazardous Materials. This supplemental document has been prepared to help the electronics industry achieve the intent of the state's hazardous waste management hierarchy and DEC's waste reduction policy, and to assist companies with implementing and sustaining waste reduction programs. This document presents basic concepts needed to conduct a waste reduction program, specific methods which can be used to reduce wastes generated by the electronics industry, case studies of successful waste reduction projects illustrating how cost savings can be realized by reducing hazardous waste generation, and additional sources of waste reduction information.  Hazardous Waste Reduction Plan Guidance Document, August 22, 1996, published by DEC Division of Solid and Hazardous Materials. This guidance manual has been prepared to help generators prepare, implement and submit to the DEC a Hazardous Waste Reduction Plan (HWRP). The contents of the HWRP, the biennial update and status report are discussed in detail in the document. Call (518) 4577337 for more information. Guidance Manual for Small Business/Local Gov’t 33 January 1998 C. RADIOACTIVE WASTE Summary of Regulations - For more detailed information on any of the following radioactive waste regulations, please refer to the regulations or contact the Bureau of Pesticides and Radiation in the Division of Solid and Hazardous Materials at (518) 457-2225.  Prevention and Control of Environmental Pollution by Radioactive Materials, covered under 6 NYCRR Part 380. Part 380 regulates the disposal and discharge of licensed radioactive material to the environment within the state. Any person or facility that releases radioactive material to the environment (above specified thresholds for airborne emissions) must obtain a Radiation Control Permit. Permits are granted on a case-by-case basis to researchers who conduct environmental research using trace amounts of radionuclides. The concentrations of radionuclides discharged or used in the environment must not exceed permit limits. No permit application fees are required for a Part 380 permit. However, other permits do require permit application fees as specified in Part 621 and environmental regulatory program fees. All facilities that discharge or dispose of radioactive materials are regulated under Part 380. Approximately 40 facilities, including industrial, medical and academic facilities, have obtained Part 380 permits to authorize specific discharges in accordance with the State's Part 380 permit program. In 1994, the Part 380 regulations were revised to reflect changes in federal regulations. The revised regulations incorporate the pollution prevention goal "as low as reasonably achievable" (ALARA). Under the revised regulation, permittees are required to demonstrate that their discharges have been minimized to keep exposures due to radiological discharges ALARA. The program will require permittees to periodically review emission levels and document their Guidance Manual for Small Business/Local Gov’t application of ALARA principles. This is consistent with DEC policy, which encourages best management practices to minimize environmental pollution and to foster a goodfaith commitment to waste reduction and pollution prevention among permittees.  Low-Level Radioactive Waste Transporter Permit and Manifest System, covered under 6 NYCRR Part 381. Part 381 regulations pertain to the transportation, delivery, disposal or other relinquishment of possession of low-level radioactive waste (LLRW). Any transporter that carries LLRW into, within or through New York State by highway must have a valid permit. In addition, transporters of LLRW must send DEC copies of all manifests that accompany shipments through New York.  Siting and Disposal Method Criteria for LLRW Disposal Facilities, covered under 6 NYCRR Part 382. Part 382 regulations govern the selection of sites and methods for LLRW disposal facilities. The regulations set forth minimum siting criteria pertaining to population, wetlands, floodplains, soils, and other factors of concern. For disposal method selection, criteria include such factors as recovery or retrieval, structural stability, and materials requirements. Moreover, the regulation specifies dose limits as overall requirements for facility performance. Part 382 also contains the classification system for LLRW and the requirements for acceptable waste form and characteristics.  Regulations for the Design, Construction, Operation, Closure, and Institutional Control of LLRW Disposal Facilities, covered under 6 NYCRR Part 383. 34 January 1998 Part 383, adopted in 1993, establishes extensive requirements for LLRW disposal facilities. These include requirements for waste minimization. Under Part 383, a LLRW disposal facility operator is required to implement a waste minimization plan for onsite activities. This plan will be a condition of the operating permit. Additionally, an operator may only accept waste from generators who submit a statement describing the generator's own waste minimization plan. Thus, all who dispose of waste at the facility are required to have a waste minimization program. Division of Solid and Hazardous Materials, Bureau of Pesticides and Radiation contact: (518) 457-2225 Guidance Manual for Small Business/Local Gov’t 35 January 1998 Radioactive Waste Publications Contact the Division of Solid and Hazardous Materials, Bureau of Pesticides and Radiation at (518) 457-0917 for copies of these or other LLRW documents.  6 NYCRR Part 380: Rules and Regulations for Prevention and Control of Environmental Pollution by Radioactive Materials, as Amended December 1994 (93 pp.).  6 NYCRR Part 381: Low-Level Radioactive Waste Transporter Permit and Manifest System, as Promulgated September 1988 and Amended September 1997 (32 pp.).  Final Generic Environmental Impact Statement for Promulgation of 6 NYCRR Part 381: Regulations for Low-Level Radioactive Waste Transporter Permit and Manifest System, July 1988, Volume I (320 pp.) & II (192 pp.).  6 NYCRR Part 382: Regulations for Low-Level Radioactive Waste Disposal Facilities (Certification of Proposed Sites and Disposal Methods), as Amended March 1993.  Final Environmental Impact Statement for Promulgation of 6 NYCRR Part 382: Regulations for Low-Level Radioactive Waste Disposal Facilities (Certification of Proposed Sites and Disposal Methods), December 1987, Volume I (422 pp.) and II (394 pp.).  6 NYCRR Part 383: Regulations for Low-Level Radioactive Waste Disposal Facilities: Design, Construction, Operation, Closure, Post-Closure, and Institutional Control, March 1993 (185 pp.).  Final Generic Environmental Impact Statement for Promulgation of 6 NYCRR, Part 383: Regulations for Low-Level Radioactive Waste Disposal Facilities (Design, Construction, Operation, Closure, Post-Closure, and Institutional Control), January 1993, Volume I (518 pp.) & II (523 pp.).  6 NYCRR, Part 383-6: Regulation of Low-Level Radioactive Waste Disposal Facilities Financial Assurance Requirements, November 1991 (75 pp.).  Final Generic Environmental Impact Statement for Promulgation of 6 NYCRR, Subpart 383-6 Financial Assurance Requirements for Low-Level Radioactive Waste Disposal, November 1991,Volume I (216 pp.) and II (332 pp.).  Recommendations for State Assistance to Localities Affected by the Siting of a Low-Level Radioactive Waste Management Facility, April 1987 (123 pp.).  New York State Low-Level Radioactive Waste Transportation Reports; 1987 to 1992.  New York State Low-Level Radioactive Waste Transportation Reports; 1993 to Current: contact NYS DEC, Division of Environmental Permits, 50 Wolf Road, Albany, 12233-1750 (518-457-2224).  DHSR TAGM 4003: Cleanup Guidelines for Soils Contaminated with Radioactive Materials, September 14, 1993 (6 pp.). Guidance Manual for Small Business/Local Gov’t 36 January 1998 D. WASTE REDUCTION, REUSE and RECYCLING Summary of Regulations - For more detailed information on any of the following recycling regulations, please refer to the regulations or contact the regional office (refer to list on page 42) or the Bureau of Waste Reduction and Recycling of the Division of Solid and Hazardous Materials at (518) 457-7337.  Recyclables Handling and Recovery Facilities, covered under 6 NYCRR Subpart 360-12 - The purpose of this subpart is to regulate recyclables handling and recovery facilities, activities and operations that manage recyclables separated from the remaining solid waste stream. Facilities which handle exclusively source separated nonputrescible recyclables must be registered with NYSDEC. A permit is required for facilities which separate recyclables from solid waste. EXEMPTIONS: No registration or permit is required for: a) buy-back centers; b) returnable container redemption operations conducted at a dealer, distributor, or redemption centers; c) certain manufacturing facilities; and d) intermediate processors. recyclable materials from solid waste. Your municipal or county recycling coordinator or your trash hauler will help to identify the materials to be separated (e.g., newspaper, plastics, metals and glass). These local laws are applicable to all residential, commercial, industrial, and institutional sources of solid waste. Your business may want to and are encouraged to separate additional recyclable materials.  Comprehensive Recycling Analysis, covered under 6 NYCRR Part 360, section 1.9(f) and also required under section 1.11(h) - These plans are developed by municipalities to assure that waste reduction and recycling are part of each municipality's solid waste management program to assure that waste reduction, reuse and recycling are maximized.  Governor’s Waste Reduction and Recycling Awards, recognizes businesses, municipalities, non-profit organizations, environmental groups and individuals who have made outstanding efforts to reduce solid waste through the use of source reduction, reuse and/or recycling programs. For additional information on the awards program, contact the Bureau of Waste Reduction and Recycling at (518) 457-7337. Contact the Bureau of Waste Reduction and Recycling if you have questions about:  Waste reduction and reuse  Recycling assistance  Recycling education and consumer awareness  Recycling grants for municipalities  Recyclables handling and recovery facilities  Recycling emblems  Recycling Emblems, covered under 6 NYCRR Part 368 - This part established official recycling emblems and standards to be applied for the use of such emblems and the terms "recycled," "recyclable," and "reusable." This part also establishes procedures for petitioning the department for authorization to use an emblem. If your business manufactures a product that you believe is made of recycled, recyclable or reusable materials, and you advertise claims that they are, make sure that you are following New York State regulations.  Local Recycling Laws - As of September 1992, all New York State municipalities must have adopted local laws and ordinances requiring source separation of reusable and Guidance Manual for Small Business/Local Gov’t 37 January 1998 Waste Reduction/Reuse/Recycling Publications Contact the Bureau of Waste Reduction and Recycling in the Division of Solid and Hazardous Materials at (518) 457-7337 for copies of the following publications: - Let’s Precycle - Reuse It! - Reduce, Reuse, Separate and Recycle! - Easy Backyard Composting - S.T.O.P. - Your School Can Stop - STOP Right There! - Get Your Money Back - New York State Returnable Container Act - Householder’s Recycling Guide - Change Your Own Oil? - Lead-Acid Battery Recycling - Recycling Emblems - What Do They Mean? - Multi-Resident Recycling Guide - The Reusable Lunch Box Guide - Plastic Recycling is as Easy as 1,2,3,4,5,6,7 - Tire Tips - Do You Get Too Much Junk Mail - Waste Reduction and Recycling at the Supermarket - Buy Recycled - The Recycling Bulletin - Education Curricula List - Help the Waste Reduction Wildlife Coloring Book - Supermarkets Authorized to Use the New York State Recycling Emblems - Construction and Demolition Debris Tracking Document Form Guidance Manual for Small Business/Local Gov’t 38 January 1998 E. SOLID WASTE MANAGEMENT FACILITIES Summary of Regulations - For more detailed information on any of the following solid waste regulations, please refer to the regulations or call the regional office (refer to list on page 42) or the Division of Solid and Hazardous Materials numbers listed. In most cases, a permit or registration is required to construct and operate a solid waste management facility. However, several exemptions can be found in subdivision 360-1.7(b).  Composting Facilities, covered under 6 NYCRR Subpart 360-5 - This subpart regulates the construction and operation of composting facilities for sewage sludge, septage, yard waste, other solid waste and the use of compost. Standards are established for the use of compost materials. This regulation is being revised to incorporate the federal 40 CFR Part 503 regulations, and other technical changes. EXEMPTIONS: Refer to subpart 360-5. Division of Solid Waste contact: (518) 457-3966  Construction and Demolition Debris (C&D) Landfills, covered under 6 NYCRR Subpart 360-7 - This subpart regulates landfills that are exclusively for the disposal of C&D debris. Land-clearing debris landfills, three acres or less in size, may be eligible for registration. EXEMPTIONS: Refer to subpart 360-7. Division of Solid and Hazardous Materials contact: (518) 457-3966  Construction and Demolition Debris (C&D) Processing Facilities, covered under 6 NYCRR Subpart 360-16 - This subpart regulates construction and demolition (C&D) debris processing facilities, activities and operations that manage recyclables separated from the remaining solid waste stream, and the use and disposal of processed C&D debris. Guidance Manual for Small Business/Local Gov’t Registration may be allowed provided only certain C&D debris is managed at the facility. All materials leaving a C&D processing facility must have a tracking document. EXEMPTIONS: Registration is required for facilities receiving and processing only recognizable uncontaminated concrete and other masonry waste, asphalt pavement, brick, soil or rock that has not been in contact with a spill from a petroleum product, hazardous waste, or industrial waste, and that is not commingled with any other solid waste. Division of Solid and Hazardous Materials contact: (518) 457-7337.  