Regulation	Details	Effective Date	B&L Contact
	Spill Prevention, Control, and Countermeasure Plans: New Deadline	EPA extended the deadline from November 10, 2010 to November 10, 2011 for existing facilities to amend and implement their SPCC plans based on the most recent 2008 and 2009 revisions. Facilities that became operational after August 16, 2002 must prepare and implement a plan by November 10, 2011. Facilities that become operational after that date must prepare and implement a plan before beginning operations.	11/10/2011	Jeff Reed
	Proposed Reissuance and Modification of Nationwide Permits (NWPs)	Details: US Army Corps of Engineers is accepting comments through April 18, 2011 on the proposed reissuance of the existing Nationwide Permits to incorporate the following modifications: adding new NWPs for land-based and water-based renewable energy pilot projects, omitting NWP 47 (Pipeline Safety Program), text revisions to numerous other existing NWPs including changing size limits for losses of stream beds, and the addition of new general conditions for impoundment structures and discovery of remains/artifacts.	4/18/2011	Johanna Duffy
	Proposed Changes to the State Environmental Quality Review Act (SEQRA)	The New York State Department of Environmental Conservation (NYSDEC) is proposing to implement changes to the SEQRA regulations (6 NYCRR Part 617). Draft models of the short and long Environmental Assessment Forms (EAFs) and the negative declaration form have been issued for public review. The NYSDEC has identified the current EAFs as being out-of-date and no longer adequately serving the purposes for which they were created. These forms have been revised to make them more effective in gathering information, to address critical environmental subjects that are now current (such as climate change, pollution prevention, environmental justice, etc), and to make the forms more user friendly, simplifying the completion process. NYSDEC also plans on issuing a workbook document in the future that will discuss the forms in simple terms and provide hints and directions on where appropriate information can be accessed. Public comments are being accepted on these proposed changes until the close of business on April 8, 2011.	4/8/2011	Johanna Duffy or John Condino
	EPA Mandatory Greenhouse Gas (GHG) Reporting	Because the on-line reporting system has not yet been finalized, the EPA has announced plans to extend the deadline for facilities to submit reports under the mandatory GHG reporting rule. The current rule requires annual reports be submitted by March 31, 2011 for GHG emissions that occurred in 2010. To allow time for the EPA to finalize the Electronic Greenhouse Gas Reporting Tool, the deadline has been postponed until late summer. The new deadline date will be announced by the end of March 2011.	3/31/2011	Jeff Reed
	Updated NYS Municipal (MS4) Stormwater Permit and Stormwater Management Design Manual	The NYSDEC has revised the municipal (MS4) stormwater permit and Stormwater Management Design Manual. The following key changes to the manual will be required for projects that submit construction stormwater permit applications to the NYSDEC after February 28, 2011: There is a new sizing requirement for stormwater reduction, called the Runoff Reduction Volume. A designer must now address a list of twenty-three (23) green infrastructure planning categories and practices. There are new soil decompaction requirements. If not addressed, the designer must increase the curve number for exposed soils. The new Runoff Reduction Volume should be managed first with Green Infrastructure and be at the stormwater source. Signs are required at the site of permanent stormwater management practices. All Planning and Green Infrastructure techniques identified in the Manual must be evaluated and addressed in the Stormwater Pollution Prevention Plan (SWPPP) and all practices and techniques used must be shown on the Site Plan.	2/28/2011	Nadine Medina or David Hanny
	Update to GHG Tailoring Rule: EPA Has Deferred GHG Permitting Requirements for Industries that Use Biomass for Three Years	As reported in the SPEC Volume 9 Issue 1, Large Emitters of Greenhouse Gases are Subject to Clean Air Act (read more here.) However, the U.S. EPA has announced its plan to defer, for three years, greenhouse gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources. The agency intends to use this time to seek further independent scientific analysis of this complex issue and then to develop a rulemaking on how these emissions should be treated in determining whether a Clean Air Act permit is required.	1/2/2011	Jeff Reed
	New SPDES Permit for Stormwater Discharges from Construction Activity	On January 29, 2010, the NYSDEC issued a new State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity. The permit has been re-titled GP-0-10-001 and will be effective from January 29, 2010 to January 28, 2015. The permits generally pertain to any construction activities that disturb greater than one acre, although lower thresholds apply to sensitive watersheds. The permit requires the development of a Stormwater Pollution Prevention Plan (SWPPP) and submittal of a Notice of Intent (permit application) prior to the start of construction. SWPPPs that were approved under the previous permit (GP-0-08-001) are still applicable with regard to their design aspects. However, those projects must comply with the new non-design requirements of the permit.	1/29/2010	Nadine Medina or David Hanny
