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ENB - Statewide Notices 10/08/2008

Public Notice


Pursuant to the Environmental Conservation Law sections 1-0103(3)(b) and (d), 3-0301(1)(b) and (d), 3-0301(2)(m), 9-0105(1) and 9-1303 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The Notice of Emergency Adoption to add a new section 192.5 to Title 6 NYCRR to prohibit the importation of Untreated Firewood into New York State and restrict the transport of Untreated Firewood within New York State is effective on September 5, 2008. This emergency regulation can be found on the Department's website at: www.dec.ny.gov/regulations/2359.html. The need for the emergency regulation is heightened by the need to prevent the transport of potentially pest-infested firewood by campers during the camping season in New York State. During the course of the emergency regulation, the Department will propose in the State Register for permanent adoption of this regulation through the normal rulemaking process which will provide for public notice and comment.

For further information please contract:

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


Notice of Proposed Rulemaking

New York State Department of Environmental Conservation
6 NYCRR Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles
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, 19-0323, 71-2103, and 71-2105, the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) proposes to promulgate 6 NYCRR Part 248 and amend Part 200. These regulations will require the use of ultra low sulfur diesel (ULSD) fuel and best available retrofit technology (BART) on heavy duty diesel vehicles (HDDVs) owned by, operated by, on behalf of, or leased by state agencies and state and regional public authorities. The term "on behalf of" means to provide, by a contractor, labor, services, materials and/or equipment to a regulated entity which are integral to the performance of regulated entity work by a regulated entity. The required use of ULSD fuel in HDDVs will reduce diesel particulate matter (PM) from those vehicles; however, the use of ULSD combined with the use of BART on covered HDDVs will also significantly reduce emissions of diesel PM from those vehicles. Part 248 also requires that affected HDDVs have their engine control modules software updated (reflashed) to further reduce excess oxides of nitrogen (NOx) emissions during certain off-cycle operation.For further information, contact: Joseph J. Iannotti, P.E., NYS DEC-Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, Phone: (518) 402-8292, E-mail: 248DERA@gw.dec.state.ny.us.


Hearing Notice


Notice is hereby given that the New York State Department of Environmental Conservation (Department or NYS DEC) will hold legislative public hearings on the proposed 6 NYCRR Part 248 regulation and attendant amendments to the 6 NYCRR Part 200 regulation.

The statutory authority for this promulgation is the Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, and 71-2105.

The Department proposes to promulgate Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles and amend Part 200, General Provisions. These regulations will require the use of ultra low sulfur diesel (ULSD) fuel and best available retrofit technology (BART) on heavy duty diesel vehicles (HDDVs) owned by, operated by, on behalf of, or leased by state agencies and state and regional public authorities. The term "on behalf of" means to provide, by a contractor, labor, services, materials and/or equipment to a regulated entity which are integral to the performance of regulated entity work by a regulated entity. The required use of ULSD fuel in HDDVs will reduce diesel particulate matter (PM) from those vehicles; however, the use of ULSD combined with the use of BART on covered HDDVs will also significantly reduce emissions of diesel PM from those vehicles. Part 248 also requires that affected HDDVs have their engine control modules software updated (reflashed) to further reduce excess oxides of nitrogen (NOx) emissions during certain off-cycle operation.

The Department will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by November 10, 2008, to: Laura Stevens, NYS DEC, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8451; E-mail: airregs@gw.dec.state.ny.us. Hearings will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: Monday, November 24, 2008
Time: 1:00 p.m.
Location: NYS DEC Annex, Region 2, 11-15 47th Ave., Hearing Room 106, Long Island City, NY 11101

Date: Tuesday, November 25, 2008
Time: 1:00 p.m.
Location: NYS DEC Region 8 Office Conference Room, 6274 East Avon-Lima Road (Rts. 5 and 20), Avon, NY 14414

Date: Wednesday, November 26, 2008
Time: 9:00 a.m.
Location: NYS DEC, 625 Broadway, Public Assembly Room 129, Albany, NY 12233

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 negative effect on the environment.

