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ENB - Statewide Notices 6/17/2009

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0903, and 11-0905 the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR section 1.40 pertaining to wild turkey. This notice will be published in issue 24 of the State Register, dated June 17, 2009.

For further information, please contact:

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


Notice of Proposed Rulemaking

New York State Department of Environmental Conservation

6 NYCRR Part 235, Consumer Products
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 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 (Department or NYS DEC) proposes to amend 6 NYCRR Part 235, Consumer Products and Part 200, General Provisions. The Department is also proposing to revise the SIP by incorporating Part 235 and related revisions to Part 200. These regulations will assist the Department in attaining and maintaining the Federal eight-hour ozone standard for New York's designated nonattainment areas by limiting the amount of volatile organic compounds (VOCs), which are ozone precursors, emitted into the atmosphere. Proposed Part 235 will set volatile organic compounds (VOCs) limits for eleven new categories and they are the following: adhesive remover (including subcategories), anti-static (non-aerosol), electrical cleaner, electronic cleaner, fabric refresher, footwear or leather care, graffiti remover, hair styling products, shaving gel (the first tier VOC limit of seven percent), toilet/urinal care, and wood cleaner. The Department also proposes to revise the existing VOC limit for the contact adhesive product category and to include additional requirements for two previously regulated product categories: air fresheners and general purpose degreasers. These revisions will result in an estimated VOC reduction benefit of 3.4 tons per day (tpd) for New York State.

The Department is proposing a prohibition on the use of three Toxic Air Contaminants (TACs), methylene chloride (MeCL), perchloroethylene (Perc), and trichloroethylene (TCE) in seven categories in the revised consumer products rule because they have the potential to cause cancer and could also cause non-cancer health issues. The seven categories are as follows: 1) adhesive removers (including subcategories: floor or wall covering, gasket or thread locking, general purpose, and specialty), 2) contact adhesive, 3) electrical cleaners, 4) electronic cleaners, 5) footwear or leather products, 6) general purpose degreasers, and 7) graffiti removers.

The Department is proposing a prohibition on the use of para-dichlorobenzene (PDCB), which is a chlorinated benzene compound, in the solid air fresheners and toilet/urinal care products categories. PDCB has been designated by the International Agency for Research on Cancer as a possible carcinogen to humans and has the potential to cause non-cancer health effects.

The Department is proposing to amend 6 NYCRR Part 200 (Table 1; section 200.9) to reflect changes made to Part 235. The Department has added and updated reference documents under Referenced Material in Table 1, section 200.9.

It is proposed that 6 NYCRR Part 235 and amended Part 200 become effective on January 1, 2010. This important rule making will assist the Department's efforts to bring the New York City area into compliance with both the 1997 and 2008 ozone National Ambient Air Quality Standards (NAAQS), and other areas of the State in coming into compliance with the 2008 ozone NAAQS.

For further information, contact:

Arthur Robinson
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3251
Phone: (518) 402-8396
E-mail: 235product@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 235 regulation and attendant amendments to the 6 NYCRR Part 200 regulation 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, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103 and 71-2105.

The Department proposes to amend Part 235, Consumer Products and Part 200, General Provisions. The Department is also proposing to revise the SIP by incorporating Part 235 and related revisions to Part 200. These regulations will assist the Department in attaining and maintaining the Federal eight-hour ozone standard for New York's designated nonattainment areas by limiting the amount of volatile organic compounds (VOCs), which are ozone precursors, emitted into the atmosphere. Proposed amended Part 235 will set volatile organic compounds (VOCs) limits for 11 new product categories and they are the following: 1.) adhesive remover (including subcategories), 2.) anti-static (non-aerosol), 3.) electrical cleaner, 4.) electronic cleaner, 5.) fabric refresher, 6.) footwear or leather care, 7.) graffiti remover, 8.) hair styling products, 9.) shaving gel (the first tier VOC limit of seven percent), 10.) toilet/urinal care, and 11.) wood cleaner. The Department also proposes to revise the existing VOC limit for the contact adhesive category and to include additional requirements for two previously regulated product categories: air fresheners and general purpose degreasers. The VOC content limit did not change in these two categories. Proposed amended Part 235 would take effect on January 1, 2010.