Land Application Facilities, covered under 6 NYCRR Subpart 360-4 - This subpart regulates the application of septage, sewage sludge, food processing waste, and other sludges and solid wastes to the land. Surface impoundments and tanks for the storage of septage, sewage sludge, food processing waste, and other sludges are also regulated. Loading limits are established for the use of sewage sludge. This regulation is being revised to incorporate the federal 40 CFR 503 regulations, and other technical changes. EXEMPTIONS: Refer to subpart 360-4. Division of Solid and Hazardous Materials contact: (518) 457-3966  Landfills, covered under 6 NYCRR Subparts 360-2 - This subpart regulates the siting, design, construction, operation, closure and post-closure of all landfills that dispose of solid waste. A permit to construct and operate a landfill is required. Division of Solid and Hazardous Materials contact: (518) 457-1859 39 January 1998  Landfill Gas Recovery Facilities, covered under 6 NYCRR Section 360-2.16 - This section regulates the construction and operation of all landfill gas recovery facilities (LGRF). A permit to construct and operate an LGRF is required. Division of Solid and Hazardous Materials contact: (518) 457-1859  Liquid Storage Facilities, covered under 6 NYCRR Subpart 360-6 - All liquid waste storage tanks and surface impoundments located at solid waste management facilities are subject to regulation, unless the NYSDEC has determined that the facility is exempt. A permit is required to construct and operate a liquid storage facility. For liquid (leachate) storage located at landfills that are permitted under regulations, the landfill permit typically includes the leachate storage and a separate liquid storage permit is not required. Division of Solid and Hazardous Materials contact: (518) 457-1859  Long Island Landfills, covered under 6NYCRR Subpart 360-8 - The intent of this regulation is to protect the integrity of Long Island's sole source drinking water aquifer by means of prohibiting landfill disposal of unprocessed, putrescible wastes in critical hydrogeologic zones and restricting solid waste residual waste disposal to areas outside the critical deep flow recharge hydrogeologic zones. A permit to construct and operate a landfill on Long Island is required. Division of Solid and Hazardous Materials contact: (518) 457-1859  Regulated Medical Waste, Generators and Transporters, covered under 6 NYCRR Parts 364 and 484 - Part 364 contains requirements that apply to generators, transporters, and persons engaged in the storage, treatment and disposal of regulated medical waste. 40 Anyone generating less than 50 pounds per month of medical waste who self-transports their regulated medical waste for treatment or disposal to a DEC approved facility is to be registered with DEC but does not need a permit to transport. However, any other transporter of regulated medical waste must have a Part 364 permit to transport solid or hazardous waste. Refer to Section V - Division of Environmental Permits for additional information on medical waste shipments (in and out of state).  Regulated Medical Waste Treatment, Transfer and Storage Facilities, covered under 6 NYCRR Subparts 360-10 and 360-17. These subparts regulate the storage, transfer, disposal and treatment of Regulated Medical Wastes (RMW). A permit is required to construct and operate a regulated medical waste management facility or waste management activities beyond the initial point of collection. RMW generators may treat RMW on site of the facility if authorized by DEC. Such treated RMW, or treated and destroyed RMW, may be disposed of as solid waste at an authorized solid waste disposal facility if accompanied by a certificate of treatment. EXEMPTION: Treatment and/or transfer of regulated medical wastes at health care facilities licensed pursuant to the Public Health Law, Article 28 and clinical laboratories licensed pursuant to Public Health Law, Article 28, Section 571. These exempt facilities may accept, as a community service, regulated medical wastes from other producers of RMW within a DEC region. Such facilities may retain the exemption as long as written agreements of the activity are filed with the New York State Department of Health (NYSDOH) and the DEC Bureau of Program Management. The NYSDOH determines what is or is not a regulated medical waste, and manages January 1998 Guidance Manual for Small Business/Local Gov’t licensed health care facilities. The NYSDOH is responsible for regulated medical wastes which remain at DOH licensed health care facilities, diagnostic and treatment facilities, nursing homes and clinical laboratories (not transported off site). Division of Solid and Hazardous Materials contact: (518) 457-9263  Solid Waste Incinerators, Refuse-Derived Fuel Processing Facilities or Solid Waste Pyrolysis Units, covered under 6 NYCRR Subpart 360-3 - This subpart regulates the handling and processing of solid waste at an incinerator, refuse-derived fuel processing plant, or solid waste pyrolysis units. Energy recovery units that burn certain alternate solid waste fuels are eligible for registration. EXEMPTIONS: Solid waste incinerators and refuse-derived fuel plants that existed on or before December 31, 1988 and that have a total design capacity of less than 2,000 pounds per hour are exempt. Division of Solid and Hazardous Materials contact: (518) 457-1859  Transfer Stations, covered under 6NYCRR Subpart 360-11 - The purpose of this subpart is to regulate facilities that transfer or process solid waste. A permit is required to construct and operate a solid waste transfer station. Certain small transfer stations, owned or operated by, or contracted by or on behalf of, a municipality, may be eligible for registration. Division of Solid and Hazardous Materials contact: (518) 457-1859  Used Oil Facilities, covered under 6NYCRR Subpart 360-14 - This subpart regulates facilities that retain, store, reprocess and/or rerefine used oils. A permit is generally required to construct and operate any used oil facility. EXEMPTIONS: Refer to subpart 360-14. Division of Solid and Hazardous Materials contact: (518) 457-7337  Waste Tire Storage Facilities, covered under 6 NYCRR Subpart 360-13 - This subpart regulates facilities that store 1,000 or more waste tires at any time. Waste tire dealers and retreaders and storage of tires for on-site energy recovery are eligible for registration. Some uses for waste tires may qualify as beneficial uses under 6NYCRR, Part 360, and may be eligible for an exemption from regulation as a solid waste. Division of Solid and Hazardous Materials contact: (518) 457-3966 Summary and Specific Issues Affecting Small Businesses Article 27, Title 7 of the Environmental Conservation Law empowers DEC to promulgate rules and regulations regarding the operation of solid waste management facilities. Comprehensive regulations relative to solid waste management facilities are contained in Part 360 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Part 360), which specify in great detail the standards pursuant to which solid waste management facilities are designed, constructed, and operated and the basis for DEC review and decision making with regard to the granting of permits for the construction and operation of such facilities. Upcoming Regulation Changes In February 1993, the EPA promulgated 40 CFR Part 503, Standards for the Disposal of Sewage Sludge. The Division of Solid and Hazardous Materials is in the process of revising Part 360 to incorporate these EPA standards. The revisions to Subparts 360-4 and 360-5, regarding the beneficial use of sewage sludge, are expected to be promulgated in late 1997. In March 1996, the EPA promulgated the Landfill Gas Rule which contains new source performance standards and emission guidelines for municipal solid waste landfills. The Guidance Manual for Small Business/Local Gov’t 41 January 1998 revisions to Subpart 360-2 are expected to be promulgated in late 1997. Impacted Small Businesses may include those operating the following types of facilities: Composting facilities Small private landfills Land application facilities Transfer stations Regulated medical waste facilities Recyclables handling and recovery facilities Waste tire storage facilities Used oil facilities C&D debris processing facilities Other small private solid waste management facilities If you have questions about:  Landfill permitting,  Landfill operator training,  Transfer Stations,  Solid waste incineration, call the Bureau of Solid Waste Incineration at (518) 457-1859  Landfill closures and landfill closure grants,  Solid waste planning and planning grants,  Solid waste technical assistance,  State Solid Waste Management Plan,  Regulated Medical Waste Facilities, call the Bureau of Program Management at (518) 457-7146  Ash residue,  Sludge management, or  Composting, call the Bureau of Resource Recovery at (518) 457-7337.  Used oil facilities,  Waste tires,  C&D processing facilities, call the Bureau of Waste Reduction & Recycling at (518) 457-7337. Solid Waste Management Publications  Medical Wastes Fact Sheet August 1990, describes regulations for off-site waste management. (518) 457-7336  Forms  NYSDEC "Registration Form for a Solid Waste Management Facility." (518) 457-1859 Solid Waste Technical Assistance            Technical training courses on the construction, operation, monitoring and maintenance of solid waste facilities; Part 360 guidance and assistance; Assistance on residuals/disposal and reuse alternatives; Technical workshops on recycling activities; Library of recycling education programs; Guidance and assistance on state financial assistance programs; Assistance on waste reduction and reuse opportunities; Educational materials for the general public; Recycling emblems; Annual recycling conference. Landfill Methane Outreach Program Call the Division of Solid and Hazardous Materials at (518) 457-6934 regarding the above programs. Division of Solid and Hazardous Materials Regional Office Contacts: (See page 75 for regional office locations) Region 1........................................ Region 2........................................ Region 3........................................ Region 4........................................ Region 5........................................ Region 6........................................ Region 7........................................ Region 8........................................ Region 9........................................ (516) 444-0375 (718) 482-4949 (914) 256-3136 (518) 357-2045 (518) 897-1241 (315) 785-2513 (315) 426-7419 (716) 226-2466 (716) 851-7220 Guidance Manual for Small Business/Local Gov’t 42 January 1998          A. FISH, WILDLIFE AND MARINE RESOURCES Summary of Fish and Wildlife Regulations For more detailed information on any of the following fish and wildlife regulations, please refer to the regulations or contact the regional office (refer to list on page 53) or the Division of Fish, Wildlife and Marine Resources numbers listed.  Destructive Wildlife - Permit to Take, covered under ECL Section 11-0521. DEC may direct any Environmental Conservation Officer, or issue a permit to any person, to take any wildlife at any time whenever the wildlife becomes a nuisance, destructive to public or private property or a threat to public health or welfare. Wildlife so taken shall be disposed of as the DEC may direct. These commonly issued permits are used to help landowners control deer and beaver damage Division of Fish, Wildlife and Marine Resources contact: (518) 457-4480  Fishing Permit (Institutional), covered under ECL Section 11-0707 - Patients of state or local tuberculosis sanitariums, institutions of the Department of Mental Hygiene, rehabilitation hospitals of the Department of Health, rest camps maintained by the Division of Veteran's Affairs, or inmates of youth rehabilitation facilities of the State Division for Youth or Department of Corrections, may take fish as if he/she had a valid fishing license (except no bait fish may be taken). Patients and/or inmates must have on his/her person an authorization on a form of the Department of Environmental Conservation and signed by the superintendent or a designee of the facility. Forms are available from DEC (Sporting License Unit of the Division of Fish, Guidance Manual for Small Business/Local Gov’t Wildlife and Marine Resources) at 50 Wolf Road, Albany, NY 12233-4790. Division of Fish, Wildlife and Marine Resources contact: (518) 457-3400  Freshwater Wetlands Protection, covered under 6 NYCRR Parts 662-665 and 9 NYCRR Part 578 The Freshwater Wetland regulatory program is designed to prevent loss of wetlands acreage and the substantial benefits of wetlands that provide flood protection, fish and wildlife habitat, surface and groundwater quality protection, and open spaces. The Freshwater Wetlands Protection program is operated out of the regional offices. Contacts relative to jurisdictional determination should be made to the Regional Supervisor of the Division of Compliance Services. Wetland regulatory maps are located in each regional office and are available for review through the Regional Supervisor of Natural Resources or within the local county clerks office where the wetland is located. To be protected under the Freshwater Wetlands Act, an area must be at least 12.4 acres (1 acre in the Adirondack Park) in area. Wetlands with "unusual local importance," based on standards in Article 24, are also regulated without having to meet the 12.4 acre threshold. Activities in these wetlands and in an adjacent area within 100 feet of a wetland boundary are subject to regulation. The act authorizes DEC to transfer jurisdiction to local governments; however, local governments may maintain their own wetlands regulatory program, so long as it is at least as restrictive as DEC's. All persons proposing to conduct, on wetlands or adjacent areas, activities which have