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend a hearing. At the hearings, persons who wish to make a statement will be invited to speak. 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 each hearing.

Information concerning proposed Part 248 and amended Part 200 may be obtained from: Joseph Iannotti, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, Phone: (518) 402-8292, E-mail: 248DERA@gw.dec.state.ny.us. Written statements may be submitted to the Department at the above address, until 5:00 p.m., December 4, 2008.

The proposed Part 248 and amended Part 200 regulations and associated supporting information may be obtained from any of the following Department offices:

Region 1 Headquarters, NYS DEC-Region 1, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790, Attention: Ajay Shah

Region 2 Headquarters, 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Samuel Lieblich

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

Region 4 Headquarters, 1130 North Westcott Road, Schenectady, NY 12306, Attention: Donald Spencer

Region 5 Sub-Office, 232 Golf Course Road, P.O. Box 220, Warrensburg, NY 12885, Attention: James Coutant

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

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

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

Region 9 Headquarters, 270 Michigan Avenue, Buffalo, NY 14203, Attention: Larry Sitzman


Public Information Meetings


Tappan Zee Bridge / I-287 Environmental Review

Public meetings to present the recently announced recommendations of the Tappan Zee Bridge/I-287 Environmental Review Project Team will be held at the following times and locations:

Westchester County - Tuesday, October 28, 2008, at 4:30 p.m. and 7:00 p.m.
White Plains High School, 550 North Street, White Plains, NY

Rockland County - Wednesday, October 29, 2008, at 4:30 p.m. and 7:00 p.m.
Rockland Community College, 145 College Road, Suffern, NY

Orange County - Thursday, October 30, 2008, at 4:30 p.m. and 7:00 p.m.
Central Valley Elementary School, 45 Route 32, Central Valley, NY.

For more information:

www.tzbsite.com

George A. Paschalis
Public Involvement Specialist
Tappan Zee Bridge/I-287 Environmental Review
Howard/Stein-Hudson Associates, Inc.
Phone: (914) 358-0624
Fax: (914) 358-0621
E-mail: www.hshassoc.com


Notice of Availability for Review

Draft Scope for Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program

Well Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs

The New York State Department of Environmental Conservation (NYS DEC or Department) is responsible for regulating the development and production of oil and gas resources in New York State. Natural gas exploration and production companies, and mineral rights owners, are interested in developing a potentially significant gas resource in the Marcellus Shale through the use of horizontal drilling and a hydraulic fracturing technique known as "slick water fracturing." This technique requires large volumes of water. The Department has identified the action of well permit issuance when high-volume hydraulic fracturing is proposed as one which requires further review under the State Environmental Quality Review Act (SEQRA). The first step in that process is issuance of a Draft Scope for public review and comment. As detailed below, the Department is accepting written comments on the Draft Scope until December 15, 2008, and a series of meetings to accept verbal comments will be held in November and December. The meeting schedule will be announced in a Notice of Public Scoping as soon as the dates and locations have been finalized.

The Draft Scope may be downloaded and reviewed from the Department's website at: http://www.dec.ny.gov/energy/45912.html. Copies are also available at the locations listed below under "Document Availability."

Description of the Proposed Action: Wells drilled to evaluate and develop the Marcellus Shale for natural gas production will undergo a stimulation process known as hydraulic fracturing. The Department proposes to satisfy SEQRA for most of these operations through the preparation of a Supplemental Generic Environmental Impact Statement (SGEIS), which will be read and applied in conjunction with the existing Generic Environmental Impact Statement (GEIS) on the Oil, Gas and Solution Mining Regulatory Program.

Regulatory Jurisdiction: State Environmental Conservation Law provides that the Department's Oil, Gas and Solution Mining Law supersedes all local laws relating to the regulation of oil and gas development except for local government jurisdiction over local roads and the right to collect real property taxes. The Department regulates the drilling, operation and plugging of oil and natural gas wells to ensure that activities related to these wells are conducted in accordance with statutory mandates to protect the environment, public health and safety, and correlative rights. The Department is also required by law to prevent waste of the State's oil and gas resources and to provide for their greater ultimate recovery.