	New York State Law Regulating Petroleum Bulk Storage Program Modified	Legislation passed by New York State mandates New York State Department of Environmental Conservation (NYSDEC) to update the existing PBS regulations. Owners and operators of petroleum bulk storage (PBS) facilities that are regulated by NYSDEC are advised to review the new law and petroleum products. Owners and operators of underground and aboveground storage tanks (USTs and ASTs) and containers that are not currently regulated should also review the PBS legislation as the new law also applies to certain previously unregulated facilities. The new law (ENV Article 17 Title 10 – “Control of the Bulk Storage of Petroleum”) took effect July 21, 2009 and is currently being enforced. Unfortunately for facility owners, due to the NYSDEC regulation drafting process timeframes, the revised PBS regulations incorporating the changes made by the new law may not be available for several years. Two major changes included in the new law were modifications to the definitions of “petroleum” and “facility”. The new definition of “petroleum” now includes all forms of crude oil and synthetic oils. This means that hydraulic oils, dielectric oils, synthetic cutting oils, and other lubricating oils that were previously exempt are now subject to the law. The law also modified the definition of a “facility” which now includes USTs storing more than 110 gallons of petroleum. Facilities with tanks storing petroleum under these new definitions were required to be in compliance with the new law by July 21, 2009. Other significant changes include: requiring all registered USTs be inspected by NYSDEC, a delegated county, or the EPA at least once every 3 years; requiring three levels of operator training; and prohibition of fuel delivery to underground tanks that have not installed spill prevention devices or that have not corrected operational issues (i.e., previous spills or suspected leaks, failure to maintain equipment). The new law also requires secondary containment for the tank, dispenser, and piping for any new underground tank systems within 1,000 feet of any existing community water system or any potable drinking water well.	7/21/2009	Jeff Reed
	General Permit for Concentrated Animal Feeding Operations (CAFOs)	DEC issued a new general permit for concentrated animal feeding operations (CAFOs) under the State Pollutant Discharge Elimination System (SPDES) wastewater discharge permit program. General Permit GP-0-09-001, under the Environmental Conservation Law is available to medium and large CAFOs that do not discharge manure or process wastewater. Eligible facilities may obtain coverage by submitting a Notice of Intent (NOI) form and either a comprehensive nutrient management plan certification (CNMP Certification) for medium CAFOs or an annual nutrient management plan (Annual NMP) for large CAFOs. They must then comply with the terms and conditions of the permit, which, among other things, requires submission of an annual compliance report. CAFOs that discharge manure or process wastewater are covered by existing General Permit GP-04-02 under Environmental Conservation Law and the Clean Water Act. Whether a CAFO is classified as medium or large depends on the number of animals that are stabled or confined. Coverage under one of the two general CAFO permits is required for all medium and large CAFOs in New York, and DEC may elect to require certain CAFOs to obtain an individual permit. General Permit GP-0-09-001 is issued for a five-year term effective July 1, 2009.	7/1/2009	Kim Scamman
	EPA Guidance on Addressing PCB Content in Caulking Materials	In recent years, EPA has learned that caulk containing potentially harmful was used in many buildings, including schools, in the 1950s through the 1970s. In general, schools and buildings built after 1978 do not contain PCBs in caulk. On September 25, 2009, EPA announced new guidance for school administrators and building managers with important information about managing polychlorinated biphenyls (PCBs) in caulk and tools to help minimize possible exposure to potentially harmful chemicals. PCBs are man-made chemicals that persist in the environment and were widely used in construction materials and electrical products prior to 1978. They can affect the immune system, reproductive system, nervous system and endocrine system and are potentially cancer-causing if they build up in the body over long periods of time. Congress banned manufacture and use of PCBs in 1976, and they were phased out in 1978 except in certain limited uses. The Agency is currently looking to assist communities in identifying potential problems and, if necessary, developing plans for PCB testing and removal. Visit http://www.epa.gov/pcbsincaulk for more information.		John Rigge