The Department is proposing a prohibition on the use of three Toxic Air Contaminants (TACs), methylene chloride (MeCL), perchloroethylene (Perc), and trichloroethylene (TCE) in the following seven product categories: 1) adhesive removers (including subcategories: floor or wall covering, gasket or thread locking, general purpose, and specialty), 2) contact adhesive, 3) electrical cleaners, 4) electronic cleaners, 5) footwear or leather products, 6) general purpose degreasers, and 7) graffiti removers. The three TACs have the potential to cause cancer and could also cause non-cancer health issues.

The Department is proposing a prohibition on the use of para-dichlorobenzene (PDCB), which is a chlorinated benzene compound, in the solid air fresheners and toilet/urinal care products categories. PDCB has been designated by the International Agency for Research on Cancer as a possible carcinogen to humans and has the potential to cause non-cancer health effects.

The Department will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by July 6, 2009, to Laura Stevens, NYS DEC, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8451, E-mail air.regs@dec.ny.gov.

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

Date: Monday, July 20, 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

Date: Tuesday, July 21, 2009
Time: 1:00 p.m.
Location: NYS DEC, Public Assembly Room 129-A, 625 Broadway, Albany, NY 12233

Date: Wednesday, July 22, 2009
Time: 1:00 p.m.
Location: NYS DEC Annex, Region 2 Office, 11-15 47th Avenue, Hearing Room 106, Long Island City, NY 11101

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 the proposed amendments to Part 235 and Part 200 may be obtained from Arthur Robinson, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: 235product@gw.dec.state.ny.us. Written statements may be submitted to the Department at the above address, until 5 p.m., Wednesday, July 29, 2009.

The proposed amendments to Part 235 and Part 200 and associated supporting information 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 2,1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Samuel Lieblich

Region 3 - NYS DEC-Region 3, 21 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


Clean Data Petition

1997 Ozone Standard Nonattainment Areas - Poughkeepsie, NY; Buffalo, NY and Jamestown, NY

Notice is hereby given that the New York State Department of Environmental Conservation (Department or NYS DEC) plans to submit a clean data petition to the United States Environmental Protection Agency (EPA) for three areas in New York State that were designated nonattainment for the 1997 national ambient air quality standard (NAAQS) for ozone.

On April 30, 2004, EPA promulgated designations for the 1997 ozone NAAQS (69 FR 23858). Air quality monitors in Poughkeepsie, NY; Buffalo-Niagara Falls, NY; and Jamestown, NY now monitor attainment of the NAAQS. To attain this standard, the 3-year average of the fourth-highest daily maximum 8-hour average ozone concentrations measured at each monitor (Design Value) within an area over each year must not exceed 0.08 ppm. Based on the rounding convention required by EPA (40 CFR 50 App. I), the Design Value must be less than 0.085 ppm in order to demonstrate attainment of the 1997 ozone NAAQS.

The following table contains complete, quality assured 2006 - 2008 8-hour ozone design values that are certified by the Department as accurate:

Non-Attainment
Area
Station AIRS ID 4th Max
2006
4th Max
2007
4th Max
2008
Design
Value
Poughkeepsie, NY Valley Central 360715001 0.077 0.083 0.081 0.080*
Millbrook 360270007 0.064 0.078 0.081 0.074
Mt. Ninham 360790005 0.073 0.085 0.079 0.079
Buffalo-Niagara Falls
NY
Amherst
Middleport
360290002
360310002
0.083
0.082
0.076
0.074
0.076
0.074
0.081*
0.076
Jamestown, NY Westfield
Dunkirk
360130011
360130006
0.075
0.083
0.083
0.086
0.073
0.084
0.077
0.084*

* Nonattainment Area Design Value

The Department plans to petition EPA to make a binding determination that the subject areas have attained the 1997 ozone NAAQS and the Department need not submit a state implementation plan (SIP) revision concerning reasonable further progress (RFP), attainment demonstrations and contingency measures. This petition is based on the May 5, 1995 EPA guidance memorandum entitled "Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard" located at www.epa.gov/ttn/caaa/t1/memoranda/clean15.pdf.

