Environment Committee Update
February 25, 2009

New Brownfields Legislation Opposed

The Business Council has issued a memo in opposition to S.1564 (Thompson), which would modify eligibility standards for, and calculation of, site redevelopment credits under the state’s brownfield program. This bill would reduce the redevelopment credit cap to $25 million and make RCRA permit sites as well as brownfield program “participants” ineligible for the program.

U.S. Chamber Successfully Champions NEPA Provision in Stimulus Bill, Compiles List of Infrastructure Projects Obstructed by NEPA/NIMBY

New Rules on VOC’s

The New York State Department of Environmental Conservation (DEC) is preparing to propose a rule which will limit emissions of volatile organic compounds (VOCs) from commercial and industrial adhesives, sealants and primers. This is being done in response to the United States Environmental Protection Agency (EPA) designation of nonattainment areas for its 8-hour ozone national ambient air quality standard (8-hour ozone NAAQS). As a result of this rule, the State of New York, for its various nonattainment areas, must demonstrate that it will attain the 8-hour ozone NAAQS. The associated VOC emissions reductions from this proposed rule will be used as part of New York State’s plan to attain and maintain further reductions in ground level ozone producing emissions for the purpose of attaining the EPA mandated 8-hour ozone  NAAQS.

The proposed rule is based on a model rule which was developed by the Ozone Transport Commission (OTC) as part of a regional effort to attain and maintain the eight-hour ground level ozone standard and reduce eight-hour ozone levels. New York State is among the OTC participating states opting to promulgate ozone emission reduction rules based on this model rule.
The anticipated effective date for this rule is January 1, 2010. The Department is also considering a four month sell through period from January 1, 2010 through May 1, 2010 for non-compliant commercial and industrial adhesives, sealants and primers.  

This proposed rule would amend 6 NYCRR Part 228.

Comptroller DiNapoli Proposes Legislation to Strengthen Oil Spill Fund Collections

“Bottle Bill” Testimony

The Business Council will be addressing a public hearing of the Senate Environmental Conservation Committee next week on the budget issue of the expanded bottle bill.

The hearing will begin at 10:00 AM, Wednesday, March 4, 2009 in Room 124 of the Capitol.