not been January 1998 43 specifically exempted, must obtain either a permit or a letter of permission. NOTE: State and local agencies are not exempt from permit requirements under ECL Article 24. EXEMPTIONS: Normal agricultural practices, except filling, clear-cutting of trees, or construction of nonagricultural structures; harvesting natural wetland products; recreational activities (fishing, hunting, hiking, swimming, or picnicking); continuation of lawful existing land uses; routine maintenance of existing structures; and selective cutting of trees and harvesting fuel wood (not clear-cutting). Division of Fish, Wildlife and Marine Resources contact: (518) 457-6179  Liberation of Fish and Wildlife, covered under ECL Section 11-0507 - This law prohibits the release of fish, fish eggs, or wildlife in New York State without a permit from the Department of Environmental Conservation. Division of Fish, Wildlife and Marine Resources contacts: Fisheries - (518) 457-5420, Wildlife (518) 457-4480  Endangered/Threatened Species License, covered under ECL 11-0535 - The taking, importation, transportation, possession or sale of any endangered or threatened species of fish, shellfish, crustacea or wildlife, or hides or other parts thereof, or sale, or possession with intent to sell, of any article made in whole or in part from the skin, hide or other parts of any endangered or threatened species of fish, shellfish, crustacea or wildlife is prohibited. A license is required. Applications for licenses are available from DEC's Special Licenses Unit of the Division of Fish, Wildlife and Marine Resources at 50 Wolf Road, Albany, NY 12233-4752. Refer to Tables 1 and 2 on pages 46 and 47 for a list of such Guidance Manual for Small Business/Local Gov’t species in New York and all species native to New York listed by the federal government. Division of Fish, Wildlife and Marine Resources contact: (518) 457-0689  Protection of Waters, covered under 6 NYCRR Part 608 - Protection of Waters regulates these categories of activities. Regional offices are responsible for jurisdictional determinations on permitting requirements. Maps showing jurisdictional streams are available for viewing at each regional office through the Regional Supervisor of Natural Resources. Questions relative to permit requirements can be directed to the Regional Supervisor of the Division of Environmental Permits.  Disturbances of the bed or banks of protected streams classified as AA, A, B, (including trout and trout spawning), C(T) or C(TS); Construction and maintenance of dams; and Excavation and/or filling in navigable waters (those on which a one-person vessel may operate).   All public authorities, with the exception of the Power Authority, must obtain a permit to conduct these activities. Local agencies are exempt from the requirement for a permit as long as there is a written agreement with DEC and the actions are in conformance with standards for conduct of the activities, contained in 6 NYCRR Part 608. Refer to Part 608 for activities covered by, or exempt from, the requirements of this law. Division of Fish, Wildlife and Marine Resources contact: (518) 457-6179  License to Collect or Possess, covered under ECL Section 11-0515 - An agency may collect, possess, or sell for propagation, scientific or exhibition purposes fish, wildlife, shellfish, crustacea, aquatic insects, birds nests or eggs. January 1998 44 A license is required for an employee of any agency (or consultant retained by the agency). An annual report of activities conducted under this license must be filed by February 1 of each year. Application should be made to DEC's Special License Unit of the Division of Fish, Wildlife and Marine Resources, 50 Wolf Road, Albany, NY 122334752. Division of Fish, Wildlife and Marine Resources contact: (518) 457-0689  Wild, Scenic and Recreational River Systems, covered under 6 NYCRR Part 666 Regulates the administration of the Wild, Scenic and Recreational River Systems (WSRRS) in New York State. After inclusion in the WSRRS, no structure or improvement may alter the existing natural flow of designated river segments unless expressly authorized. Where a proposed activity is not listed as allowed, or will exceed a relevant performance criteria, a variance is necessary. The county most affected by the WSRRS at the present time is Suffolk County on Long Island since there are four rivers with designated segments in the county and a large amount of development. The regulations list the Wild, Scenic, and Recreational Rivers that are subject to regulation and specify activities that may be undertaken within the boundaries of designated river corridors with or without a permit. The forms and fee schedule are available at the regional offices. Division of Fish, Wildlife and Marine Resources contact: (518) 457-6179 Guidance Manual for Small Business/Local Gov’t 45 January 1998 Table 1 - List of Endangered Species in New York State MOLLUSK Chittenango Ovate Amber Snail Dwarf Wedge Mussel INSECT Karner Blue Butterfly *American Buring Beetle FISH Shortnose Sturgeon Round Whitefish Pugnose Shiner Eastern Sand Darter Bluebreast Darter Gilt Darter Spoonhead Sculpin Deepwater Sculpin AMPHIBIAN Tiger Salamander REPTILES Bog Turtle Leatherback Sea Turtle Hawksbill Sea Turtle Kemp’s Ridley Sea Turtle Massasauga Rattlesnake BIRDS Golden Eagle Bald Eagle Peregrine Falcon Eskimo Curlew Least Tern Roseate Tern Loggerhead Shrike Piping Plover MAMMALS Indiana Bat Sperm Whale Sei Whale Blue Whale Finback Whale Humpback Whale Right Whale *Gray Wolf Guidance Manual for Small Business/Local Gov’t Succinea chittenangoensis Alasmidonta heterodon Lycaeides melissa samuelis Nicrophorus americanus Acipenser brevirostrum Prosopium cylindraceum Notropis anogenus Ammocrypta pellucida Etheostoma camurum Percina evides Cottus ricei Myoxocephalus thompsoni Ambystoma tigrinum Clemmys muhlenbergii Dermochelys coriacea Eretmochelys imbricata Lepidochelys kempii Sistrurus catenatus Aquila chrysaetos Haliaeetus leucocephalus Falco peregrinus Numenius borealis Sterna antillarum Sterna dougallii Lanius ludovicianus Charadrius melodus Myotis sodalis Physeter catodon Balaenoptera borealis Balaenoptrea musculus Balaenoptera physalus Megaptera novaeangliae Eubalaena glacialis Canis lupus 46 January 1998 *Cougar Allegheny Woodrat * Extirpated Felis concolor Neotoma magister Table 2 - List of Threatened Species in New York State INSECT *Northeaster Beach Tiger Beetle FISH Lake Sturgeon Mooneye Lake Chubsucker Mud Sunfish Longear Sunfish AMPHIBIAN Northern Cricket Frog REPTILES Eastern Mud Turtle Blanding's Turtle Loggerhead Sea Turtle Green Sea Turtle Timber Rattlesnake BIRDS Osprey Red-shouldered Hawk Northern Harrier Spruce Grouse Common Tern * Extirpated Cicinoela dorsalis dorsalis Acipenser fulvescens Hiodon tergisus Erimyzon sucetta Acantharchus pomotis Lepomis megalotis Acris crepitans Kinosternon subrubrum Emydoidea blandingi Caretta caretta Chelonia mydas Crotalus horridus Pandion haliaetus Buteo lineatus Circus cyaneus Dendragapus canadensis Sterna hirundo Guidance Manual for Small Business/Local Gov’t 47 January 1998 Summary of Marine Resources Regulations For more detailed information on any of the following Marine Resources regulations, please refer to the regulations or contact the Marine Resources numbers listed.  Marine Fishing Regulations, covered under 6NYCRR Parts 40 and 44-provides for the management of marine finfish and crustacean resources taken, possessed or landed in New York’s Marine and Coastal district. Regulations include size limits, catch and possession limits, open and closed seasons, restrictions on the manner of taking and landing, record keeping requirements, reporting requirements on the amount and type of fishing effort and gear and requirements relating to transportation, possession and sale. Marine fishing regulations apply to both recreational and commercial fishing activities. Licenses and permits are required for commercial harvest and sale, and permits are required for some recreational fishing activities. Provision is made for public input into the development of marine fishing regulations through the Marine Resources Advisory Council, comprised of recreational and commercial fishing interests, as well as through the public hearing process. Marine Resources contact: (516) 444-0435  Marine Aquaculture Permits, covered under ECL Section 13-0316 - Provides requirements for the operation of marine hatcheries and the undertaking of on-bottom and off-bottom culture on or above underwater lands of New York's Marine and Coastal District. The law allows the sale of legal and sublegal size products for human food purposes pursuant to law and, also provides the regulatory authority to DEC to allow, on a species specific basis, the sale of aquaculture products that are smaller than the size otherwise assigned by the Environmental Conservation Law. Marine Resources contact: (516) 444-0475 Guidance Manual for Small Business/Local Gov’t  Shellfish Management, covered under ECL Sections 13-0319 and 13-0321 - collectively provide a mechanism through which "shellfish may be taken from uncertified shellfish lands for transplanting or other purposes as the department may deem advisable..." Activities such as the importation of shellfish from another state for introduction into New York State waters, transplanting shellfish from polluted to clean water areas for cleansing and eventual marketing, the relaying of sexually mature spawning stocks to benefit resource recruitment and the harvesting of shellfish from polluted areas to be cleansed in upland tank systems are examples of activities that may be undertaken through this law and associated regulations. A permit must be obtained to undertake any of the above activities. Marine Resources contact: (516) 444-0475  Tidal Wetland Act, covered under 6 NYCRR Part 661 - provides for the protection of tidal wetlands including those both above and below mean high water as identified on the State Tidal Wetland Inventory. The affected area includes the Marine District, including the Hudson River northwest to the Tappan Zee Bridge. The law, and the land use regulations developed pursuant thereto, identify numerous values of wetlands whose functions need to be protected and are used as a basis for evaluating proposed uses. Provision is made for public hearings where DEC or the public voices opposition to the proposed activity. Any type of development activity is regulated through a permit process. Applicants have the burden of demonstrating that the proposed activity will be in complete accord with the policy and provision of the act. Marine Resources contact: (516) 444-0457  Shellfish Land Classification, covered under 6NYCRR Part 47, promulgated pursuant to ECL Sections 13-0307 and 13-0319 - requires January 1998 48 the Department to periodically "...examine all shellfish lands within the marine district to ascertain the sanitary condition thereof..." The shellfish sanitation program conducts sanitary surveys of shellfish lands by developing an inventory of actual and potential sources of contamination that affect marine waters. Based on the pollution source inventory, the program develops sampling stations and regularly collects water samples for bacteriological examinations to determine the sanitary condition of marine waters. Following the examinations, the DEC classifies shellfish lands as certified or uncertified for the harvest of shellfish. The ECL prohibits the harvest of shellfish from uncertified shellfish lands except for the purpose of transplanting or other purposes the department may deem advisable. A permit is required to harvest shellfish from certified lands for other than personal consumption. Marine Resources contact (516) 444-0475  Marine Commercial Permits - Permits to harvest marine resources for commercial purposes are addressed in several sections of the ECL. All marine commercial permits are issued through the Marine Resources Permit Office located at 205 North Belle Meade Road, East Setauket, NY 11733. Some permits require photographs. Some permits are not available to new permittees. All permits expire on December 31 of the year of issue. Marine commercial permits provided for by the ECL are as follows: §13-0311 Shellfish Digger; §13-0315 Shellfish Shipper; §13-0329 Lobster (resident and non-resident); §13-0331 Crab (resident and non-resident); §13-0331 Menhaden; §13-0335 Food Fish (resident and non-resident). Marine Resources contact: (516) 444-0470  Shellfish Inspection Unit Function - New York State’s Environmental Conservation Law and 6NYCRR Part 42 Sanitary Control over Shellfish, require that any person engaging in the wholes distribution of Guidance Manual for Small Business/Local Gov’t shellfish must first possess an appropriate permit issued by the department. A shellfish shipper applicant is required to have facilities that maintained in a sanitary manner before a shipper permit can be issued. Further, If a person plans to conduct business in interstate commerce, that shellfish shipper must be certified by the appropriate state shellfish agency (in New York it is the DEC) as meeting the minimum requirements of the National Shellfish Sanitation Program (NSSP) as outlined in the Shellfish Model Ordinance Code. In order to provide the public with an adequate measure of health protection, many of the NSSP principals have been incorporated into Part 42 and are applied to intrastate shippers as well as interstate shippers uniformly. The Shellfish program’s Shellfish Inspection Unit conducts inspections to determine the sanitary condition of shellfish facilities and that the required tagging and record keeping is adequate to trace shellfish back to the source. 49 January 1998 B. DIVISION OF LANDS AND FORESTS Summary of Regulations - For more detailed information on any of the following Lands and Forests regulations, please refer to the regulations or contact the Division of Lands and Forests numbers listed.  