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ENB - Statewide Notices

Public Notice

Notice of Proposed Rulemaking
New York State Department of Environmental Conservation
6 NYCRR Part 231 New Source Review for New and Modified Facilities
6 NYCRR Part 200, General Provisions
6 NYCRR Part 201, Permits and Registrations

Pursuant to Environmental Conservation Law, Sections 3-0301, 19-0301, and 19-0303, the New York State Department of Environmental Conservation hereby gives notice of the following:

The NYS Department of Environmental Conservation proposes to revise 6 NYCRR Parts 200, 201, and 231 and include these revisions in the State Implementation Plan (SIP). The revisions to Parts 200 and 201 add a definition for Routine Maintenance Repair and Replacement, and modify the definition for Major Stationary Source, respectively. Part 200 is also being revised to reflect that the Department is no longer delegated responsibility for implementation of the federal Prevention of Significant Deterioration program. The Department is undertaking this rulemaking to comply with the 2002 Federal New Source Review (NSR) Rule EPA promulgated and correct deficiencies that EPA identified in regards to New York's existing Nonattainment New Source Review (NNSR) regulation. The 2002 Federal NSR Rule modified both the NNSR and Prevention of Significant Deterioration (PSD) regulations at 40 CFR 51.165 and 52.21, respectively, and requires states with SIP approved NSR programs to revise their regulations in accordance with the 2002 Federal NSR Rule and submit the revisions to EPA for approval into the SIP. The Department's existing NNSR program at Part 231 is subject to this requirement. Another purpose of the rulemaking is to adopt a State PSD program for proposed new major facilities and major modifications to existing facilities located in attainment areas. The proposed Part 231 rule incorporates some provisions from the Federal NSR regulations with additional provisions to ensure enforceability of the rule and effective monitoring, recordkeeping and reporting.

For further information, contact:

Robert J. Stanton, P.E.
NYSDEC, Division of Air Resources
625 Broadway, Albany, NY 12233-3251
Phone: (518) 402-8403
E-mail: 231NSR@gw.dec.state.ny.us


STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
HEARING NOTICE


Notice is hereby given that the New York State Department of Environmental Conservation (Department), will hold legislative public hearings on the proposed revisions to 6 NYCRR Parts 200, 201 and 231 and the associated revisions to the State Implementation Plan (SIP). The proposed rule revisions when finalized will be included in the State Implementation Plan (SIP).

The revisions to Parts 200 and 201 add a definition for Routine Maintenance Repair and Replacement, and modify the definition for Major Stationary Source, respectively. Part 200 is also being revised to reflect that the Department is no longer delegated responsibility for implementation of the federal Prevention of Significant Deterioration program. The Department is undertaking this rulemaking to comply with the 2002 Federal New Source Review (NSR) Rule EPA promulgated and correct deficiencies that EPA identified in regards to New York's existing Nonattainment New Source Review (NNSR) regulation. The 2002 Federal NSR Rule modified both the NNSR and Prevention of Significant Deterioration (PSD) regulations at 40 CFR 51.165 and 52.21, respectively, and requires states with SIP approved NSR programs to revise their regulations in accordance with the 2002 Federal NSR Rule and submit the revisions to EPA for approval into the SIP. The Department's existing NNSR program at Part 231 is subject to this requirement. Another purpose of the rulemaking is to adopt a State PSD program for proposed new major facilities and major modifications to existing facilities located in attainment areas. The proposed Part 231 rule incorporates some provisions from the Federal NSR regulations with additional provisions to ensure enforceability of the rule and effective monitoring, recordkeeping and reporting.

The revised rules will be submitted for incorporation into the SIP.

