21 CRR-NY 503.3NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 21. MISCELLANEOUS
CHAPTER XI. NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
PART 503. IMPLEMENTATION OF STATE ENVIRONMENTAL QUALITY REVIEW ACT
21 CRR-NY 503.3
21 CRR-NY 503.3
503.3 List of Type II actions.
In addition to the list of actions contained in 6 NYCRR 617.13, the following actions or classes of actions do not have a significant effect on the environment and do not require environmental impact statements or any other determination or procedure under the State Environmental Quality Review Act or Part 617 of Title 6 NYCRR:
(a) design, laboratory testing, construction, installation, or demonstration of:
(1) lighting and daylighting systems which include such components as ballasts, controls, automatic dimmers, reostats, luminaires, lamps, reflectors, or louvers;
(2) more energy-efficient, or minor modifications to, heating or air conditioning equipment or systems using less than five million Btu's per hour;
(3) more energy-efficient, or minor modifications to, conventional refrigeration equipment, motors, compressors, pumps, or fans;
(4) more energy-efficient, or minor modifications to, heat exchangers, recuperators, heat pipes, heat wheels, or mechanical heat pumps of less than 10 million Btu's per hour heat recovery;
(5) minor new devices, instrumentation, or equipment for measuring or monitoring air or water quality at existing facilities;
(6) blowers, pumps, fans, air diffusers, dewatering apparatus, heat pumps, or other comparable energy-saving equipment for water or sewage treatment works, or the minor alteration of the related existing structures, buildings, or facilities involving no expansion of use beyond that previously existing;
(7) safety or health protective devices for use during construction of, or in conjunction with, structures, facilities, or mechanical equipment;
(8) insulation, weatherstripping, storm windows, submeters, load management systems, or similar energy conservation measures;
(9) computer programs;
(10) minor equipment additions for separating components, or mechanically changing the shape or form, of nonhazardous solid waste at existing resource recovery facilities, provided that any installation and demonstration is limited to minor equipment modifications of an existing system for source separation or mechanical change of shape or form;
(11) passive solar and solar-electric techniques in existing buildings, but not including additions to the building or solar-electric installations of more than 4,000 square feet;
(12) local traffic control systems;
(13) closed-cycle earth heat exchange systems producing less than one million Btu's per hour;
(14) minor new devices for electrical interconnection of existing wind turbines, cogeneration equipment, electric vehicle charging or photovoltaic energy systems, having an installed generating capacity of five megawatts or less, with existing transmission or distribution facilities;
(15) process controls or control systems that do not result in increased emissions or production of wastes, such as computer hardware or software, programmable controllers, robots, or related automation equipment;
(16) mechanical technologies, such as filters or membranes, for separating liquids or gases for purposes of recovering or recycling components, energy, or water in connection with existing facilities;
(17) fully or semi-automated laser, other electrically powered, lighting, hot-air, infrared, or lamination technologies for materials cutting, spot heating, or treating in manufacturing operations;
(18) minor new devices, instrumentation, or equipment, but not including the construction of towers, for measuring or monitoring the performance of an operation, process, or system or to support remote or wireless communications;
(19) engines or fuel cells producing no more than 200 kilowatts that either use existing fuel supplies or involve new fuel storage supplies of not more than 500 liters;
(b) sampling and analytically evaluating nonradioactive or nonhazardous solids, liquids, or gases such as biogas, coal wastes, ash, sewage sludge, wood, or other biomass materials, when no more than 100 grams or one liter of material is required per analysis;
(c) operating a sewage or industrial waste treatment plant to test chemical, physical, or biological concepts for the treatment of such wastes when no more than 20 percent of full scale system flow is being treated or controlled and the effluent from the test equipment is returned to the full scale treatment or control system for further treatment or control;
(d) laboratory testing of chemical, physical, and biological concepts for the treatment or control of nonhazardous municipal, utility, business, or industrial wastes, or other nonhazardous materials when a reactor volume of no more than 100 liters is used;
(e) administering or managing routine or continuing agency activities, including but not limited to the execution of personal service or consulting contracts, which do not include new programs or the major reordering of priorities;
(f) performing administrative support or consulting service functions consisting of:
(1) providing technical assistance or advice to other government agencies or the private sector;
(2) commenting on legislation or regulations proposed by government agencies;
(3) executing routine contracts for printing, equipment maintenance, or office supplies, or purchase contracts for minor new equipment;
(4) establishing rates, charges, or fees for services, facilities, or products of the authority other than rates, charges, or fees for disposal of low-level radioactive waste;
(5) establishing reporting requirements;
(6) providing training, seminars, or other informational or educational services; or
(7) performing other comparable administrative or consulting service activities;
(g) preparing and executing leases in which the authority is either the lessee or lessor, which involve the lease of less than 100 contiguous acres of land and only structures (if any) existing at the time of the lease, when there is to be no material change in use;
(h) approving an inducement resolution or other similar official action for purposes of the Federal Internal Revenue Code (not including any authorizing resolution) for potential financing for sewage facilities, solid waste disposal facilities, facilities for the local furnishing of electric energy or gas, local district heating or cooling facilities, qualified hazardous waste facilities, or special energy projects;
(i) approving an authorizing resolution providing for the issuance by the authority of its bonds, notes, commercial paper, or other obligations (bonds) to refund obligations previously issued by the authority;
(j) performing minor interior or exterior alterations of existing structures, buildings, or facilities, such as warehouses, garages, service buildings, residences, roads, or parking lots, or mechanical, electrical, or plumbing equipment contained therein, involving negligible or no expansion of use beyond that previously existing;
(k) conducting landscaping, groundskeeping, or similar activities that may alter or temporarily disturb the surface of land, but which will have negligible or no permanent adverse effect, such as minor soil grading, seeding, planting, or paving;
(l) conducting energy audits;
(m) sponsoring energy fairs, passive solar design competitions, or other similar activities;
(n) collecting, organizing, and analyzing information, including basic data collection and research, masterplan study components, water quality or pollution studies, traffic counts, engineering studies, boring studies, surveys, or soils studies that do not commit the authority to undertake, fund, or approve any Type I or unlisted action;
(o) preparing and disseminating pamphlets, brochures, reports, or other informational materials;
(p) conducting pilot- or bench-scale laboratory research and analyses in which all products and byproducts can be adequately disposed of through the existing laboratory's solid waste disposal, ventilation, and sewage treatment systems;
(q) operating test engines or no more than 50 motor vehicles on an alternate fuel when emissions from the alternate fuel are below those of conventional fuels in every regulated category; and
(r) combusting no more than five million Btu's per hour (steam equivalent) of wood at existing facilities.
21 CRR-NY 503.3
Current through October 15, 2021
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