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ENB - Statewide Notices 4/8/2009

Public Notice

Hearing Notice

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC or Department) will hold legislative public hearings on the proposed 6 NYCRR Part 252 regulation and attendant amendments to the 6 NYCRR Part 200 regulation, and the proposed revision to the State Implementation Plan (SIP) for the New York Metropolitan Area Enhanced Inspection and Maintenance (I/M) Program

The statutory authority for the promulgation of Part 252 and attendant revisions to Part 200 is the Environmental Conservation Law (ECL) Sections 19-1101, 19-1103, and 19-1105.

The Department proposes to promulgate Part 252, Environmental Performance Labels and amend Part 200, General Provisions. These regulations would require environmental performance labels be affixed to new vehicles delivered for sale in New York. The label would contain quantitative information of the criteria pollutant and greenhouse gas emissions for new vehicles relative to the average new vehicle for the same model year. The regulation would take effect for 2010 and subsequent model year passenger vehicles and light-duty trucks up to 8,500 pounds gross vehicle weight rating.

The proposed SIP revision, entitled "New York Metropolitan Area-Enhanced I/M Program" meets the requirements of section 182 of the Clean Air Act Amendments of 1990. The New York Metropolitan Area includes the New York State counties of Suffolk, Nassau, Richmond, New York, Kings, Queens, Bronx, Westchester and Rockland. This SIP revision outlines several proposed changes to New York's existing enhanced I/M programs, New York Vehicle Inspection Program (NYVIP) and New York Transient Emission Short Test (NYTEST), currently operating within the 9 county New York Metropolitan Area (NYMA). New York proposes to reduce the percentage of emissions waivers allowed within NYMA to 2% (from 3%) beginning in calendar year 2008. New York proposes that the decentralized NYVIP I/M program, which features on-board diagnostics inspections, is as effective as a centralized test-only program for modeling purposes. New York also proposes to end tailpipe testing through the NYTEST I/M program on December 31, 2010.

This SIP revision includes Mobile6 modeling demonstrations for the high enhanced I/M performance standard and rate of progress/reasonable further progress requirements associated with the proposed changes. The Department has met its obligation to demonstrate that its control programs will result in continuing emission reductions to offset potential losses due to ending tailpipe emissions inspections.

Hearings on the proposed 6 NYCRR Part 252 regulation and attendant amendments to the 6 NYCRR Part 200 regulation will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: Monday, May 11, 2009
Time: 1:00 p.m.
Location: NYS DEC, 625 Broadway, Public Assembly Room 129A, Albany, NY 12233

Date: Tuesday, May 12, 2009
Time: 1:00 p.m.
Location: NYS DEC - Region 8 Office, Conference Room, 6274 East Avon-Lima Road (Routes 5 and 20), Avon, NY 14414

Hearings on the proposed 6 NYCRR Part 252 regulation and attendant amendments to the 6 NYCRR Part 200 regulation and the proposed SIP revision will be held as follows and are scheduled in a place that is reasonably accessible to persons with impaired mobility:


Date: Wednesday, May 13, 2009
Time: 1:00 p.m.
Location: NYS DEC Annex - Region 2, 11-15 47th Avenue, Hearing Room 106, Long Island City, NY 11101

Information concerning proposed Part 252 and amended Part 200 may be obtained from Jeff Marshall, NYS DEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, Phone: (518) 402-8292, E-mail: 252labels@gw.dec.state.ny.us. Written statements may be submitted to the Department at the above address, until 5 p.m., May 20, 2009.

Information concerning the proposed SIP revision may be obtained from James Clyne, NYS DEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, Phone: (518) 402-8292, E-mail: airsips@gw.dec.state.ny.us. Written statements may be submitted to the Department at the above address, until 5 p.m., May 20, 2009.

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 actions 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 5:00 p.m., April 27, 2009, to Laura Stevens, NYS DEC, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8451, E-mail: airregs@gw.dec.state.ny.us.

The proposed Part 252 and amended Part 200 regulations and associated supporting information, and the proposed SIP revision may be obtained from any of the following Department offices:

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

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

Region 3 - NYS DEC-Region 3, 1 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb

Region 4 - NYS DEC-Region 4, 1130 North Westcott Road, Schenectady, NY 12306, Attention: Donald Spencer

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

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

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

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

Region 9 - NYS DEC-Region 9, 270 Michigan Avenue, Buffalo, NY 14203, Attention: Larry Sitzman


Notice of Proposed Rulemaking

New York State Department of Environmental Conservation

6 NYCRR Part 252, Environmental Performance Labels

6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 19-1101, 19-1103, and 19-1105, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The New York State Department of Environmental Conservation proposes to promulgate 6 NYCRR Part 252, Environmental Performance Labels, and amend Part 200, General Provisions to incorporate revisions California has made to its vehicle emission control program to include environmental performance labels. These regulations will apply to all 2010 and subsequent model year passenger vehicles and light-duty trucks.


For further information, contact:

Jeff Marshall
NYS DEC, Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292
E-mail: 252labels@gw.dec.state.ny.us


New York State Thruway Authority and New York State Canal Corporation Announce Public Review Period for Draft Annual Reports for GP-0-08-002.

This notice announces the availability of the Draft Annual Reports prepared by the New York State Thruway Authority (NYSTA) and New York State Canal Corporation (NYSCC) pursuant to the New York State Department of Environmental Conservation (NYS DEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-0-08-002. The Draft Annual Reports document activities related to the NYSTA's and NYSCC's Stormwater Management Program during the Reporting Period of March 1, 2008 to March 9, 2009. The NYSTA and NYSCC are making these draft documents available for public comment for a period of 30 days, ending May 7, 2008. Interested parties may provide their comments to the NYSTA and NYSCC via e-mail, phone, or mail to be considered in finalizing the documents.

Background: SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-0-08-002, 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 NYSTA's and NYSCC's "Public Involvement/Participation" Minimum Control Measure.

Information: The Draft Annual Reports are available online during the comment period at: http://www.nysthruway.gov/environmental/ms4s.html

Hardcopies of the NYSTA and NYSCC Draft Annual Reports are also available for review at the following locations:

New York Division Contact: Michael Wetzel, 4 Executive Boulevard, Suffern, NY 10901, Phone: (845) 918-2526

Syracuse Division Contact: Michael Reed, Suite 250 2nd Floor, 290 Elwood Davis Road, Liverpool, NY 13088-2104, Phone: (315) 438-2393

Albany Division Contact: Robert Romeo, 270 Mount Hope Drive, Albany, NY 12209, Phone: (518) 436-3006

Buffalo Dvision Contact: Tom Moore, 455 Cayuga Road, Suite 800, Cheektowaga, NY 14225-1309, Phone: (716) 635-6291

Email comments to:

Thruway: ms4artwy@thruway.state.ny.us

Canal: ms4arcanals@thruway.state.ny.us

Mail comments to:

New York State Thruway Authority
Environmental Services Bureau
Attention: Mike Monahan
200 Southern Blvd.
Albany, NY 12209
Phone: (518) 471-5942


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