Hearing Locations

The hearings will be held at the following locations and times:
Date: Tuesday, November 13, 2007
Time: 2:00 P.M.
Location: NYSDEC Region 8, Conference Room, 6274 E. Avon-Lima Rd., Avon, NY 14413

Date: Thursday, November 15, 2007
Time: 2:00 P.M.
Location: NYSDEC, Public Assembly Room 129, 625 Broadway, Albany, NY 12233

Date: Friday, November 16, 2007
Time: 2:00 P.M.
Location: NYSDEC Annex, Region 2, 11-15 47th Avenue, Hearing Room 106, Long Island City, NY 11101

The legislative public hearings are scheduled in places that are reasonably accessible to persons with impaired mobility. At the hearings, the Department will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by October 29, 2007, to Laura Stevens, NYSDEC, 625 Broadway, Albany NY 12233-3250, 518 402-8451 air.regs@dec.ny.gov.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration stating that the proposed actions will not have a significant effect on the environment.

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearing. At the hearing, persons who wish to make a statement will be invited to speak. There will be one hearing record for the entire proceeding which will include any comments received on any of the proposed actions addressed in this Notice. Persons wishing to speak on a particular topic will be invited to speak in the order deemed most appropriate by the Administrative Law Judge, not necessarily in the order of the regulations listed above. The Department may take different actions on each of the items listed above based upon comments. It is requested that oral statements also be submitted in writing. The Department will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend the hearings on all days.

For information concerning revisions to Parts 200, 201 and 231 and the SIP may be obtained from Robert Stanton, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: 518 402-8403; email, 231NSR@gw.dec.state.ny.us Written statements may be submitted until 5p.m., Monday, November 26, 2007.

The proposed rule and SIP revisions and associated supporting information may be obtained from any of the following Department offices:

REGION 1, Building #40, State University of New York, Stony Brook, NY 11790, Attention: Ajay Shah
REGION 2, Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Samuel Lieblich
REGION 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb
REGION 4, 1150 North Westcott Rd., Schenectady, NY 12306, Attention: Donald Spencer
REGION 5, Hudson Street Extension, Box 220, Warrensburg, NY 12885, Attention: James Coutant
REGION 6, Watertown State Office Bldg., 317 Washington St., Watertown, NY 13601, Attention: Thomas Morgan
REGION 7, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker
REGION 8, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott
REGION 9, 270 Michigan Ave., Buffalo, NY 14202, Attention: Larry Sitzman


Notice of Availability of Final Program Policy for Five-Year Inspection of Plastic Tanks

Notice is hereby given that the New York State Department of Environmental Conservation (Department) has prepared a program policy providing guidance on the five-year inspection of homogenous plastic tank systems used as aboveground storage tanks in the Chemical Bulk Storage (CBS) program.

Homogeneous plastic tanks are tanks that are molded in one-piece seamless construction using a single plastic material. This excludes tanks constructed of fiberglass. 6 NYCRR subdivision 598.7(d) of the CBS regulation requires (amongst other things) that all aboveground tanks be inspected in accordance with a consensus code or practice. This guidance is intended to assist operators in complying with the requirements of 6 NYCRR subdivision 598.7(d). In addition, this guidance will ensure that compliance reviews of five-year inspections by Regional CBS inspectors are conducted uniformly in each of the Department's nine regions.

The draft policy was published in the April 4, 2007 issue of the Environmental Notice Bulletin, which announced a 30-day comment period pertaining to the proposed policy and the availability of the full text document for review. The Department received comments during this public comment period and prepared a responsiveness summary.

Pursuant to ECL §3-0301(2)(z), this program policy will become effective thirty (30) days from the date of this publication.

The final Policy is available on the Department's website at: http://www.dec.ny.gov/regulations/2393.html In addition, it can be obtained from Mr. Akwaowo Ebong, Bureau of Technical Support, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020, Phone: (518) 402-9553.


Pursuant to the Environmental Conservation Law Sections 11-0303 11-1101 and 11-1103, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption for 6 NYCRR 6.3, Setting of Body Gripping Traps on Land. This notice will be published in issue 40 of the State Register, dated 10/03/2007.

For further information contact:

Gordon R. Batcheller
Certified Wildlife Biologist
N.Y.S. Department of Environmental Conservation
Division of Fish, Wildlife & Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8885
FAX: (518) 402-8925
E-mail: grbatche@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law Sections 11-0303 11-0305 and 11-1301 and 11-1303, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption for Section 10.2 of 6 NYCRR for special fishing regulations for the Salmon River. This notice will be published in issue 40 of the State Register, dated 10/03/2007.

