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ENB - Statewide Notices 10/22/2008

Public Notice

Notice of Proposed Rulemaking

New York State Department of Environmental Conservation (NYS DEC)

6 NYCRR Part 239, Portable Fuel Container Spillage Control
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, 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 proposes to amend 6 NYCRR Part 239, Portable Fuel Container Spillage Control, and Part 200, General Provisions. These regulations will require portable fuel containers, which are distributed in the State of New York, to comply with the Federal Standard described in 40 CFR Part 59. The proposed revisions outline a different compliance test procedure which will maintain lower volatile organic compound (VOC) emissions while allowing manufacturers more flexibility in the design of the containers. Compliance with the proposed regulations will reduce VOC emissions which is a precursor to the formation of ground level ozone.

For further information, contact:

Ona Papageorgiou
NYSDEC, Division of Air Resources
625 Broadway, Albany, NY 12233-3251
Phone: (518) 402-8396
E-mail: 239pfc@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 amendments to 6 NYCRR Part 239, Portable Fuel Container Spillage Control, and 6 NYCRR Part 200, General Provisions and revisions to the State Implementation Plan (SIP).

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, 71-2103, and 71-2105.

The Department proposes to amend Part 239, Portable Fuel Container Spillage Control and Part 200, General Provisions. These regulations will require portable fuel containers, which are distributed in the State of New York, to comply with the Federal Standard described in 40 CFR Part 59. The proposed amendments outline a different compliance test procedure which will maintain lower volatile organic compound (VOC) emissions while allowing manufacturers more flexibility in the design of the containers. Compliance with the proposed regulations will reduce VOC emissions, which is a precursor to the formation of ground level ozone. The Department is also proposing to revise the SIP by incorporating Part 239 and related revisions to Part 200.

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

Hearings will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: Monday, December 1, 2008
Time: 1:00 p.m.
Location: NYS DEC, 625 Broadway, Public Assembly Room 129, Albany, NY 12233

Date: Wednesday, December 3, 2008
Time: 1:00 p.m.
Location: NYS DEC Region 2 Annex, 11-15 47th Avenue, Hearing Room 106, Long Island City, NY 11101

Date: Thursday, December 4, 2008
Time: 1:00 p.m.
Location: NYS DEC Region 8 Office, Conference Room, 6274 East Avon-Lima Road (Rts. 5 & 20), Avon, NY 14414

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.

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 14, 2008, to Laura Stevens, NYS DEC, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8451, E-mail: airregs@gw.dec.state.ny.us.

Information concerning the proposed amendments to Part 239 and Part 200 may be obtained from Ona Papageorgiou, NYS DEC-Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail, 239pfc@gw.dec.state.ny.us. Written statements may be submitted to the Department until 5:00 p.m., December 11, 2008.

The proposed amendments to the Part 239 and 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


Notice of Acceptance of Draft GEIS and Public Hearing

Statewide - The New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP), as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Statewide Comprehensive Recreation Plan. A public hearing on the Draft GEIS will be held on November 5, 2008 at 3:00 p.m. and 7:00 p.m. at the Peebles Island Resource Center, Peebles Island State Park, Waterford, New York. Public comment period is from October 22, 2008 to November 21, 2008. The draft Plan is available on the agency's website at: http://www.nysparks.com/.

The action involves the periodic preparation of the Statewide Comprehensive Recreation Plan (SCORP) by the New York State Office of Parks, Recreation and Historic Preservation to provide statewide policy direction and to fulfill the agency's recreation and preservation mandate. The updated SCORP serves as a status report and as an overall guidance document for recreation resource preservation, planning, and development from 2009 through 2014. The document is also used to guide the allocation of state and federal funds for recreation and open space projects. The direction for recreation in the state is guided by ten statewide policies. These policies are grouped into four major initiative areas that respond to the current issues impacting the state's natural, cultural and recreational resources and are consistent with OPRHP priorities. These initiative areas are: revitalizing our parks and historic sites, natural resource stewardship and interpretation, creating connections beyond the parks, and sustainability. This project is located throughout the State of New York.

Contact: Robert Reinhardt, NYS OPRHP, Phone: (518) 474-0415, Fax: (518) 474-7013, E-mail: robert.reinhardt@oprhp.state.ny.us.




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