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ENB - Statewide Notices

Public Notice


Notice of Adoption
New York State Department of Environmental Conservation
6 NYCRR Part 200, General Provisions

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:

NOTICE OF ADOPTION OF RULE on September 18, 2007, to be effective October 19, 2007, amendments to 6 NYCRR Part 200, General Provisions.

The adoption of this rule is to incorporate the new federal the new federal PM2.5 nonattainment designations and geographic boundaries (70 FR 943-1019), and to clarify that the annual PM10 NAAQS was revoked by EPA on December 17, 2006.

For further information, contact:

Robert Bielawa, P.E.
NYSDEC, Division of Air Resources
625 Broadway
Albany, NY 12233-3251
Phone: (518) 402-8396
E-mail: airsips@gw.dec.state.ny.us


Notice of Adoption
New York State Department of Environmental Conservation
6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program
6 NYCRR Part 244, CAIR NOx Annual Trading Program
6 NYCRR Part 245, CAIR SO2 Trading Program
6 NYCRR Part 200, General Provisions


Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311 and consistent with the Department's obligations under Energy Law 3-101 and Energy Law 3-103, the New York State Department of Environmental Conservation (NYSDEC) gives notice of the following:

NOTICE OF ADOPTION OF RULE on September 17, 2007, to be effective October 19, 2007, amendments to 6 NYCRR Part 200, General Provisions; 6 NYCRR Part 243 CAIR NOx Ozone Season Trading Program; 6 NYCRR Part 244 CAIR NOx Annual Trading Program; and 6 NYCRR Part 245 CAIR SO2 Trading Program.

The adoption of these rules is intended to establish New York State's portion of a regional program to reduce NOx and SO2 from fossil fuel-fired electric generating sources through market based cap-and-trade programs.

For further information, contact:

Michael F. Miliani, P.E.
NYSDEC, Division of Air Resources
625 Broadway, Albany, NY 12233-3251
Phone: (518) 402-8396
E-mail: cair@gw.dec.state.ny.us



Notice of Adoption
New York State Department of Environmental Conservation
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 19-0319 and 70-0109, the New York State Department of Environmental Conservation hereby gives notice of the following:

NOTICE OF ADOPTION OF RULE on September 18, 2007, to be effective October 20, 2007, amendments to 6 NYCRR Part 200, General Provisions.

The adoption of this rule is intended to update the lists of existing National Emission Standards for Hazardous Air Pollutant (NESHAP) references in Part 200.9 and 200.10 to a more recent written version of the NESHAPs that are contained in the Code of Federal Regulations and the Federal Register. Second, the rulemaking will specifically adopt by reference in both Part 200.9 and 200.10, amendments to federal Emission Guidelines for Existing Large Municipal Waste Combustors (MWCs); and newly promulgated Emission Guidelines for Existing Other Solid Waste Incineration Units. .

For further information, contact:

Edward Pellegrini
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3254
Phone: (518) 402-8403
E-mail: eapelleg@gw.dec.state.ny.us


Proposed Designation of Natural Heritage Area

The New York State Department of Environmental Conservation (DEC) and Office of Parks and Historic Preservation (OPRHP) are proposing to designate the Eastern Lake Ontario Barrier Beaches and Wetland Complex, which includes the Black Pond Wildlife Management Area (WMA), Lakeview Marsh WMA, Deer Creek WMA, Sandy Pond Beach Natural Area, and Southwick Beach State Park located in the Towns of Ellisburg in Jefferson County, and Sandy Creek and Richland in Oswego County, as a Natural Heritage Area (NHA) pursuant to Article 11 of the Environmental Conservation Law (ECL § 11-0539.7). The NHA Program recognizes rare animals, rare plants and significant natural communities, and provides greater assurance that management activities on designated state lands protect the unique resources for which the area was designated. Designation of the NHA includes recognition of compatible uses that may continue, consistent with the conservation of the Natural Heritage resources present.

This designation is the first to be made jointly by the DEC and OPRHP for DEC and OPRHP-owned and managed lands.