Project Location: The SGEIS and its Findings will be applicable to onshore oil and gas drilling statewide, as are the existing GEIS and Findings.

State Environmental Quality Review Act (SEQRA): Drilling and production of separate oil and gas wells have common impacts. The SEQRA regulations allow the use of generic environmental impact statements to assess the environmental impacts of such activities. The Department completed the GEIS on the Oil, Gas and Solution Mining Regulatory Program in 1992, and certified SEQRA Findings the same year which set forth the criteria for SEQRA compliance for the regulated activities. Preparation of a supplement to the GEIS is required to address some aspects of the anticipated application of horizontal drilling and high-volume hydraulic fracturing. Once a GEIS has been filed, no further SEQRA compliance is required for actions which conform to the criteria and thresholds established in the GEIS.

The primary goals of the scoping process are to focus the draft SGEIS on any potentially significant adverse impacts of the proposed action and to eliminate consideration of any impacts that are irrelevant or non-significant. The Draft Scope presently available for review describes the topics related to well permit issuance for high-volume hydraulic fracturing that the Department has identified for review in the SGEIS. After consideration of written and verbal comments from interested parties, the Department will release a Final Scope. A copy of the Final Scope will be posted on the Department's website, provided to document repositories, and provided to all parties who submit written comments.

The Final Scope will serve as the outline and table of contents for the Draft SGEIS, which will also be made available for additional public review and comment. The final SGEIS, to be prepared after consideration of comments received on the draft, will set parameters for SEQRA review in addition to those established by the GEIS and its Findings. The Department will then issue well permits for gas well development using high-volume hydraulic fracturing in accordance with both the GEIS and the SGEIS.

Comments: Written comments will be accepted by mail or email until the close of business on December 15, 2008. Mail comments to: Scope Comments, Bureau of Oil & Gas Regulation, NYS DEC Division of Mineral Resources, 625 Broadway, Third Floor, Albany, NY 12233-6500. Email comments to: dmnog@gw.dec.state.ny.us with "Scope Comments" in the subject line. Include your name and return mail or email address to ensure receipt of a copy of the Final Scope when it is available.

Verbal comments will be accepted at public scoping sessions to be held during November and December, 2008, at six venues in the Southern Tier and Catskills. The schedule will be announced on the Department's website at: http://www.dec.ny.gov/energy/45912.html and in a Notice of Public Scoping to be published in the Environmental Notice Bulletin.

To avoid duplication, and to ensure that the SGEIS serves to complement the GEIS, interested persons are urged to carefully review the GEIS, which may be found online at: http://www.dec.ny.gov/energy/45912.html, in connection with the preparation of any comments.

Document Availability: In addition to the Department's website at: http://www.dec.ny.gov/energy/45912.html, copies of the draft scope, the 1992 Findings Statement, and a Glossary of Technical Terms are available for review at the following locations:

NYS DEC Headquarters
Bureau of Oil & Gas Regulation
Division of Mineral Resources
625 Broadway
Albany, NY 12233-6500
Contact: Kathy Sanford or Carrie Friello
Phone: (518) 402-8056

Locations in NYS DEC Region 3

NYS DEC Region 3 Headquarters
21 South Putt Corners Road
New Paltz, NY 12561-1696
Contact: Halina Duda
Phone: (845) 256-3000

NYS DEC Region 3 - White Plains Sub-Office
100 Hillside Avenue, Suite 1W
White Plains, NY 10603-2860
Contact: Beth Zicca
Phone: (914) 428-2505

