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ENB - Statewide Notices 7/30/2008

Public Notice

Environmental Board Meeting

The New York State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., August 11, 2008 in Room 129 at the Department's main offices at 625 Broadway, Albany, New York.

The Board will consider the following rulemaking action of the Department of Environmental Conservation:

• 6 NYCRR Part 242 New York CO2 Budget Trading Program

This meeting is open to the public.

Ruth L. Earl
Executive Secretary
State Environmental Board


Notice of Availability of Final Program Policy regarding Assistance for Contaminated Water Supplies (DER-24)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a final program policy, which establishes guidance for providing alternate water supplies (AWS) when individual water supplies are contaminated by releases of petroleum or hazardous waste (including hazardous substances). This guidance is applicable to the Spill Response Program, the Inactive Hazardous Waste Disposal Site Remedial Program (as known as the State Superfund Program), the Environmental Restoration Program, the Brownfield Cleanup Program, and the Voluntary Cleanup Program.

The quality of public water supplies is regulated by the federal Safe Drinking Water Act and the New York State Sanitary Code. The Division of Environmental Remediation (DER) is responsible for responding to releases of contamination into the environment which could impact the quality of public and private drinking water supplies. When water supplies become contaminated, DER may direct or take emergency or non-emergency actions to provide temporary or permanent AWS.

The purpose of this guidance is to describe how and when to implement the various AWS options. This program policy replaces Technical and Administrative Guidance Memorandum (TAGM) 4027 and Section 1.6 of the Spill Guidance Manual. This noticed guidance updates existing guidance to make it applicable to all remedial programs and to standardize requirements for documentation. No significant changes were made to our present procedures.

The draft policy was published in the December 5, 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 NYS DEC did not receive any comments during this public comment period and a responsiveness summary was not prepared.

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

The final Policy is available on NYS DEC's website at: http://www.dec.ny.gov/regulations/2393.html. In addition, it can be obtained from Mr. Kevin Carpenter, Bureau of Technical Support, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020.


Pursuant to the Environmental Conservation Law sections 13-0105, 13-0340-b and 13-0340-e the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 40.1 pertaining to summer flounder (fluke) and scup (porgy). This notice will be published in issue 31 of the State Register, dated July 30, 2008.

For further information please contact:

Stephen W. Heins
NYS DEC - Marine Resources Headquarters
205 N. Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us


New York State Department of Environmental Conservation, Division of Operations Announces Public Review Period for Draft Annual Report Five for General Permit GP-02-02.

This notice announces the availability of the Draft Annual Report prepared by the New York State Department of Environmental Conservation (NYS DEC), Division of Operations, pursuant to the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-02-02. The Draft Annual Report documents activities related to the NYS DEC Division of Operations Stormwater Management Program during the Reporting Period for Year Five, March 10, 2007 to March 9, 2008. The NYS DEC Division of Operations is making this document available for public comment for a period of 30 days, ending September 1, 2008. Interested parties may provide their comments to the NYS DEC by e-mail or mail to be considered in finalizing the documents. Note: this notice is to correct the notice published on 7/16/2008 to provide the correct contact phone number and to extend the public comment period to September 1, 2008.

Background: SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-02-02, requires that agencies or municipalities identified as Regulated Small MS4s must develop a Stormwater Management Program to address six Minimum Control Measures. This public notice serves to comply with the NYS DEC "Public Involvement/Participation" Minimum Control Measure.

Information: The Draft Annual Report is available online during the comment period at: http://www.dec.ny.gov/about/783.html (See Important Links, MS4 2008 Draft Annual Report)

Hardcopies of the Draft Annual Report are available for review at the Albany Central Office:

New York State Department of Environmental Conservation, Division of Operations
Bureau of Maintenance and Technical Services, 3rd Floor
625 Broadway, Albany, New York 12233-5254
Contact: Richard Shearer
Phone: (518) 402-9118

E-mail comments to: rdsheare@gw.dec.state.ny.us

Mail comments to: Roland Ozols, New York State Department of Environmental Conservation, Division of Operations, Bureau of Maintenance and Technical Services, 3rd Floor, 625 Broadway, Albany, New York 12233-5254.