Eastern Lake Ontario Barrier Beach and Wetland Complex is being designated as a NHA for the following reasons: Surveys and inventories have indicated that there are 11 endangered and 10 threatened plant species, four endangered and four threatened animals and eight significant ecological communities.

For additional information about this designation please visit Eastern Lake Ontario Barrier Beach and Wetland Area: Proposed Natural Heritage Area Designation.

The DEC will accept comments on the proposed Eastern Lake Ontario Barrier Beach and Wetland Complex NHA until October 25, 2007.

Comments should be addressed to: Angelena M. Ross, NYS Department of Environmental Conservation, 317 Washington St., Watertown NY 13601, E-mail: amross@gw.dec.state.ny.us.


STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
GENERAL PERMITS FOR STORMWATER DISCHARGES
from
CONSTRUCTION ACTIVITY
Permit No. GP-0-08-001
and
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
Permit No. GP-0-08-002

The New York State Department of Environmental Conservation (NYSDEC) is making two draft general permits stormwater discharges available for public review; the draft renewal of the SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES from CONSTRUCTION ACTIVITIES, GP-0-08-001 and the draft renewal of the SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES from MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s), GP-0-08-002.

These general permits will authorize new and existing discharges of stormwater from construction activities and MS4s required to have permits in accordance with Environmental Conservation Law.

Existing permittees will be automatically permitted under these permits and applicants seeking new authorizations to discharge will be required to file a Notice of Intent to obtain such authorization.

The NYSDEC reserves the right to require any applicant seeking or maintaining coverage under GP-0-08-001 or GP-0-08-002 to apply for an individual SPDES permit.

This project is a Type II action under the State Environmental Quality Review Act.

Copies of the draft permits and fact sheets are available on DEC's website at: http://www.dec.ny.gov/chemical/8694.html (on the right hand side in the column navigator) or may be requested from the contact listed below.

Written comments on the draft general permit must be submitted to the contact listed below by close of business December 10, 2007.

Teresa Diehsner
NYSDEC, Division of Environmental Permits
625 Broadway - 4th Floor
Albany, NY 12233-1750
Phone: (518) 402 -8277
E-mail: txdiehsn@gw.dec.state.ny.us

Public meetings on these permits have been scheduled for
:

November 5 - 1:00 PM, Bethpage State Park, Carlysle on the Green, Farmingdale, Phone: (516) 501-9700.
Directions: http://www.carlyleatbethpage.com/

November 8 - 1:00 PM, Putnam County BLDG (Putnam County Training & Operations) Donald B. Smith Government Center (building in rear), Carmel.
Directions: http://www.putnamcountyny.com/maps/index.html

November 9 - 1:00 PM, Catskill Watershed Corporation Offices, Margaretville.
Directions: From Kingston take Route 28 to the Town of Middletown/Village of Margarteville. At flashing light, make right onto Bridge Street (NY-30) to the stop light Make a right onto Main Street. Proceed on NY-30/Main Street approximately 0.2 miles and CWC's offices are on the left.

November 13 - 2:00 PM, NYSDEC Headquarters, Room 129 A and B, Albany. Please remember to bring your driver's license for security entrance.
Directions: http://www.dec.ny.gov/about/244.html

November 14 - 1:00 PM, Town of Clay, Town Hall.
Directions: From the East and West, Take the Thruway (I-90) West to Exit 36 (I-81), Take I-81 North to Exit 30, Turn left (west) onto Route 31, Travel west on Route 31 about 5 miles. The Town Hall is on the right about one-half mile past Henry Clay Blvd. and before Morgan Road. Parking and building entrance are in the rear. From the South, Take Route I-81 North to Exit 30, Turn left (west) onto Route 31, Travel west on Route 31 about 5 miles and continue as above (from the east and west). From the North, Take Route I-81 South to Exit 30, Turn right (west) onto Route 31, Travel west on Route 31 about 5 miles and continue as above (from the east and west).