Protected Native Plants, covered under 6 NYCRR Part 193 - New York State has given official recognition to truly rare plants. Four lists of plants are included in the regulation. These lists identify endangered, threatened, exploitably vulnerable, and rare plants. The exploitably vulnerable list contains plants that are commercially exploited. Each list of plants has its own criteria for listing. American ginseng harvest and export from New York State are regulated. Violators are subject to civil and criminal penalties under ECL Sections 71-4001 and 71-4003. Permit modifications, suspensions or revocations are governed by 6 NYCRR Part 621.13. Landowner authorization is required to collect or destroy listed plants. Violators of the regulation are subject to a maximum fine of $25.00 per violation. (Each protected plant picked, plucked, severed, removed, damaged or carried away shall constitute a separate violation). Division of Lands and Forests contact: (518) 4577370  Off Premises Signs, covered under 6 NYCRR Part 195 - regulates the erection of any advertising sign, advertising structure or device of any kind within the Adirondack and Catskill Parks. This requirement does not apply to the parcel of real property where the principal business is being conducted or to signs erected within the limits of an incorporated village. Within the Adirondack Park this law applies to all of Essex and Hamilton Counties and parts of Clinton, Franklin, Fulton, Herkimer, Lewis, Oneida, Saratoga, St. Lawrence, Warren and Washington Counties. Guidance Manual for Small Business/Local Gov’t Within the Catskill Park the law is applicable to parts of Delaware, Greene, Sullivan, and Ulster Counties. There is no fee charged for this permit and application for the permit must be made at the DEC office responsible for the county where the desired sign is to be erected if the location is along a secondary highway. If the business is located along a primary highway, application can be made either at the appropriate DEC office or at the Regional Office of the Department of Transportation. Division of Lands and Forests contact: (518) 4577433  Use of State Lands, covered under ECL Section 9-0105 - Title 8400 of the Policies and Procedures of DEC allow use of state lands under the jurisdiction of DEC for purposes such as:             transportation of materials across state lands; short-term ingress and egress to private property; volunteer or student projects; maintenance of existing utility lines; training by and for military units; removal of dead or hazardous trees; research projects; organized group recreational and/or sports activities; survey projects; public road maintenance; installation and maintenance of recreational trails and facilities; and other appropriate uses that are within applicable legal parameters, are compatible with the resource, are compatible with management objectives, and are in accordance with stated guidelines and policy. A permit is required for use of state lands. A $25.00 nonrefundable inspection fee made January 1998 50 payable to the State of New York must accompany all applications for temporary revocable permits. Educational institutions and State, County, and local governments and their political subdivisions are exempt from this fee. Not-for-profit and other organizations as approved by the Regional Land Manager are exempt from this fee, if it is deemed that the project to be done by the organization is one that the state would normally otherwise undertake. Division of Lands and Forests contacts: (518) 457-7433  Prescribed Fire/Prescribed Burn, covered under 6 NYCRR Parts 194.1 thru 194.11 Allows the application of "prescribed fire" on DEC lands and/or a "prescribed burn" on nonDEC lands as a vegetative management tool, under authorization. A "prescribed burn” may be used to accomplish goals and objectives relating to silviculture, wildlife management, habitat management, insect and/or disease control, forest fuel reduction, wildlife suppression, or as an alternative use to mechanical or chemical control. A management plan is required to be submitted with the application for authorization to perform a prescribed fire or prescribed burn and a report is required to be submitted to DEC after the prescribed fire or prescribed burn has been completed describing the results. Division of Lands and Forests contact: (518) 4577433 Guidance Manual for Small Business/Local Gov’t 51 January 1998 C. DIVISION OF MINERAL RESOURCES Summary of Regulations - For more detailed information on any of the following mineral resources regulations, please refer to the regulations or contact the regional office (refer to list on page 53) or the Division of Mineral Resources numbers listed.  Mined Land Reclamation Program, covered under 6 NYCRR Parts 420 thru 425 - Governs any person who mines or proposes to mine more than one thousand (1,000) tons or seven hundred fifty (750) cubic yards, whichever is less, of minerals from the earth, within twelve (12) successive months, or who mines or proposes to mine over one hundred (100) cubic yards of minerals from or adjacent to any body of water not subject to the jurisdiction of ECL Article 15 or to the public lands law.  A mining plan must be submitted to DEC that provides both a graphic and a written description of the affected lands, a description of the mine and the method of mining. A reclamation plan must be submitted to DEC that provides both a graphic and a written description of the land-use objective after the mine has been closed, a description of the proposed method of reclaiming the affected land and a description of the treatment of h a u l a ge w a ys , drai nage, w a t e r impoundments, and revegetation. required for mining less than 1,000 tons or 750 cubic yards of minerals within 12 successive calendar months. Additionally, excavation of a residential pond, provided the excavated material remains on site, is not sold or exchanged, and is not used for commercial, industrial or municipal use, does not require a permit. Division of Mineral Resources contact: (518) 457-9341  Mined Land Reclamation Program Fees, covered under ECL Section 72-1003 - All persons required to obtain a permit or approval are subject to this law and/or regulation to mine and must submit to DEC a fee for affected lands as indicated in Table 3 on page 53. EXEMPTIONS: County and local governments are not subject to the mined land reclamation program fees. However, all state agencies, public authorities and public benefit corporations are not exempt from paying the fees.  A permit is required for any mining operation. A separate permit is to be obtained for each separate mine site. EXEMPTIONS: The only activities exempt from requiring a permit are the excavation, removal and disposition of mineral's from construction projects, exclusive of the creation of water bodies, or excavation in aid of agricultural activities. Also, a permit is not Guidance Manual for Small Business/Local Gov’t 52 January 1998 Table 3 AFFECTED LAND "Minor" Project Mines greater than 0 acres and up to 5 acres Mines greater than 5 acres and up to 10 acres Mines greater than 10 acres and up to 20 acres Mines greater than 20 acres and up to 30 acres Mines greater than 30 acres Division of Mineral Resources contact: (518) 457-9341 Division of Fiscal Management contact: (518) 457-5810  Oil and Gas Leases on New York State Lands: Under ECL Article 23, Title 11, authority is vested with the DEC to negotiate and enter into leases on eligible state lands for the purpose of oil and gas exploration and production. Authority to develop and award gas storage leases for state owned lands is also granted under this title. Oil and gas production leases are specifically prohibited for state park lands and the lands under Lake Ontario or along its shoreline; oil production leases are also prohibited for lands under Lake Erie and along its shoreline. DEC may not initiate the leasing process for any state lands without the prior approval of the surface managing agency (e.g., approval must be obtained from the state agency that owns or manages the land above the proposed lease area before DEC can issue approval and/or a lease for the underground storage). ANNUAL FEE $400.00 700.00 900.00 1,200.00 1,500.00 2,000.00 Division of Mineral Resources contact: (518) 457-0100  Oil, Gas and Solution Mining Well Drilling, covered under 6 NYCRR Parts 550 thru 559 - DEC regulates the drilling, production, operation and plugging of oil, gas and solution mining wells and geothermal, brine disposal and stratigraphic test wells greater than 500 feet in depth. Wells must be permitted by DEC prior to drilling and prior to plugging. Underground Gas Storage: Under ECL Article 23, Title 13, DEC regulates the construction, operation, modification, and abandonment of underground natural gas and LPG storage facilities.  Division of Mineral Resources contact: (518) 457-3682 Natural Resources Programs Regional Office Contacts (See page 75 for regional office locations) Region 1....................(516) 444-0270 Region 2................... (718) 482-4949 Region 3................... (914) 256-3000 Region 4................... (518) 357-2068 Region 5................... (518) 897-1276 Region 6................... (315) 785-2239 Region 7................... (607) 753-3095 Region 8................... (716) 226-2466 Region 9................... (716) 372-0645 53 Guidance Manual for Small Business/Local Gov’t January 1998           Summary of Regulations - For more detailed information on any of the following regulations administered by the Division of Environmental Permits, call the numbers listed for that specific program, or contact the regional office (page 56).  Uniform Procedures, 6 NYCRR Part 621 This part describes the procedures for processing applications for permits required by certain sections of the Environmental Conservation Law. It governs applications for the permits listed below. Submit completed applications to DEC or to one of its delegated agents. Related public hearing procedures are contained in 6 NYCRR Part 624.  Protection of Water - implemented by 6 NYCRR Part 608: including disturbance to the bed or banks of protected streams, construction or repair of certain dams, and dredging or placing fill in navigable waters;  Water Supply - implemented by 6 NYCRR Parts 601 and 602: including certain Long Island water wells;  Transportation of Water by Vessel;  Wild, Scenic and Recreational Rivers System - implemented by 6 NYCRR Part 666;  Water Quality Certifications (401 Certifications) - implemented by 6 NYCRR Part 608;  State Pollutant Discharge Elimination System (SPDES) - implemented by 6 NYCRR Parts 750-758;  Air Pollution Control - implemented by 6 NYCRR Parts 201, 203 and 215: including construction and operation of sources of air contamination, construction of indirect sources of air contamination and restricted open burning for air pollution control programs. ( Note: permits for restricted open burning for the purpose of forest fire control are not subject to this part); 54  Liquified Natural Gas and Petroleum Gas (LNG/LPG);  Mined Land Reclamation Law implemented by 6 NYCRR Parts 420426;  Freshwater Wetlands - implemented by 6 NYCRR Parts 662-663;  Tidal Wetlands - implemented by 6 NYCRR Part 661;  Waste Transporter - implemented by 6 NYCRR Part 364 and Part 381;  Solid Waste Management - implemented by 6 NYCRR Part 360;  Industrial Hazardous Waste Management - implemented by 6 NYCRR Part 373;  Siting of Industrial Hazardous Waste Facilities - implemented by 6 NYCRR Part 361; and  Coastal Erosion Hazard Areas implemented by 6 NYCRR Part 505;  State Environmental Quality Review Act (SEQR), 6 NYCRR Part 617 - SEQR is the process by which environmental factors are considered along with social and economic factors in decision making. The law requires performing an assessment to identify any potential environmental impacts that may result from a proposed action. If the impacts will not be significant, a determination of nonsignificance is prepared. If the impacts may be significant, an environmental impact statement (EIS) is required. The SEQR process uses the EIS to examine ways to reduce or avoid adverse environmental impacts. This includes an analysis of the reasonable alternatives to the action. SEQR Actions include projects or physical activities changing the use, appearance, or condition of the environment.  Waste Transporter Permit: Transporting Regulated Wastes, 6 NYCRR Part 364 - This part governs the collection, transport and January 1998 Guidance Manual for Small Business/Local Gov’t delivery of regulated waste, originating or terminating at a location within New York State. No person may:  collect or remove any regulated waste from its point of origin, generation or occurrence without a permit.  transport any regulated waste without a permit.  deliver any regulated waste to a treatment, storage or disposal facility, or otherwise dispose of or relinquish possession of any regulated waste without a permit.  landspread or impound any septage or sewage sludge without a permit.  