Goshen Public Library
203 Main Street
Goshen, NY 10924

Port Jervis Public Library
138 Pike Street
Port Jervis, NY 12771

Kingston Library
55 Franklin Street
Kingston, NY 12401

Ellenville Public Library
40 Center Street
Ellenville, NY 12428-1396

Crawford Public Library
393 Broadway
Monticello, NY 12701

Town of Delaware Free Library
Lower Main Street
Callicoon, NY 12723

Locations in NYS DEC Region 4

NYS DEC Region 4 - Stamford Sub-office
65561 State Highway 10, Suite 1
Stamford, NY 12167
Contact: Kent Sanders
Phone: (607) 652-3722

Huntington Memorial Library
Attn: Marie Bruni
62 Chestnut St.
Oneonta, NY 13820

William B. Ogden Free Library
42 Gardner Place
Walton, NY 13856

Windham Public Library
Attn: Candice Begley
PO Box 158
Windham, NY 12496

Locations in NYS DEC Region 7

NYS DEC Region 7 Headquarters
615 Erie Boulevard West
Syracuse, NY 13204-2400
Contact: Diane Carlton
Phone: (315) 426-7403

NYS DEC Region 7 - Cortland Sub-Office
1285 Fisher Avenue
Cortland, NY 13045-1090
Contact: Jerry Rasmussen
Phone: (607) 753-3095, ext. 298

NYS DEC Region 7 - Rogers Education Center
2721 State Hwy 80
Sherburne, NY 13460-0594
Contact: Marsha Guzewich
Phone: (607) 674-4017

NYS DEC Region 7 - Kirkwood Sub-Office
1679 NY Rte. 11
Kirkwood NY, 13795
Contact: Donna Baker
Phone: (607) 775-2545

Broome County Public Library
185 Court Street
Binghamton, NY 13901

Local History and Genealogy Department
The Galleries of Syracuse
447 S. Salina Street
Syracuse, NY 13202

Guernsey Public Library
3 Court Street
Norwich, NY 13815

Morrisville Public Library
87 East Main Street
Morrisville, NY 13408

Cortland Free Library
32 Church Street
Cortland, NY 13045

Tompkins County Public Library
101 East Green Street
Ithaca, NY 14850

Oswego Public Library
34 East Bridge Street
Oswego, NY 13126

Candor Public Library
2 Bank Street, P.O. Box 104
Candor, NY 13743

Seymour Public Library
176-178 Genesee Street
Auburn, NY 13021

Coburn Free Library
275 Main Street
Owego, NY 13827

Cazenovia Public Library
100 Albany Street
Cazenovia, NY 13035

Locations in NYS DEC Region 8

NYS DEC Region 8 Headquarters
6274 E. Avon-Lima Road
Avon, NY 14414-9519
Contact: Linda Vera
Phone: (585) 226-5324

NYS DEC Region 8 - Bath Sub-Office
7291 Coon Road
Bath, NY 14810
Contact: Phil Faber
Phone: (607) 776-2165

NYS DEC Region 8 - Horseheads Sub-Office
276 Sing Sing Road, Suite 1
Horseheads, NY 14845
Contact: Joe Yarosz
Phone: (607) 739-0809

Steele Memorial Library
101 E. Church Street
Elmira, NY 14901

Watkins Glen Library
610 S Decatur St
Watkins Glen, NY 14891

Dormann Library
101 West Morris Street
Bath, NY 14810

Locations in NYS DEC Region 9

DEC Region 9 - Allegany Sub-Office
182 East Union Street
Allegany, N.Y. 14706
Contact: Christopher Miller
Phone: (716) 372-0645

Olean Public Library
134 North Second Street
Olean, NY 14760

Erie County Public Library
1 Lafayette Square
Buffalo, NY 14203

Lockport Public Library
23 East Avenue
Lockport, NY 14095-0475

Mary E. Seymour Library
22 N Main St
Stockton, NY 14784

Ellicottville Memorial Library
6499 Maples Rd
Ellicottville, NY 14731

Warsaw Public Library
130 N Main St.
Warsaw, NY 14569

Belmont Literary and Historical Society Free Library
2 Willets Avenue
Belmont, NY 14813


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