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ENB - Statewide Notices 9/24/2008

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0903, and 11-0907 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Section 1.31 relating to hunting black bears. This notice will be published in issue 39 of the State Register, dated September 24, 2008.

For further information please contact:

Gordon R. Batcheller
NYS DEC
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8885
E-mail: grbatche@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections 11-0303, 11-0307, 11-0903, 11-0905, 11-0909, and 11-0917, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making to Amend 6 NYCRR Section 2.30 to adopt regulations to establish migratory game bird hunting regulations for the 2008-2009 season. This notice will be published in issue 39 of the State Register, dated September 24, 2008.

For further information please contact:

Bryan L. Swift
NYS DEC
Game Bird Unit
625 Broadway
Albany, New York 122233-4754
Phone: (518) 402-8866
E-mail: blswift@gw.dec.state.ny.us



Pursuant to the Environmental Conservation Law sections 3-0301, 13-0105, 13-0329(5)(e) and 13-0329(16) the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 44 pertaining to lobsters and crabs. This notice will be published in issue 39 of the State Register, dated September 24, 2008.

For further information please contact:

Kim McKown
NYS DEC - Marine Resources Headquarters
205 N. Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0444
E-mail: kamckown@gw.dec.state.ny.us



Notice of Availability of State Assistance Funds

Applications will be accepted through October 31, 2008 for Terrestrial Invasive Species Eradication Grants from State Agencies, municipalities and not-for-profit corporations. Acceptable projects are proposals to kill and/or permanently remove plants or animals that meet the definition of terrestrial invasive species from sites in New York State. Projects that kill or remove only a portion of the total population of a target species are eligible for consideration even though removal of only a portion of the target species population is something less than eradication. Projects that do not result in the death or removal of a target species as the main objective would not be eligible for funding assistance. Likewise, projects that are perceived as routine maintenance (e.g., knockdown or mowing of aquatic plants without attempting to eliminate them) are not likely to receive funding assistance. Successful grant applicants must match State assistance grant funding on a 1:1 basis (one state dollar for every applicant dollar); i.e., New York State may reimburse up to 50% of the approved project's total cost. A total appropriation of $1,000,000 has been made available to the Department in State Fiscal Year (SFY) 2008 for aquatic and terrestrial invasive species eradication grants. No individual aquatic grant will be awarded for less than the minimum amount of $2,500 or exceed the maximum amount of $100,000. Other information on the program, including PDF versions of the "Information for Applicants" document, can be obtained from the New York State Department of Environmental Conservation (NYS DEC) website at: http://www.dec.ny.gov/

For an application, contact:

Doug Schmid
NYS DEC
Division of Lands and Forests
625 Broadway
Albany, New York 12233-4253
Phone: (518) 402-9425
E-mail: daschmid@gw.dec.state.ny.us


Notice of Revised Rulemaking and Public Comment Period
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 (Department or NYS DEC) hereby gives notice that it is proposing to amend existing 6 New York Code of Rules and Regulations (NYCRR) Parts 200 (General Provisions), 201 (Permits and Registrations), and 231 (New Source Review In Nonattainment Areas and Ozone Transport Regions) and include these revisions in the State Implementation Plan (SIP). The Department on September 26, 2007 proposed amendments, described below, to Parts 200, 201, and 231. This rulemaking proposal addresses public comments received on the September 26, 2007 rulemaking proposal, Department initiated revisions to the proposal, and EPA's final "reasonable possibility" rule for insignificant modifications promulgated on December 21, 2007.

The amendments to Part 200 add a definition for Routine Maintenance Repair and Replacement, amend the definition of potential-to-emit, and remove the reference to delegation of the federal Prevention of Significant Deterioration (PSD) requirements to reflect that the Department is no longer delegated responsibility for implementation of the federal PSD program. The amendment to Part 201 modifies the definition for Major Stationary Source. The Department is undertaking amendments to existing Part 231 to comply with the 2002 Federal New Source Review (NSR) Rule and amendments thereto, and correct deficiencies that EPA identified in regards to New York's existing Nonattainment New Source Review (NNSR) program. The 2002 Federal NSR Rule modified both the NNSR and PSD regulations at 40 CFR 51.165 and 52.21, respectively, and requires states with State Implementation Plan (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 proposed 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 provisions from the federal PSD regulations in significant part with additional provisions to ensure enforceability of the rule and effective monitoring, recordkeeping and reporting.

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 submit comments in writing.

Information concerning revisions to Parts 200, 201 and 231 and the SIP may be obtained from Robert Stanton, NYS DEC-Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: 231NSR@gw.dec.state.ny.us

Written comments may be submitted until 5:00 p.m., Thursday, October 24, 2008.