deliver or otherwise relinquish possession of any regulated waste except to a person who has a valid permit. A permit is required that identifies the vehicles, types of waste transported and the disposal sites that are approved for use. EXEMPTIONS: Refer to the regulations for listed exemptions. Annual  Waste Transporter Permit: Report, covered under 6 NYCRR Part 364 This part requires all permittees to submit reports to DEC annually on forms prescribed by the department. These reports specify the type of waste, quantities and disposal sites of all wastes transported during the year. Division of Environmental Permits contact: (518) 457-2224  401 Certification of Water Quality, 6 NYCRR Part 608.7 - The Federal Water Pollution Control Act authorized states to regulate water quality within their borders. Section 401 requires applicants for federal permits that may result in a discharge to waters of the United States to first obtain a Water Quality Certification from the state. This ensures that actions by federal agencies, including the issuance of permits will not compromise the water quality standards adopted by each state. In New York State, Water Quality Certification is often issued in Guidance Manual for Small Business/Local Gov’t conjunction with protection of waters permits and both tidal and freshwater wetlands permits. Any applicant for a federal license or permit shall provide the federal licensing or permitting agency a certification from DEC that any discharge resulting from the licensed or permitted activity will meet state water quality standards. This provision applies to discharges originating in the waters of the State of New York. An applicant for Water Quality Certification must demonstrate compliance with Sections 301- 303, 306 and 307 of the Federal Water Pollution Control Act and Parts 701, 702 and 704 of 6 NYCRR. Areas of federal jurisdiction that most frequently involve a Water Quality Certification are:  dredging, filling or constructing structures in navigable waters;  filling and construction activities in any waterway or wetland;  construction and repair of bridges and causeways crossing navigable water;  construction of interstate pipelines; or  construction and operation of hydroelectric facilities. Division of Environmental Permits contact: (518) 457-2241 55 January 1998 Environmental Permits Publications For copies of the following publications and forms including permit application packages, regulations and other publications relating to DEC permit programs administered through Uniform Procedures Act (UPA) and the State Environmental Quality Review Act (SEQR), call toll-free, Monday thru Friday, 9:00 am to 4:00 pm, 1-800 DEC-2922 (1-800 332-2922).  Several fliers regarding SEQR and UPA:  "What Is SEQR?" an introduction to the State Environmental Quality Review Act;  "Applicant's Guide to SEQR";  "Local Official's Guide to SEQR";  "Citizen's Guide to SEQR";  "How to Apply for a DEC Permit," an applicant's guide to the Uniform Procedures Act.  Booklet "The SEQR Cookbook," a step-by-step discussion of the SEQR process.  Booklet "The SEQR Handbook," the fundamental reference guide to the SEQR process. Questions relating to permit application status or other DEC programs (such as camping, fishing or hunting) should be directed to the appropriate DEC regional office. Refer to following pages for additional publications available from the Division of Regulatory Affairs. Division of Environmental Permits Regional Office Contacts (See page 75 for regional office locations) Region 1....................(516) 444-0355 Region 2....................(718) 482-4997 Region 3....................(914) 256-3000 Region 4....................(518) 357-2069 Region 5....................(518) 897-1234 Region 6....................(315) 785-2245 Region 7....................(315) 426-7439 Region 8....................(716) 226-2466 Region 9....................(716) 851-7165 Guidance Manual for Small Business/Local Gov’t 56 January 1998       Summary of Regulations - For more detailed information on any of the following Regulatory Fees regulations, please refer to the regulations or contact the DEC central office numbers listed.  Operating Permit Program Fee, covered under 6 NYCRR Part 482-2 - All identified air contamination sources must submit to the department an operating permit program fee for each ton of regulated air contaminant emitted, up to six thousand tons each, except as otherwise exempted. EXEMPTIONS: (1) The fees established will not be assessed on emissions of carbon monoxide or any Class I and II substance. (2) Any regulated air contaminant, subject to the fees imposed, that qualifies as both a volatile organic compound and a hazardous air pollutant will not be counted under both categories for the purpose of assessing fees. Bills issued for the operating permit program fee will be based on actual emissions in the preceding calendar year, as demonstrated to the department's satisfaction, or in the absence of such demonstration, on permitted emissions, or, where there is no permit, on potential to emit. April 15 of each year is the final data for submission of completed emission statements to the department. Emission statements that are submitted in a timely manner will be utilized to determine whether actual emissions for the preceding year have been demonstrated to the department's satisfaction. Sources, for which emission statements are not submitted in a timely manner or which do not demonstrate actual emissions for the previous year to the department's satisfaction, must be billed based upon permitted emissions or, where there is no permit, on potential to emit. Any person required to pay fees who submitted an emission statement in a timely Guidance Manual for Small Business/Local Gov’t manner may elect to base such fees on the level of permitted emissions set forth in a permit, certificate or approval issued. Annual fee. Each person subject to fees under this subpart must submit a fee to the department. Effective January 1, 1997, the fee per ton, up to six thousand tons annually of each regulated air contaminant, is $27.94. Regulatory & Oil Spill Revenue Bureau contact: (518) 457-5810 Division of Air Resources contact: (518) 4572823  Air Quality Control: Regulatory Fee, covered under 6 NYCRR Parts 480, 481 & 482 - Each person required to obtain a Permit to Construct, a Certificate to Operate, or approval pursuant to the state air quality control program must annually submit to DEC a program fee for each air quality control permit, certificate or approval obtained, in amounts indicated in Table 1, on page 58. 57 January 1998 Table 1 AIR CONTAMINATION SOURCES Stationary Combustion Installations (Includes permits, certificates or approval obtained) Statewide: Statewide: Process Sources: Emissions of specific contaminant (Includes permits, certificates or approval obtained) Statewide: Statewide: Less than 25 tons per year of SO2, NOX, PM, CO, VOC, other Equal to or greater than 25 tons per year of SO2, NOX, PM, CO, VOC, other $160.00 Heat input less than 50 million Btu's per hour Heat input equal to or greater than 50 million Btu's per hour $100.00 $2,000.00 ANNUAL FEE $2,000.00 Incinerators (Includes permits, certificates or approval obtained) Statewide: Statewide: Less than 2,000 lbs. of refuse per hour Equal to or greater than 2,000 lbs. of refuse per hour $160.00 $2,000.00 Regulatory and Oil Spill Revenue Bureau contact: (518) 457-5810  Waste Transporter Permit: Regulatory Fees, covered under 6 NYCRR Parts 480, 481 and 484 - The Environmental Regulatory Program requires that annual fees be paid, by all transporters required to have a waste transporter permit, in the amount as indicated in Table 2 below. Table 2 - Waste Transporter Fees Type Transporter Industrial/Commercial or Low Level Radioactive Waste First Vehicle Each Additional Vehicle Any Other Transporter First Vehicle Each Additional Vehicle Annual Fee $ 500.00 $ 200.00 $ 250.00 $ 100.00 Fee Calculation - The permit year is used to calculate the waste transporter fee. Fees are calculated by multiplying the annual fee by the number of days remaining in the permit year from the date of issuance, divided by 365. Regulatory and Oil Spill Revenue Bureau contact: (518) 457-5810 Guidance Manual for Small Business/Local Gov’t 58 January 1998  Hazardous Waste Special Assessment Fees, covered under ECL Section 27-0923 - This regulation requires that the special assessments imposed be reported and paid to the New York State Department of Taxation and Finance on a quarterly basis on or before the 20th day of the month following the end of the tax quarter. Special fees are imposed on New York State generators of hazardous waste based on the method of disposal as follows:     $27.00 per ton of hazardous waste disposed of in a landfill; $9.00 per ton of hazardous waste incinerated away from the generator site; $2.00 per ton of hazardous waste incinerated on the site of generation; and $16.00 per ton of hazardous waste treated or disposed of (including wastewater treatment and/or disposal), other than by incineration or in a landfill away from the site of generation. Special fees are imposed similar to those above on any New York State treatment, storage or disposal facility that accepts waste for disposal from an out-of-state generator. EXEMPTIONS: No assessment is required to be reported or paid if the total for that quarter is $27 or less. Division of Solid and Hazardous Materials contact: (518) 457-0542  Hazardous Waste Generator: Regulatory Fees, covered under 6 NYCRR Parts 480 and 481 - These regulations identify liability for hazardous waste generator program fees, including who must pay and how much, what date is used to determine the fees, how the generator can request a redetermination of the fees, fees related to cleanup, remediation, or corrective action, and fee liability for desired waste. Fees are assessed at the point of generation of the hazardous wastes, and include those hazardous wastes that are to be recycled or treated. These fees are listed below in Table 3. Table 3 - Hazardous Waste Generator Fee Activity Type 1. For all generators of hazardous waste, per year: (Total quantity of hazardous waste generated) From 15 tons to 100 tons From greater than 100 tons to 500 tons From greater than 500 tons to 1,000 tons From greater than 1,000 tons 2. For all generators of hazardous wastewater, per year: (In addition to the hazardous waste fee required in item 1) Equal to or greater than 15 tons $1,000.00 6,000.00 20,000.00 40,000.00 Annual Fee $3,000.00 Guidance Manual for Small Business/Local Gov’t 59 January 1998 EXEMPTIONS:  With certain limitations, no fees are owed for generation of waste during remediation.  Hazardous wastes used in closed loop recovery systems are exempted towards calculating these hazardous waste fees, however, the hazardous waste special assessment fee may apply. Regulatory and Oil Spill Revenue Bureau contact: (518) 457-5810  Mined Land Reclamation: Program Fees, covered under ECL Section 72-1003 - All persons required to obtain a permit or approval are subject to this law and/or regulation to mine and must submit to NYSDEC a fee for affected lands as indicated in Table 4 below. EXEMPTIONS: County and local governments are not subject to the mined land reclamation program fees. Table 4 Affected Land "Minor" Project Mines greater than 0 acres and up to 5 acres Mines greater than 5 acres and up to 10 acres Mines greater than 10 acres and up to 20 acres Mines greater than 20 acres and up to 30 acres Mines greater than 30 acres Regulatory and Oil Spill Revenue Bureau contact: (518) 457-5810  Wastewater Discharge (SPDES) Regulatory Fees, covered under 6 NYCRR Parts 480, 481 and 485 Each person required to obtain a permit or certificate pursuant to the SPDES program will be annually billed and must submit to DEC a SPDES permit fee as indicated in Table 6. Anyone possessing a SPDES permit to discharge is subject to the fee regardless of whether or not they are discharging. By finding the Discharge Class Code on the upper left corner of the first page of the SPDES permit and referencing that code in Table 5 below, you will be able to determine your Discharge Type. Annual Fee $400.00 700.00 900.00 1,200.00 1,500.00 2,000.00 Table 5 Discharge Class Code 01 02 03 04 05 06 07 09 10 Guidance Manual for Small Business/Local Gov’t Discharge Type Industrial P/C/I Industrial Industrial Municipal P/C/I Municipal P/C/I Remedial 60 January 1998 Table 6 Discharge Type Private/Commercial/Institutional (P/C/I) Less than 100,000 gallons per day Equal to or greater than 100,000 gallons per day Industrial Less than 10,000 gallons per day From 10,000 to 99,999 gallons per day From 100,000 to 499,999 gallons per day From 500,000 to 999,999 gallons per day From 1,000,000 to 9,999,999 gallons per day Equal to or greater than 10,000,000 gallons per day Power plant Municipal Less than 200,000 gallons per day From 200,000 to 999,999 gallons per day From 1,000,000 to 4,999,999 gallons per day From 5,000,000 to 39,999,999 gallons per day Equal to or greater than 40,000,000 gallons per day Ballast No more than 1,000,000 gallons in a 24-hour period Excess of 1,000,000 gallons in a 24 hour period Stormwater General Permit Any discharge volume Remedial Fee not required Regulatory and Oil Spill Revenue Bureau contact: (518) 457-5810 Annual Fee $100.00 200.00 $375.00 1,250.00 3,750.00 12,500.00 18,750.00 37,500.00 40,000.00 $375.00 1,875.00 7,500.00 15,000.00 37,500.00 $100.00 500.00 $50.00 $0.00 Guidance Manual for Small Business/Local Gov’t 61 January 1998               Summary of Regulations - For more detailed information on any of the following Spill Prevention and Response regulations, please refer to the regulations or contact the regional office (refer to list on page 65) or the Division of Spill Prevention and Response numbers listed. Chemical Bulk Storage and Spills Laboratories that store petroleum products or large inventories of chemicals (185 gallons or more) in aboveground tanks or (250 gallons or more) in containers or any amount in underground storage tanks may be subject to the registration and storage requirements of 6 NYCRR Part 596. They may be directed to the Bulk Storage Helpline at 1 (888) 457-4351 or (518) 457-4351 or their DEC regional office (refer to list on page 67) for further information. The Spill Hotline number is 1 (800) 457-7362 or (518) 457-7362.  