November 16 - 1:00 PM, Rochester, RIT Inn and Conference Center.
Directions: http://www.ritinn.com/locationdirections.html



Notice of DEC Program Policy

New York State Department of Environmental Conservation

DAR-1: Annual Guideline and Short-Term Guideline Concentrations (AGC/SGC) Tables

Pursuant to the Issue of New Guidance Documentation, the Department gives notice of the following changes regarding Appendix C of DAR-1.

6 NYCRR Part 212 (Part 212) requires all air contaminants to be assigned an Environmental Rating. The Policy Guidance Document DAR-1 assists the regional engineer to establish Environmental Ratings on compound specific air contaminants. Environmental Ratings are used within Part 212 to determine the degree of air cleaning required for the air contaminant.

The procedures for deriving an Environmental Rating , described in 212.9(a) Table 1, state that the "toxic and other properties and emission rate potential of the air contaminant" in conjunction with the "location of the source with respect to residences or other sensitive environmental receptors, including a consideration of the area's anticipated growth" and in conjunction with "emission dispersion characteristics at or near the source, taking into account the physical location of the source relative to surrounding building and terrain" and the "projected maximum cumulative impact of taking into account emissions from all sources in the facility under review and the pre-existing ambient concentration of the air contaminant under review" shall be used to determine an Environmental Rating.

To satisfy the requirements stated above, the Department established a listing of non-criteria air contaminants with acceptable ambient air concentrations to help the user of DAR-1 make an appropriate Environmental Rating determination. The acceptable air concentrations, in micrograms per cubic meter, are listed for annual emission rates called Annual Guideline Concentrations (AGC) and for hourly emission rates called Short-Term Guideline Concentrations (SGC). A listing of AGC/SGCs were incorporated into the 1991 Draft version of Air Guide-1 (DAR-1) under Appendix C and revised in 1995, 2000, and 2003. Today's action is to update the listing of AGC/SGCs with the latest toxicological information so as to establish acceptable air contaminant ambient concentrations. The current DAR-1 maintains the text of the finalized 1997 version and keeps the AGC/SGCs Tables as a separate document for easier accessability.

The following represents the major changes found in the year 2007 AGC/SGC Tables:

1.) Air contaminants with a moderate toxicity classification having only a de-minimus concentration value of 0.1 ug/m3 were dropped from the tables.

2.) Air contaminants with SGC and/or AGC values assigned under the American Conference of Governmental Industrial Hygiene Association (ACGIH) were updated using the 2007 Threshold Limit Values for Chemical Substances and Physical Agents.

3.) The SGC for the criteria air contaminant ozone, (CAS# 10028-15-6), has been dropped from the guideline value tables. Compliance with the federal and State ozone standard is not based upon the emission point analysis conducted under 6NYCRR Part 212. Ozone is generally considered an unstable secondary pollutant formed in the atmosphere by the photochemical reaction of nitrogen oxides and reactive hydrocarbons in the presence of high temperatures and ultraviolet light. As such, USEPA and NYSDEC do not have an appropriate model to calculate ozone impacts from a single source.

4.) As stated in previous AGC/SGC Table versions, many Federal and State ambient air quality standards are not based upon one-hour or annual averaging periods. For these standards, it is difficult to assess compliance using the DAR-1 screening procedures. As such, DAR-1 "equivalent" one-hour and annual standards have been derived using averaging time conversion factors. These "equivalent" standards act as screening surrogates for assessing compliance with those Federal and State standards not based upon one-hour or annual averaging periods. The cover memo to the Tables directs the reader to review DAR-10 when assessing compliance with all State and Federal Standards.

5.) As of December 2006, the US Environmental Protection Agency (EPA) dropped the federal annual PM-10 standard. Air contaminants currently based upon the "equivalent" annual particulate standard of 50 ug/m3 for PM-10 will now be based upon total suspended particulate health-based criteria, 45 ug/m3.


For further information, contact:

Steven DeSantis
Air Toxics Section
Bureau of Air Quality Analysis and Reserch
NYSDEC, Division of Air Resources
625 Broadway, Albany, NY 12233-3251
Phone: (518) 402-8402
E-mail: sxdesant@gw.dec.state.ny.us



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