For further information contact:

Shaun Keeler
NYS Department of Environmental Conservation
625 Broadway
Albany, NY 12233
Phone: (518) 402-8928
E-mail: sxkeeler@gw.dec.state.ny.us


Data Solicitation for 2008 CWA Section 303(d) List


Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2008.

To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. The purpose of this notice is to announce the schedule for updating the New York State CWA Section 303(d) List and solicit data and information that may be useful in compiling the list.

The water quality assessment of New York State's waters is a continuous process. Every year waters in 2 or 3 of the 17 drainage basins in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every 5 years. The assessment of these waters is a public process which includes the participation of a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.). NYSDEC is able to effectively manage the reassessment process by focusing the effort on specific drainage basins over a five-year period. Concentrating on a few basins each year allows NYSDEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data. In order to maintain an effective and comprehensive review of solicited data and information, it is necessary to establish a cut-off date for the receipt of water quality data and information.

In order to be included for full consideration in the compiling of the 2008 CWA Section 303(d) List, data and information must be received by September 30, 2007. It is not the intent of this cut-off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to USEPA by April 1, 2008.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2008 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List Assessment Worksheet. This worksheet allows for the capture of water quality information based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. The worksheet and instructions for completing it can found on the NYSDEC website at http://www.dec.ny.gov/docs/water_pdf/pwlwrksht.pdf (PDF) (214 KB). Worksheet information can also be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179. Completed WI/PWL worksheets and supporting water quality monitoring data should sent to the address above, or forwarded via email to 4pwlinfo@gw.dec.state.ny.us. Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Additional information regarding the NYSDEC Water Quality Assessment Program including the Waterbody Inventory/Priority Waterbodies List can be found on the NYSDEC website at: http://www.dec.ny.gov/chemical/23852.html.


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control

Final FFY 2008 Intended Use Plan (IUP)

The New York State Environmental Facilities Corporation (EFC) and the Department of Environmental Conservation (DEC) have prepared the final Federal Fiscal Year (FFY) 2008 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF). The IUP includes a list of projects that could receive low interest financing between October 1, 2007 and September 30, 2008.

Copies of the final 2008 CWSRF IUP are available upon request from EFC or can be obtained at EFC's website at www.nysefc.org (Click on Clean Water State Revolving Fund). Copies are also available at New York State Documents Depository Libraries.

For a copy of the final FFY 2008 CWSRF IUP, assistance with the IUP listing process, or for information on the CWSRF program, please contact:

Mr. David Morseman
SRF Program Services Coordinator
Division of Engineering and Program Management
New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 or (518) 402-7433
FAX: (518) 402-7456

Information on the Clean Water SRF and other EFC programs can be obtained on the Internet at www.nysefc.org.


Notice of Acceptance of Final SEIS

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Final Supplemental Environmental Impact Statement on the proposed Use of the Registered Aquatic Herbicide Renovate (triclopyr) for the Control of Aquatic Vegetation in New York State. The action involves the use of registered herbicides containing the active ingredient triclopyr, trademark Renovate, to control the growth of aquatic vegetation in waters of New York State under the Aquatic Pesticide Permit Program. The Bureau of Pesticides Management is responsible for the administration of the Aquatic Pesticide Permit Program in New York, under the authority granted by Article 15-0313(4) of the Environmental Conservation Law (ECL) and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 327, 328 and 329. A Generic Environmental Impact Statement (GEIS) was prepared by the Department in 1981 to address environmental impacts of using pesticides that were registered for use at that time. A supplement to the GEIS has been accepted as final that addresses the potential environmental impacts from the use of registered herbicides containing the active ingredient triclopyr, trademark Renovate, to control aquatic vegetation in New York State. The SEIS may be viewed at the following website: http://www.sepro.com/default.php?page=NYSEIS. The project is located statewide in New York State.

Contact: Martin C. Williams, NYS DEC, Bureau of Pesticides Management, 625 Broadway, Albany, NY 12233-7254, Phone: (518) 402-8781, E-mail: mxwillia@gw.dec.state.ny.us.


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