Chemical Bulk Storage, covered under 6 NYCRR Parts 595-597 - Part 595 regulates releases of hazardous substances; Part 596 regulates registration of hazardous substance bulk storage tanks; and Part 597 is the list of hazardous substances. These regulations cover over 1,000 hazardous and acutely hazardous substances stored in aboveground and underground tanks or containers. Tanks used to store such chemicals as cleaning solvents, pesticides, and hazardous industrial chemicals are regulated under this program. Releases of hazardous substances in an amount at or greater than established reportable quantities must be reported to DEC. Suspected releases must be investigated and reported. Corrective action (cleanup and removal) in response to a release is also required. Registration of existing storage facilities is required and is for a period of two years. Registration is accomplished by completing the application form, paying a fee based on tank sizes and storage capacity (see Table 1 on page 63) and sending both to DEC's central office in Albany. Registration is required for Guidance Manual for Small Business/Local Gov’t any aboveground stationary tank storing 185 gallons or more of a regulated substance, and any size underground storage tank storing such substances. Regulations which set standards for storing and handling hazardous substances are found in Parts 598 and 599. These regulations require tank owners to prepare spill prevention reports by August 11, 1996 and to upgrade storage facilities with secondary containment by December 22, 1999. Bureau of Spill Prevention and Response contact: (518) 457-7363 Chemical and Petroleum Bulk Storage HELP LINE: 1 (888) 457-4351  Chemical and Hazardous Substance Spills, covered under 6 NYCRR Part 595 - This part contains requirements that govern any release of a hazardous substance into the environment. DEC must be notified within two hours after a reportable quantity of a hazardous substance has been released into the environment. It is unlawful to continue a release to the environment. For a release of a listed hazardous substance from a regulated storage tank, DEC may order the owner to inspect the tank, location and/or associated equipment suspected to be the source of the release and to test for tightness and structure soundness. If the owner does not conduct these tests within 10 days of being ordered to do so by the DEC, then DEC may conduct such tests with expenses paid by the owner. Bureau of Spill Prevention and Response contact: (518) 457-7363 Spill Hotline: 1 (800) 457-7362 62 January 1998  Chemical Bulk Storage Fee, covered under 6 NYCRR Parts 595 - 597 - A fee must be paid in accordance with Table 1 below for all chemical bulk storage tanks that are registered. Registration fees are paid when a tank is registered, reregistered upon transfer of ownership, or when registration is renewed. There is no fee for substantial modification of a facility. The fees are based on the number of tanks at a site and the size of the tanks. In no case shall the registration fee for all the tanks at one site exceed fifty thousand dollars ($50,000.00). The fee schedules are as follows: Table 1: Chemical Bulk Storage Registration Fees FIRST 250 TANKS TOTAL CAPACITY PER TANK Less than or equal to 550 gallons 551 - 1,100 gallons Greater than 1,100 gallons 2 YEAR FEE $50.00 per storage tank $100.00 per storage tank $125.00 per storage tank The above fees apply to the largest 250 tanks at the site. For each additional tank at the site, the fee is as follows: OVER 250 TANKS TOTAL CAPACITY PER TANK Less than or equal to 550 gallons 551 - 1,100 gallons Greater than 1,100 gallons Division of Fiscal Management contact: (518) 457-5810 Bureau of Spill Prevention and Response contact: (518) 457-4351 HELPLINE: 1 (800) 242-4351  Petroleum Bulk Storage, covered under 6 NYCRR Parts 610, and 612 - 614: Part 612 regulates the registration of facilities and requires that petroleum storage sites having a combined storage capacity (aboveground and underground) of over 1,100 gallons in stationary tanks be registered with DEC. Facilities must be registered before being placed into service and reregistered if the ownership changes. The five-year registration fee is dependent on the size of the facility. Part 613 regulates the handling and storage of petroleum and contains standards for retrofitting, operation and closure of facilities. Retrofitting requirements include the color coding of fill ports, and installing tank gauges or overfill prevention devices on aboveground tanks. Secondary containment systems (diking) may be required around aboveground tanks. Tanks can no longer be abandoned, but must be properly closed. 2 YEAR FEE $50.00 per storage tank $75.00 per storage tank $75.00 per storage tank Guidance Manual for Small Business/Local Gov’t 63 January 1998 Part 614 regulates the standards for new and substantially modified facilities and prescribes the standards for new aboveground and underground petroleum facilities, and for those that are substantially modified. Examples of substantial modification are: when a tank is added to a facility, when a tank is replaced, or when a leaking tank is repaired or permanently closed. This part includes sections on reconditioning underground and aboveground tanks. Bureau of Spill Prevention and Response contact: (518) 457-4351 Chemical and Petroleum Bulk Storage HELPLINE: 1 (888) 457-4351  Oil and Petroleum Spills, are discussed in the Navigation Law, Article 12, 6 NYCRR Part 611, and DOT regulation, 17 NYCRR Part 32. The discharge of petroleum into the environment is prohibited. Any person responsible for causing a discharge shall immediately notify DEC no later than two hours after the discharge. Any person discharging petroleum into the environment shall immediately undertake to contain and clean-up such discharge according to the priorities and procedures established by DEC. If containment and/or cleanup are not undertaken in a timely and appropriate manner, DEC may undertake the removal of such discharge and may retain agents and contractors who shall operate under the direction of DEC. Any person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained. In the course of cleanup and removal, no person shall discharge any detergent into the waters of the state without prior authorization from DEC. In addition, no person shall supervise, aid or participate in any use of dispersants, burning agents, sinking agents, biological additives, surface collecting agents or other chemical additives without prior authorization from DEC. Bureau of Spill Prevention and Response contact: (518) 457-2462 Spill Hotline: 1 (800) 457-7362  Petroleum Bulk Storage Fee, covered under 6 NYCRR Part 612- A registration fee is required to be paid by each petroleum bulk storage facility registered as indicated in Table 2 below. This fee schedule does not apply to major onshore petroleum facilities. Table 2: Petroleum Bulk Storage Registration Fees Combined Storage Capacity at Facility Greater than 1,100 gallons to equal to 2,000 gallons Greater than 2,000 gallons to less than 5,000 gallons Equal to or greater than 5,000 gallons [DEC and the LIRR facilities are exempt from paying this fee] Division of Fiscal Management contact: (518) 457-5810 Bureau of Spill Prevention and Response contact: (518) 457-4351 HELPLINE: 1 (888) 457-4351 Five Year Fee $50.00 per facility 150.00 per facility 250.00 per facility Guidance Manual for Small Business/Local Gov’t 64 January 1998 Spill Prevention and Response Publications Contact the BSPR Central Office at (518) 457-7363 or Regional Office (refer to list on page 67) for copies of this and other BSPR publications and forms. 1. Fliers  "Bulk Storage of Chemicals, Storage Tank Registration," provides regulatory and other important information to owners and operators of chemical bulk storage tanks.  "Petroleum Bulk Storage, Registration - Underground and Aboveground Tanks," provides regulatory and other important information to owners and operators of petroleum bulk storage tanks.  "DEC's Emergency Spill Response Program," provides important information about the Emergency Spill Response program. 2. Manual - Storing and Handling Hazardous Substances has received the Award of Achievement by the Rochester Chapter of the Society for Technical Publications. The judges described it as "gripping and readable" with clear purpose and excellent content. The manual offers guidance on acceptable management practices for storing and handling hazardous substances. It also references standards offered by technical and professional societies. Copies may be obtained at a cost of $15 each from: The Health Education Services, P.O. Box 7126, Albany, NY 12224, or by calling (518) 439-7286. The manual was prepared by the technical staff of O'Brien and Gere Company and the DEC Bureau of Spill Prevention and Response. Bureau of Spill Prevention and Response Regional Office contacts: (See page 75 for regional office locations) Region 1....................(516) 444-0320 Region 2....................(718) 482-4933 Region 3....................(914) 256-3000 Region 4....................(518) 357-2045 Region 5....................(518) 897-1245 Region 6....................(315) 785-2613 Region 7....................(315) 426-7400 Region 8....................(716) 226-2466 Region 9....................(716) 851-7220 Guidance Manual for Small Business/Local Gov’t 65 January 1998       Summary of Regulations - For more detailed information on any of the following water program regulations, please refer to the regulations or contact the regional office (refer to list on page 75) or the Division of Water numbers listed.  Coastal Erosion Management, covered under 6 NYCRR Part 505 - Land use, development and other activities are regulated in coastal areas subject to coastal flooding and erosion to minimize or prevent damage or destruction to manmade property, natural protective features, other natural resources, and to protect human life. New construction or placement of structures is regulated to place them a safe distance from areas of active erosion and the impacts of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources. Public investment in services, facilities, or activities that are likely to encourage new permanent development in erosion hazard areas is restricted. Publicly financed erosion protection structures to minimize erosion damage are to be used only where necessary to protect human life or where the public benefits of such structures clearly outweigh the public expenditures. The construction of erosion protection structures is regulated in coastal areas subject to serious erosion to assure that, when the construction of erosion protection structures is justified, their construction and operation will minimize or prevent damage or destruction to man-made property, private and public property, natural protective features, and other natural resources. The statutory framework for administration of the program calls for local governments to have the initial opportunity to regulate. DEC has regulatory authority only Guidance Manual for Small Business/Local Gov’t where municipalities and counties have failed to enact a local program consistent with ECL Article 34, within statutorily imposed time frames. All Coastal Erosion Hazard Areas are delineated on DEC maps. Part 505 requires any person proposing to undertake a regulated activity within an identified coastal erosion hazard area to obtain a coastal erosion management permit. Coastal erosion management permits are conditioned to implement the purposes of Article 34, which are to prevent or minimize damage to manmade property, natural protective landforms, and other natural resources, and to protect human life. Division of Water contact: (518) 457-5620 or 3157  Construction and Repair of Dams and Impoundment Structures, covered under 6 NYCRR Part 608 - This part applies to any dam or impoundment structure with a height greater than ten feet, or with a storage capacity greater than one million gallons, or with a drainage area greater than one square mile. This regulation prohibits any person or local public corporation from erecting, constructing, reconstructing, or repairing a dam or impoundment structure without a permit issued by DEC. Division of Water contact: (518) 457-3157  Public Safety Inspections of Dams and Impoundment Structures, covered under 6 NYCRR Part 673 - This part give DEC the authority to inspect any and all dams and impoundment structures in the interest of public safety. Following a hearing, DEC may issue an order directing the dam owner to reconstruct, repair, or remove a dam. If an owner fails or refuses to comply with such an January 1998 66 order, DEC is authorized to undertake the remedial work and recover costs from the owner. Division of Water contact: (518) 457-3157  Use of Flood Control Lands, covered under 6 NYCRR Part 501 - This part applies to any flood control lands under the jurisdiction of DEC for activities such as: any activity which results in destruction of trees, shrubs and other vegetation; changing any feature of the existing landscape; addition of gutters, sidewalks, driveways, parking lots or spaces; outdoor lighting; or installation of utilities. A permit is required for use of flood control lands. EXCEPTIONS: Operation of lawn maintenance equipment; entry of an owner or lessee on flood control lands where no reasonable alternate means of access exists to adjacent agricultural lands and when such use does not impair the integrity of flood control facilities or impede their maintenance and operation. Division of Water contact: (518) 457-3157  Operation of a Snowmobile or Motor Vehicle on Flood Control Lands, covered under 6 NYCRR Part 501.9 - Operation of a snowmobile or motor vehicle on flood control lands must be in a manner that does not interfere with the operation or maintenance of any flood control works or disrupt, disturb or damage any flood control works or operations. A permit is required to operate a snowmobile or motor vehicle on flood control lands. A group permit may be obtained by the sponsor of an organized activity. Division of Water contact: (518) 457-3157  Flood Control Lands: Usage Fees, covered under 6 NYCRR Part 501.4 and 501.9 - Each person required to obtain a permit for use of flood control lands or operation of a 67 snowmobile or motor vehicle on flood control lands must pay a fee to DEC. Use of Flood Control Lands  Applications for permits for residential property when the applicant is the owner or tenant - $25.00  All other applications - $75.00 Operation of a Snowmobile or Motor Vehicle  Permit (valid for not more than one year) to operate a snowmobile or motor vehicle on flood control lands - $25.00 EXEMPTION: No fee shall be charged for a permit which authorizes operation of a snowmobile or motor vehicle solely on lands owned or leased by the permittee or members of their immediate family if the vehicle is owned or leased by the permittee or members of their immediate family. Division of Water contact: (518) 457-3157  Long Island Wells, covered under 6 NYCRR Part 602 - This part applies only within the four Long Island counties of Kings, Queens, Nassau and Suffolk. It applies to