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ENB - Statewide Notices 2/4/2009

Public Notice

Notice of Amended Adoption

New York State Department of Environmental Conservation

6 NYCRR Part 200, General Provisions
6 NYCRR Part 201, Permits and Registrations
6 NYCRR Part 231, New Source Review for New and Modified Facilities

The department filed a Notice of Amended Adoption with the Department of State on February 3, 2009. This Notice will be published in the State Register on February 18, 2009. The effective date of this rulemaking is March 5, 2009.

This filing will correct the Department's Notice of Adoption filed on January 20, 2009, which was published in the State Register February 4, 2009.

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, and 19-0305 and Sections 160-169 and 171-193 of the Federal Clean Air Act (Act) (42 U.S.C. 7470-7479; 7501-7515) the New York State Department of Environmental Conservation hereby gives notice of the following:

Notice of Amended Adoption of Rules on February 2, 2009, filed with the Department of State on February 3, 2009, to be effective March 5, 2009, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; Part 201, Permits and Registrations; and Part 231, New Source Review for New and Modified Facilities.

The adoption of these amended rules is for the purpose of implementing nonattainment New Source Review (NNSR) and attainment New Source Review (Prevention of Significant Deterioration [PSD]) program requirements. The NNSR requirements are based on New York's existing NNSR program 6 NYCRR Subpart 231-2, with revisions to include selected provisions from the December 31, 2002 Federal NSR reform rule as amended on December 21, 2007. The PSD requirements are also based in large part on the December 31, 2002 Federal NSR reform rule as amended, and as codified at 40 CFR 52.21.

For further information, contact:

Rick Leone
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: 231NSR@gw.dec.state.ny.us

Variance from Stage II Vapor Recovery Requirement at E85 Dispensing Pumps

Notice is hereby given that the New York State Department of Environmental Conservation (Department or NYS DEC) plans to submit State Implementation Plan (SIP) revisions for six E85 gasoline dispensing sites to the United States Environmental Protection Agency (EPA) for approval. E85 gasoline is fuel containing up to 85 percent ethanol.

Part 230 of Title 6 of the New York Codes, Rules, and Regulations (NYCRR) contains a requirement to install Stage II vapor recovery equipment at gasoline dispensing sites located in the lower Orange County and New York City metropolitan areas in order to reduce emissions of volatile organic compounds (VOCs) and the related formation of ozone. A Stage II vapor recovery device captures at least 90 percent, by weight, of gasoline vapors while a car is being refueled and either retains them in a storage tank, or recovers or destroys them in an emission control device.

Onboard Refueling Vapor Recovery (ORVR) has been required on all passenger vehicles since 2000 and on all light trucks since 2007. ORVR, like Stage II equipment, prevents the release of VOC emissions when refueling. When ORVR and Stage II technology are used in conjunction, however, an increase in vapor emissions can result.

E85 gasoline can only be used in specially designed flexible fuel vehicles. Most of these vehicles have been manufactured since 1998, and all flexible fuel vehicles built today are equipped with ORVR. Because of the prevalence of ORVR technology in flexible fuel vehicles and the incompatibility with Stage II equipment, a number of stations intending to install E85 pumps are requesting a waiver from the Stage II equipment requirements.

In accordance with the Department's Air Guide 20 guidance and 6 NYCRR Section 230.8, source owners are granted a variance from the Stage II requirements when economic infeasibility prevents the installation of such controls. Below are listed six stations that have provided the Department with economic analyses which show costs for Stage II equipment on E85 pumps well above the level that has been established per Air Guide 20. Due to these excessive costs and the proven inability to function correctly with ORVR technology, the Department proposes to allow these E85 pumps to operate without Stage II equipment. In addition, a guidance document issued by EPA supports the claim that ORVR technology has reached a sufficiently large portion of flexible fuel vehicles. Therefore, the Department will submit these analyses to EPA for approval as SIP revisions. These will join the 28 similar analyses, published in the September 17th Environmental Notice Bulletin, which are in the process of being granted variances by the Department.

• Arzu Petroleum - Commack
• B&J Service Station - Sloatsburg
• Citgo Express - Bay Shore
• LUK - North Babylon
• T&C Mobil - Holbrook
• T&C Mobil - Rocky Point

The Department is providing a 30 day period to comment on the proposed submittal or request a hearing. Written comments should be submitted by March 6, 2009 to Scott L. Griffin, NYS DEC, 625 Broadway - 2nd Floor, Albany, New York, 12233-3251 or by e-mail to: dar.sips@dec.ny.gov.

Gregory LaBarge can be reached at (518) 402-8403 with any questions regarding these SIP revisions.

Procedures to address the presence of registered sex offenders in New York State Department of Environmental Conservation (NYS DEC) Campgrounds.

It is the intent of the Department to ensure the safety of visitors at all NYS DEC facilities. At times, the Department may become aware of the presence of an individual(s) who may be identified on a publicly available sex offenders list. In accordance with the Sex Offenders Registration Act (Megan's Law), it may become necessary to inform visitors of the presence of such individuals. The Department has developed procedures to respond when the presence of such an individual is brought to the attention of NYS DEC staff and to notify the public accordingly.

Comments will be accepted until February 18, 2009.

Information on the procedures can be reviewed by contacting the Department's contact person at: (518) 402-9060.

Contact: Douglas Bernhard, General Manager of Forest Parks, NYS DEC, 625 Broadway, Albany, NY 12233, Phone: (518) 402-9060.

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