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

Region 1 Office, Building #40, State University of New York, Stony Brook, NY 11790, Attention: Ajay Shah

Region 2 Office, Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Samuel Lieblich

Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb

Region 4 Office, 1150 North Westcott Road., Schenectady, NY 12306, Attention: Donald Spencer

Region 5 Office, Hudson Street Extension, Box 220, Warrensburg, NY 12885, Attention: James Coutant

Region 6 Office, Watertown State Office Building., 317 Washington Street, Watertown, NY 13601, Attention: Thomas Morgan

Region 7 Office, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker

Region 8 Office, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott

Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14202, Attention: Larry Sitzman



Notice of Adoption
New York State Department of Environmental Conservation
6 NYCRR Part 242, CO2 Budget Trading Program
6 NYCRR Part 200, General Provisions and
Availability of State Environmental Quality Review (SEQR) Findings Statement

Pursuant to Environmental Conservation Law, Sections 1-0101, 1-0303, 3-0301, 11-0303, 11-0305, 11-0535, 13-0105, 15-0109, 15-1903, 16-0111, 17-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 24-0103, 25-0102, 34-0108, 49-0309, 71-2103 and 71-2105. Energy Law, sections 3-101, 3-103, Public Authorities Law, sections 1850, 1851, 1854 and 1855, the New York State Department of Environmental Conservation (NYS DEC) and the New York State Energy Research and Development Authority (NYSERDA) hereby give notice of the following:

Notice of Adoption of Rule on September 8, 2008, to be effective October 9, 2008, amendments to 6 NYCRR Part 200, General Provisions, and 6 NYCRR Part 242, CO2 Budget Trading Program. The SEQR Findings Statement is available through the contact below or at: http://www.dec.ny.gov/regulations/46898.html.

The adoption of this rule is intended to reduce CO2 emissions from fossil fuel-fired electric generating sources statewide through a market based cap-and-trade program.

For further information, contact:

Michael P. Sheehan, P.E.
NYS DEC-Division of Air Resources
625 Broadway Albany NY 12233-3251
Phone: (518) 402-8396
E-mail: mpsheeha@gw.dec.state.ny.us



Notice of Public Comment Extended for Draft Program Policy regarding Citizen Participation Handbook for Remedial Programs

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a draft program policy to provide guidance to the NYS DEC Division of Environmental Remediation (DER) staff and the public on how to fulfill citizen participation (CP) requirements according to 6 NYCRR Part 375, Environmental Remediation Programs. This initial notification was published in the Environmental Notice Bulletin (ENB) on August 20, 2008 with a 60-day public comment period. For details, refer to this Notice at: http://www.dec.ny.gov/enb/20080820_not0.html

This public comment period has been extended, and written comments regarding this draft policy will be accepted until November 19, 2008. Comments should be submitted to Larry Ennist, Policy and Planning Section, Bureau of Program Management, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7012 or e-mailed to: derweb@gw.dec.state.ny.us

The Draft Policy is available by writing Larry Ennist at the address above or calling (518) 402-9764. A copy may also be found on the DEC's website at http://www.dec.ny.gov/regulations/2393.html


The Health Research Science Board is soliciting written comments about the Pesticide Reporting Law from stakeholders, including researchers, governmental agencies, advocacy groups, professional and trade organizations, business groups, etc.

The comments will be considered by the Board as it prepares its 2007-2008 biennial report. The report is mandated by Public Health Law 2413, which states: "...such report shall include an evaluation by the Commissioner, the Commissioner of the Department of Environmental Conservation and the Health Research Science Board of the basis, efficiency and scientific utility of the information derived from pesticide reporting pursuant to Sections 33-1205 and 33-1207 of the Environmental Conservation Law and recommend whether such system should be modified or continued."

Significant modifications and additions were made to Pesticide Sales and Use Reporting web site: http://pmep.cce.cornell.edu/psur/. A new search function has been added that enhances the utility of the data. Previously, the data were available only by pesticide product, which contains active ingredients and other ingredients. The database can now be searched for active ingredients, as well as pesticide products, by county, ZIP code, or the entire state. In addition, new documents related to the pesticide product searches have been posted to assist users of the data; the documents include Frequently Asked Questions, a data dictionary, and a glossary.

Comments can be made by completing a survey form that has been posted at the Pesticide Sales and Use Reporting web site: http://pmep.cce.cornell.edu/psur/, by selecting the survey on the left side-bar.

Questions or comments on pesticide reporting can also be directed to the New York State Health Department by mail, e-mail, or fax.

Contact: Carole Ju, NYS DOH, Pesticide Sales and Use Database, Flanigan Square, Room 200, 547 River Street, Troy, NY 12180-2216, E-mail: beoe@health.state.ny.us, Fax: (518) 402-7959

For more information, call the New York State Health Department toll-free at 1-800-458-1158.


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