persons and public corporations including all public authorities (except the Power Authority of the State of New York). It does not apply to state agencies. Any person or public corporation or authority that intends to withdraw water from underground sources within the Long Island counties must have a Long Island well permit if the installed pumping capacity of the well or combination of wells exceeds 45 gallons per minute. EXEMPTIONS: Fire wells with no permanently attached pumping equipment that are installed by a municipality, or by a fire district, company or department do not require a permit nor do waters used for agricultural purposes. Division of Water contact: (516) 444-0418 Guidance Manual for Small Business/Local Gov’t January 1998  Public Water Supply, covered under 6 NYCRR Part 601 - This part applies to persons and public corporations including all public authorities (except the Power Authority of the State of New York). It does not apply to state agencies. Any person, public corporation or Authority that intends to take and distribute water for potable purposes must have a water supply permit to do any of the following:  Acquire a new or existing source of water supply or to take an additional amount of water from an existing approved source;  Acquire or condemn lands for any new or additional water supply sources;  Undertake construction of any portion of a water supply project;  Exercise any franchise granted to supply water to any inhabitants of the State;  Extend the mains of a water supply system into any area not previously approved for service by that system;  Extend the boundaries of the water district; or  Supply water in an area where a water supply already exists. Division of Water contact: (518) 457-0725  Wastewater Discharge Permits - SPDES (State Pollutant Discharge Elimination System), covered under 6 NYCRR Parts 652 and 750 - 758 - A SPDES permit is required for the construction or use of an outlet or discharge pipe (referred to as "point source") for the discharge of wastewater into the surface waters or ground waters of the state. Quantities and concentrations of chemicals that may be discharged to the sewer are set by the municipality. The wastewater treatment facility operator should be contacted to determine allowable discharges and pretreatment requirements. For instance, washwaters and other chemical or biological wastes may need to be pretreated before discharge. Regulations Alert - Businesses or institutions that discharge 15 kilograms or more of hazardous waste to a sewer are required to notify EPA, DEC, and the wastewater treatment facility of the practice. Approvals are required for:  A SPDES permit is required to create or use an outlet or a point source to discharge "sewage," "industrial wastewater," or "other wastes" to the surface or groundwaters of the state or to discharge "pollutants" to the waters of the state. This includes all discharges; even discharges such as washings from concrete dust resulting from highway repairs and discharges from floor drains in vehicle service or washing bays.  A SPDES permit is not required but municipal approval is required to discharge "industrial waste" to a municipally owned sewer system in conformance with federal industrial pretreatment regulations. Industrial User Permits may be required for these indirect discharges.  Plan approval from DEC is necessary prior to the construction of facilities for the treatment or disposal of "sewage," "industrial wastewater" or "other wastes."  Annual regulatory fees are required.  The SPDES permit issued contains applicable effluent limitations and the discharge may not exceed the prescribed limitations. Prohibited discharges:  The discharge of any radiological, chemical or biological warfare agent or high-level radioactive waste.  Any discharge that would substantially impair anchorage and navigation.  Any discharge to which the federal government has objected (i.e., - EPA has acted to prohibit the discharge to groundwater from floor drains in service Guidance Manual for Small Business/Local Gov’t 68 January 1998 bays primarily used for vehicle maintenance).  Any discharge not permitted by the provisions of the law and/or regulations. EXCEPTIONS: SPDES permits are not required for:  Any discharge of any pollutant when such discharge conforms with the national contingency plan for removal of oil and hazardous substances.  Additions of pollutants into a treatment works which will not cause exceedance of the permit limits.  Systems that discharge or are designed to discharge less than 1,000 gallons per day of sanitary sewage to groundwater, provided the discharge will not impair the groundwater use for drinking purposes or cause a hazard to public health. However, permits are required for certain storm water discharges.  Any discharge of sewage from vessels, including effluent from properly functioning marine engines, laundry, shower and galley sink wastes, or any other discharge incidental to the normal operation of a vessel.  Water, gas or other material that is injected into a well to facilitate production of oil or gas, and is approved by DEC. Examples of discharges that may require treatment and/or permits:  Plating or rinsing bath from metal plating,  Spent photographic chemicals and washwater,  Separator water from recovery of perchloroethylene (e.g., from dry cleaning operations),  Floor washings from vehicle maintenance and repair shops or car washing operations, and  Spent laboratory chemicals. Annual regulatory fees are required as specified in Section VI of this publication. Division of Water contacts: Wastewater discharge SPDES permit applications: (518) 457-3467 Wastewater treatment works operation: (518) 457-4225 Discharge monitoring violations: (518) 4570826 WATER CONSERVATION‡ As facilities examine their chemical raw material use and where these materials go, they generally find that much of it ends up in wastewater. Water used in production processes can pick up many pollutants along the way, especially in rinses, which must be removed before the wastewater is sewered. Removing these contaminants can be expensive. Now that more facilities are switching from chlorinated hydrocarbon cleaners to water-based cleaners, it is important for companies to minimize their water use in order to keep their water purchase and treatment cost low. Incentives for Conserving Water: • Water purchase and treatment costs are continuously increasing. Environmental protection regulations on water use and wastewater are continuously increasing, thereby increasing the cost of compliance. • Benefits of Water Conservation: Water conservation can yield direct water cost savings as well as other economic and environmental benefits by reducing demands for processing and treating water. Examples of these benefits include: • Reduced loading of in-house wastewater treatment equipment, resulting in lower operating costs. Guidance Manual for Small Business/Local Gov’t 69 January 1998 • Reduced hydraulic loading of pretreatment systems, allowing for optimized design at a lower cost. Reduced sludge volume and disposal costs because of fewer water and mineral contaminants (calcium and magnesium) passing through the pretreatment system. Reduced regulatory requirements due to lower water use and contaminant levels. • One plating company reduced copper losses in a plating tank by slowing withdrawal rates of parts from the tank, extending drip times over the plating tank and using agitated rinses. This reduced copper loading to the wastewater treatment system by 40 percent, and reduced water use by 50 percent while still maintaining product quality. Getting Started: Each facility must determine its own plan to reduce water use. The following are general guidelines for getting started with water conservation: • Benchmark your current incoming water rates by reviewing water utility records for the past year. This will give you data on water volume use and its cost. Observe how water is used in production for at least one week (preferably one month). Encourage ideas from production employees on how water may be used more efficiently. Obtain water conservation information from vendors, trade associations, consultants and DEC. Form a team to evaluate water conservation ideas, methods and equipment and how they can be implemented. Train personnel on the benefits of water conservation practices, and new operating techniques designed to conserve water. Monitor the results of your conservation efforts to measure success and help identify other opportunities to conserve water. • Suggestions for Reducing Water Use: Many opportunities exist for agencies to reduce their water use. These include: • • Repair leaking faucets, valves and water lines. Install flow restrictors or flow control valves to reduce water flow. • • Use timers or foot pedals to run water only when needed. • • Eliminate hoses and other water lines with no flow-control mechanisms. • • Institute an aggressive preventive maintenance program. • Examples from Industry: Many companies are using the following equipment or methods to reduce water use: • Conductivity controllers: activate water flow only when needed. Countercurrent rinses: circulate rinse-water through a series of two or three rinse tanks, using the same water to rinse parts more than once. Agitated rinses: ensure that water is wellmixed and consistent throughout the tank. Static or dead rinses: concentrate process chemicals that can be reused as makeup in the process tank. 70 • • • • ‡ • By Cindy McComas and Bob Lundquist, Minnesota Technical Assistance Program, University of Minnesota, 1313 5th Street SE, Suite 207, Minneapolis, Minnesota 554144504 Guidance Manual for Small Business/Local Gov’t January 1998  Storm Water General Permits - SPDES (State Pollutant Discharge Elimination System), covered under 6 NYCRR Parts 652, 750-758 in accordance with 40 CFR 122.26 New York State has an approved stormwater SPDES permit program in accordance with the requirements of 40 CFR 122.26 concerning stormwater discharges to the surface or groundwater of the State from any one or more of these activities: construction, hazardous waste management or storage, solid waste management (including landfills), steam electric power generation, transportation, sewage or wastewater treatment, or any of the Standard Industrial Classifications listed in 40CFR 122.26. A general SPDES permit may be required for a storm water discharge from any facility, project or operation involving any of these activities:  Construction on five or more acres (including clearing, grading and/or excavation);  Hazardous waste treatment, storage or disposal;  Solid waste management (including landfills);  Steam electric power generation;  Transportation (including highway rights-of-way), bus terminals and garages, railroads (including track rights-of-way and train depots, repair shops, and other structures), car and truck garages and repair shops, etc.  Sewage and/or wastewater treatment; and  Industries with Standard Industrial Classifications 10-14, 24 (except 2434), 26 (except 265 & 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373, 40, 41, 42 (except 4221-4225), 43, 44, 45 and 5171 (see definitions of classifications in 40 CFR 122.26). require a general SPDES permit for a storm water discharge are:  The type of facility, project or operation must be specifically identified in the federal storm water (NPDES) regulations;  Storm water run-off is collected through some sort of conveyance system such as a pipe, ditch, swale, culvert, etc.; and  The conveyance discharges to surface waters. If all three conditions are met, the storm water run-off is defined as a discharge associated with industrial activity and requires a SPDES permit. Annual regulatory fees are required as specified in Section VI of this publication. Division of Water contacts: Storm water general SPDES permits: (518) 457-0624  Wastewater Treatment Plant Operator Certification, covered under 6 NYCRR Part 650 - A wastewater treatment plant must be under the responsible supervision of an approved operator at all times. No person shall be employed as operator or assistant operator unless he/she possesses certification from DEC. Certified wastewater treatment plant operators are required for all wastewater treatment plants. The three conditions that need to be met in order for a facility, project or operation to 71 EXEMPTIONS: Wastewater treatment plants consisting solely of the following treatment schemes are exempt from the requirement of having a certified chief operator or assistant/shift operator:  Septic tanks followed by subsurface leaching systems with eventual discharge to the ground waters, regardless of design capacity;  Septic tanks followed by open or covered intermittent sand filter systems Guidance Manual for Small Business/Local Gov’t January 1998 with a designed capacity of less than 50,000 gallons per day; and  Wastewater treatment plants that treat industrial wastes exclusively. Division of Water contact: (518) 457-4225  Great Lakes Water Withdrawal Registration, covered under 6 NYCRR Part 675 - This part requires that persons in the Great Lakes basin register water withdrawals of over 100,000 gallons per day averaged over any consecutive 30 days. Proposed water withdrawals and water losses must be registered 45 days in advance. Water registrations are for two years with a registration fee of $200.00. Agricultural withdrawals can be registered annually and after the withdrawal has occurred. All agricultural registrations are to be completed by December 31 in the year in which the withdrawal has occurred with a registration fee of $100.00. Registration forms are available at the DEC regional offices and from the Cornell Cooperative Extension and the County Soil and Water Conservation District offices. The registration forms, together with the registration fee, are to be sent to: DEC, Division of Water, Bureau of Water Permits, 50 Wolf Road, Albany, New York 122333505. EXEMPTIONS: Registrations do not apply to withdrawals by municipalities that have a valid water supply permit, or to withdrawals by persons with a valid water lifting permit. Also, registrations are not required for hydroelectric generation at a facility certified, licensed, or permitted by the Federal Energy Regulatory Commission. Division of Water contact: (518) 457-6939  Water Fixtures, covered under the ECL Section 15-0314 - The ECL prohibits the sale, importation or installation of any plumbing fixture which is not certified to meet water saving standards. The maximum water use Guidance Manual for Small Business/Local Gov’t standards are two and one half (2 ½) gallons per minute for sink faucets, showerheads, and lavatory faucets, 1.6 gallons per flush for toilets and one gallon per flush for urinals. In addition, all drinking water fountains and faucets in public rest rooms must be of a selfclosing variety. DEC maintains a list of certified plumbing fixtures. Division of Water contact: (518) 457-6939 Division of Water Publications Contact DOW at the number listed or a regional office (refer to list on page 75) for copies of these and other DOW publications and forms.  