New York State Department of Environmental Conservation Regions 3, 4, 5 and 6

Counties: All Forest Preserve Counties

Lead Agency: New York State Department of Environmental Conservation (NYS DEC)

Project Title: Change In Location For Forest Preserve TRP Applications

Contact Person: Peter J. Frank, Bureau Chief, Bureau of Forest Preserve Management

Address: NYS DEC
625 Broadway
Albany, NY 12233-4254

Phone: (518) 473-9518
Fax: (518) 402-9028

Project Location: All Forest Preserve lands

Project Description: Requests for public comments regarding TRP applications currently under review by DEC will be migrated from the ENB to the Department's website at: http://www.dec.ny.gov/lands/34466.html.

This change will take effect July 30, 2008.



Single-Source State Implementation Plan Revisions for Reasonably Available Control Technology (RACT) for Volatile Organic Compounds and Nitrogen Oxides

Notice is hereby given that the New York State Department of Environmental Conservation (Department) plans to submit single-source State Implementation Plan (SIP) revisions for Reasonably Available Control Technology (RACT) for 34 facilities to the United States Environmental Protection Agency (EPA) for approval.

Title 6 of the New York Code of Rules and Regulations (NYCRR) contains a number of regulations that define RACT for certain categories of stationary sources. These regulations seek emissions reductions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) in an effort to help attain the 8-hour ozone National Ambient Air Quality Standard (NAAQS).

A facility required to implement RACT must evaluate control strategies based on their economic and technical feasibility. Depending upon the relevant RACT regulation, a source must either meet a presumptive RACT limit, or be held to a case-by-case determination. A presumptive limit is often set as an emission limit and is based on capabilities which are general to a source category. The Department must approve a variance in the event that reaching this presumptive limit is technically or economically infeasible. For a case-by-case determination, a RACT compliance standard is established for each individual source, based on the control options that are "reasonably available" for that source. The table below lists the facilities for which a variance or case-by-case determination is being sent to EPA for approval as a SIP revision.

Facility Pollutant
Region
Entenmann's Bakery VOC 1
Gershow Recycling NOx 1
Art Restoration by Demetrius VOC 2
Interstate Brands Corp. VOC 2
Cogen Corporation NOx 2
Ametek Rotron Technical Motors Division VOC 3
Northeast Solite Corp. NOx 3
Norbord Industries NOx + VOC 4
Owens-Corning NOx + VOC 4
Tennessee Gas Pipeline Co.
Station 254
NOx 4
Von Roll USA, Inc. VOC 4
A. Schonbek & Company VOC 5
C.R. Bard, Inc. VOC 5
Commonwealth Plywood VOC 5
Finch Pruyn & Co. NOx 5
International Paper NOx 5
Lehigh Northeast Cement Co. NOx 5
ALCOA NOx + VOC 6
GM Powertrain VOC 6
Knowlton Specialty Papers VOC 6
Tennessee Gas Pipeline Co.
Station 245
NOx 6
Utica Metal Products VOC 6
Dominion Transmission
Borger Station
NOx 7
Cornell University NOx 7
American Packaging Corp. VOC 8
Dominion Transmission
Woodhull Station
NOx 8
Kodak Park NOx + VOC 8
US Gypsum Co. NOx 8
Alstom Power - Air Preheater Co. VOC 9
E.I. Dupont Yerkes VOC 9
MRC Bearings VOC 9
Prestolite Electric, Inc. VOC 9
Tennessee Gas Pipeline Co.
Station 229
NOx 9
Valeo Engine Cooling VOC 9

The Department is providing a 30 day period to comment on the proposed submittal or request a hearing. Written comments should be submitted by September 2, 2008 to Mr. Scott L. Griffin, New York State Department of Environmental Conservation, 625 Broadway - 2nd Floor, Albany, New York, 12233-3251 or by e-mail to airsips@gw.dec.state.ny.us. Mr. Griffin can be reached at (518) 402-8396 with any questions regarding these SIP revisions.


Pursuant to Environmental Conservation Law, Article 33, the Department of Environmental Conservation hereby gives notice of the following:

An Emergency Adoption was filed with Department of State and became effective on July 24, 2008 to amend 6 NYCRR subdivision 328.6(c) to allow the use of a higher dosage level of rotenone by State and federal agencies to eradicate invasive species, specifically, the northern snakehead which has been identified in Orange County.

This emergency rule will be effective for 90 days.

For further information, contact:

Anthony Lamanno
Division of Solid & Hazardous Materials
Bureau of Pesticides Management
625 Broadway, Albany, NY 12233-7254
Phone: (518) 402-8781
E-mail: aclamann@gw.dec.state.ny.us


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