Flier "Educational Technical Assistance (ETA)," describes the ETA program, which was developed to provide direct assistance to the operators and staff of municipal and industrial wastewater treatment plants to enable them to operate their facilities more effectively. Call (518) 457-7297 for details.  Booklet "State Pollutant Discharge Elimination System (SPDES) Permit Program," assists the owner or manager of a private, commercial or institutional (P/C/I) facility which discharges predominantly sewage wastewater, in the SPDES permit application and review process. Call (518) 457-1067 for details.  Booklet "Public Water Supply Program, Applicant's Guide," explains when a public water supply permit is needed and provides instructions on the preparation of permit applications. Contact Environmental Permits in your DEC regional office.  "Operator Facts" is a quarterly publication of the DEC, Division of Water. The purpose is to inform wastewater operators about issues regarding wastewater treatment. The focus is on certification, training and technical developments. To be placed on the mailing list for this publication, send a letter including certification number to: Operator Facts, DEC, 72 January 1998 Room 340, 50 Wolf Road, Albany, NY 12233-3506. Call (518) 457-8952 for details.  Division of Water Technical Assistance An information directory of nonpoint source related publications, slide shows videos and computer programs has been compiled by the New York Nonpoint Source Coordinating Committee (NYNPSCC). Entitled "Where to Find Information on Nonpoint Source Pollution in New York State," the directory contains information on 35 subjects, including urban runoff, drainage, pesticides, hazardous waste, agriculture and households. Most of the materials outlined in the directory are readily available from various agencies located in New York State. For a copy of the directory, please contact: NYSNPSCC, c/o Bureau of Watershed Management, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12233-3508.  Other Division Activities: of Water Program Bureau of Water Compliance Programs, (518) 457-8952, offers: - Technical assistance to the regulated community - Technical assistance and training for wastewater facility personnel Division of Water Regional Office Contacts (See page 75 for regional office locations) Region 1.................................... (516) 444-0405 Region 2.................... (718) 482-4933 Ext. 7000 Region 3.................................... (914) 322-1835 Region 4.................................... (518) 357-2045 Region 5.................................... (518) 623-3671 Region 6.................................... (315) 793-2554 Region 7.................................... (315) 426-7500  Bureau of Watershed Management, (518) 457-8960, offers: - Public information and educational materials - Public Participation - Watershed Stewardship Program - Great Lakes activities information - Guidance manuals for nonpoint pollution source controls - Management practice catalogues for Urban/Stormwater Runoff, Agriculture, Silviculture, Construction, Hydrologic and Habitat Modification, Roadway and Right-of-Way Maintenance, Resource Extraction, On-Site Wastewater Treatment Systems, Marina Operations for Existing Facilities, and Leaks, Spills and Accidents. Region 8.................................... (716) 226-2466 Region 9.................................... (716) 851-7070 Guidance Manual for Small Business/Local Gov’t 73 January 1998          STATE ASSISTANCE Pollution Prevention/SQG Hotline NYSDEC, Pollution Prevention Unit 50 Wolf Road, Room 298 Albany, NY 12233-8010 In NYS (800) 462-6553 Out of State (518) 485-8471 Pollution Prevention Clearinghouse Phone: (518) 457-2553 Fax: (518) 457-2570 Small Business Assistance Program NYS Environmental Facilities Corporation 50 Wolf Road Albany, NY 12205 Phone: (800) 780-7227 Phone: (518) 457-9135 Fax: (518) 485-8494 To obtain information about the Clean Air Act Clean Air Act Small Business Ombudsman Empire State Development Small Business Division 633 3rd Avenue, 32nd Floor New York, NY 10017 (800) STATENY To obtain information about the Clean Air Act NYSDEC Spills Hotline 50 Wolf Road Albany, NY 12233-3750 (800) 457-7362 NYSDEC Chemical/Petroleum Bulk Storage Assistance 50 Wolf Road Albany, NY 12233-3750 (888) 457-4351 Technical Determination Section 50 Wolf Road Albany, NY 12233-7253 (518) 485-8988 Assists in making hazardous waste determinations for your business New York State Science & Technical Foundation - MEP Statewide Office 99 Washington Avenue, Suite 1731, Albany, New York 12210 Phone (518) 473-9746 FEDERAL ASSISTANCE EPA Small Business Ombudsman Hotline (800) 368-5888 RCRA/Superfund Hotline (800) 424-9346 National Response Center 1 (800) 424-8802 (in Washington, D.C. (202) 426-2675 USEPA Region II Office Compliance Assistance & Support Branch 290 Broadway, 21st Floor New York, NY 10007-1866 Phone: (212) 637-3268 Fax: (212) 637-4035 Pollution Prevention Clearinghouse (202) 260-1023 Federal documents on pollution prevention Guidance Manual for Small Business/Local Gov’t 74 January 1998 NYSDEC REGIONAL OFFICES REGION 1 (Nassau & Suffolk Counties) SUNY Campus Loop Road, Building 40 Stony Brook, NY 11790-2356 (516) 444-0354 REGION 6 (Herkimer, Jefferson, Lewis, St. Lawrence and Oneida Counties) State Office Building 317 Washington Street Watertown, NY 13601 (315) 785-2238 REGION 2 (Bronx, Kings, New York, Queens & Richmond Counties) 1 Hunters Point Plaza 47-40 21st Street Long Island City, NY 11101-5407 (718) 482-4900 REGION 7 (Broome, Cayuga, Chenango, Cortland, Madison, Onondaga, Oswego, Tioga & Tompkins Counties) 615 Erie Boulevard West Syracuse, NY 13204 (315) 426-7400 REGION 3 (Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, & Westchester) 200 White Plains Road Tarrytown, NY 10591-1696 (914) 256-3000 REGION 8 (Chemung, Genesee, Livingston, Monroe, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne & Yates Counties) 6274 E. Avon-Lima Road Avon, NY 14414 (716) 226-2466 REGION 4 (Albany, Columbia, Delaware, Greene, Montgomery, Otsego, Rensselaer, Schenectady & Schoharie Counties) 1150 Westcott Road Schenectady, NY 12306-2014 (518) 357-2234 REGION 9 (Allegany, Cattaraugus, Chautauqua, Erie, Niagara & Wyoming Counties) 270 Michigan Avenue Buffalo, NY 14203-2999 (716) 851-7000 REGION 5 (Clinton, Essex, Franklin, Fulton, Hamilton, Saratoga, Warren & Washington Counties) Route 86, PO Box 296 Ray Brook, NY 12977-0296 (518) 897-1200 Guidance Manual for Small Business/Local Gov’t 75 January 1998 LOCAL ASSISTANCE For Companies in Suffolk County Suffolk County Water Authority Pollution Prevention Program 4060 Sunrise Highway Oakdale, NY 11769 Phone: (516) 563-0306 Fax: (516) 277-4097 The Southwestern New York Environmental Compliance Network Office of Business and Professional Development Jamestown Community College 525 Falconer Street, PO Box 20 Jamestown, NY 14702-0020 Phone: (716) 665-5220 ext. 446 Fax: (716) 665-2585 For Companies in Kings, Queens, Bronx, Richmond or New York Counties NYC Dept. of Environmental Protection Environmental Economic Development Assistance Unit 59-17 Junction Boulevard, 11th Floor Corona, NY 11368-5107 Phone: (718) 595-4462 Fax: (718) 595-4479 New York City Industrial Technology Assistance Corporation 253 Broadway, Room 302 New York, NY 10007 Phone: (212) 240-6920 Fax: (212) 240-6879 For Companies in Chautauqua, Cattaraugus, and Allegany Counties The Center for Business and Industry SUNY at Fredonia Lograsso Hall Fredonia, NY 14063 Phone: (716) 673-3177 Fax: (716) 673-3175 Broome County Division of Solid Waste Management Edwin Crawford County Office Building 44 Hawley Street Binghamton, NY 13902 Phone (607) 778-2250 Fax: (607) 778-2395 For Companies in Erie County Erie County Office of Pollution Prevention 95 Franklin Street, 10th floor Buffalo, NY 14202-3973 Phone: (716) 858-7674 Fax: (716) 858-7713 Guidance Manual for Small Business/Local Gov’t 76 January 1998 ENVIRONMENTAL MANAGEMENT COUNCILS Mr. Frank Cardullo, Chair Broome County EMC Broome County Office Bldg. PO Box 1766 Binghamton, NY 13902-1766 (607) 778-2116 Honey Goshorn, Chair Cayuga County EMC c/o Planning Department 160 Genesee Street Auburn, NY 13021 (315) 253-1276 Mr. Richard Stineman, Chair Chautauqua County EMC c/o Planning Department Gerace Office Bldg. Mayville, NY 14757 (716) 753-4296 Reeve Howland, Chair Chemung County EMC Human Resources Center 425 Pennsylvania Avenue Elmira, NY 14904 (607) 734-4453 Daniel Wagner, Chair Chenango County EMC County Office Building 5 Court Street Norwich, NY 13815 (607) 337-1640 Roland Vosburgh, Director Planning Columbia County EMC 401 State Street Hudson, NY 12534 (518) 828-3375 Mr. Keith Bowden, Chair Jefferson County EMC 175 Arsenal Street Watertown, NY 13601 (315) 785-3144 Guidance Manual for Small Business/Local Gov’t Susan Walker, Chair Livingston County EMC Livingston County Government Center 6 Court Street, Room 305 Geneseo, NY 14454-1043 (716) 243-7550 Mary Kunzler-Larmann, Chair Madison County EMC PO Box 606, County Office Bldg. Wampsville, NY 13163 (315) 366-2620 Gary Schmitt, Chair Monroe County EMC 350 East Henrietta Rd., Bldg. 5 Rochester, NY 14620 (716) 274-8317 James Hoffman/Gail Walder Niagara County EMC 59 Park Avenue Lockport, NY 14094-2740 (716) 439-7269 Mr. Brian Dam, Chair Oneida County EMC 800 Park Avenue Utica, NY 13501 (315) 798-5710 Chuck Franzese, Acting Chair Schuyler County EMC Rural Urban Center 208 Broadway Street Montour Falls, NY 14865 (607) 535-7161 Ronald Johnson, Chair St. Lawrence County EMC Courthouse, 48 Court Street Canton, NY 13617 (315) 379-2281 77 January 1998 Ms. Janet Thigpen, Chair Steuben County EMC County Office Building Pulteney Square East Bath, NY 14810 (607) 776-9631 Ms. Theresa Elkowitz, Chair Suffolk County Council on Env. Quality Department of Planning 220 Rabro Drive Hauppauge, NY 11788 (516) 853-5204 Mr. Ed Cope, Chair Tompkins County EMC 121 East Court Street Ithaca, NY 14850 (607) 274-5560 Rick Fritchler, Chair Ulster County EMC PO Box 557 Stone Ridge, NY 12484 (914) 687-0267 Sue Cummins/Steve Perry, Chairs Cortland County EMC Cortland County Planning Department 60 Central Ave, PO Box 5590 Cortland, NY 13045 (607) 753-5043 Gwen Harding-Peets, Chair Dutchess County EMC PO Box 259 Millbrook, NY 12545 (914) 677-8223 Peter Warn, Acting Chair Erie County EMC Department of Environment & Planning 95 Franklin Street, Room 1077 Buffalo, NY 14202 (716) 858-7472 Mr. Bill Johnston, Chair Essex County EMC Essex County Planning Office PO Box 217 Elizabethtown, NY 12932 (518) 873-3685 Mr. Anthony Kutter, Chair Genesee County EMC 3837 West Main Street Batavia, NY 14020 (716) 344-2580 Jeff Flack, Chair Greene County EMC HCR 3, Box 909 Cairo, NY 12413 (518) 622-3251 David Hertzler, Chair Oswego County EMC 25 Soper Mills Road Mexico, NY 13114 (315) 963-8525 Mr. Giles Russell, Chair Otsego County EMC 197 Main Street Cooperstown, NY 13326 (607) 547-4225 George Baum, Chair Putnam County EMC RR9, Fair Street Carmel, NY 10512 (914) 878-3480 Ken Dufty, Executive Director Rensselaer County EMC 1600 Seventh Avenue Troy, NY 12180 (518) 270-2888 Bill Baker, Acting Chair Rockland County EMC Allison Parris COB New City, NY 10956 (914) 638-5709 Note: Office will be moving early 1998. 78 January 1998 Guidance Manual for Small Business/Local Gov’t George Hodgson, Director Saratoga County EMC 50 West High Street Ballston Spa, NY 12020 (518) 884-4778 Maryde King, Chair Schenectady County EMC Schaffer Heights 107 Nott Terrace, Suite 303 Schenectady, NY 12308 (518) 386-2225 Ms. Jan Blaire, Chair Westchester County EMC 432 County Office Bldg. White Plains, NY 10601 (914) 285-4422 Guidance Manual for Small Business/Local Gov’t 79 January 1998 RESOURCES ON THE INTERNET Organization National Pollution Prevention Roundtable Tellus Institute Waste Reduction Resource Center NEW YORK STATE Empire State Development Services to Business NYS Department of Environmental Conservation NYS Environmental Facilities Corporation U.S. ENVIRONMENTAL PROTECTION AGENCY Common Sense Initiative Enviro$en$e Small Business Assistance Program Technology Transfer Network U.S. DEPARTMENT OF ENERGY Pollution Prevention Information Clearinghouse National Metal Finishing Resource Center Greenlink: the Automotive Compliance Information Assistance Center Printers National Compliance Assistance Center Graphics Arts Technical Foundation Printing Industries of America, Inc. PACIFIC NORTHWEST LABORATORIES Green Guide Pollution Prevention Resource Center Internet Address http://es.epa.gov/nppr http://www.tellus.org http://www.owr.ehnr.state.nc.us/wrrc1.html http://www.empire.state.ny.us/service.html http://www.dec.state.ny.us http://unix2.nysed.gov:71/11/agencies/ executive/env-corp http://www.epa.gov/commonsense http://epa.gov/envirosense/nppr/index.html http://epa.gov/tnn/sbap http://www.epa.gov/tnn http://epic.er.doe.gov/epic http://www.nmfrc.org http://www.ccar-greenlink.org http://es.inel.gov/oeca/ag/aghmpg.html http://www.gatf.lm.com http://www.printing.org http://bbs.pnl.gov:2080/esp/greenguide/ http://pprc.pnl.gov/pprc Guidance Manual for Small Business/Local Gov’t 80 January 1998

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