The Department acknowledges that the suppression of the requirement to submit SIP revisions for the aforementioned provisions is in effect only as long as the areas continue to monitor attainment of the NAAQS. New York will continue to operate its air quality monitoring network, and if an area experiences a violation of the NAAQS, the area would again be subject to a requirement to submit the pertinent SIP revision(s) and would need to address those requirements.

A 30-day public comment period is being provided. Written comments should be submitted by July 17, 2009 to: Robert D. Bielawa, NYS DEC - Division of Air Resources, 625 Broadway - 2nd Floor, Albany, New York, 12233-3251 or by e-mail to dar.sips@dec.ny.gov


Data Solicitation for 2010 Federal Clean Water Act (CWA) Section 303(d) List

Section 303(d) of the Federal Clean Water Act requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2010. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2010 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Every year waters in two or three of the 17 drainage basins in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every five years. The assessment of these waters is a public process and participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

However every two years, corresponding to the development of New York State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the List, but will be used during the subsequent water quality assessment for the corresponding basin during the reassessment cycle. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and will also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to maintain an effective and comprehensive review of solicited data and information and insure the timely submittal of the List, it is necessary to establish a cut-off date for the receipt of water quality data and information. Therefore in order to be included for full consideration in the compiling of the 2010 CWA Section 303(d) List, data and information must be received by September 30, 2009. It is not the intent of this cut-off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to the United State Environmental Protection Agency (USEPA) by April 1, 2010.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2010 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet. This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. Information regarding the Waterbody Inventory/Priority Waterbodies List, including the WI/PWL worksheet and instructions for completing the worksheet, can found on the NYS DEC website at: http://www.dec.ny.gov/docs/water_pdf/pwlwrksht.pdf (PDF, 243 Kb). Worksheet information can also be obtained by contacting the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179. Completed WI/PWL worksheets and supporting water quality monitoring data should be sent to the address above, or forwarded via email to 4pwlinfo@dec.ny.gov. Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2010 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing

Methodology can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html. Additional information regarding the NYS DEC Water Quality Assessment Program, including the Waterbody Inventory/Priority Waterbodies List assessments and Section 305(b) water quality reporting can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC -Division of Water, Bureau of Water Assessment and Management, Water Quality Assessment Section, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, Fax: (518) 402-9029, E-mail: jamyers@gw.dec.state.ny.us.


Program Material Availability

The New York State Department of Environmental Conservation (Department or NYS DEC) has prepared the following Program Materials in accordance with 6 NYCRR Part 242, CO2 Budget Trading Program, Subpart 10: Consistency Application forms, Monitoring and Verification Report forms, and related instructional documents for the award of CO2 offset allowances for (1) landfill methane capture and destruction; (2) reduction in emissions of sulfur hexafluoride (SF6); and (3) sequestration of carbon due to afforestation.

The CO2 Budget Trading Program allows for the award of CO2 offset allowances for projects that meet the requirements of Subpart 242-10. To apply for award of CO2 offset allowances, a project sponsor must submit a Consistency Application and Monitoring and Verification Report to the Department. The forms and instruction materials for the three offset project categories described above are available on the Department's website at http://www.dec.ny.gov/energy/53449.html.

For offset projects commenced prior to January 1, 2009, a project sponsor must submit the Consistency Application, Monitoring and Verification Report, and all applicable forms covering the pre-2009 period by June 30, 2009. For projects commenced on or after January 1, 2009, the project sponsor must submit a Consistency Application and all appropriate forms by the applicable deadlines in 6 NYCRR Subpart 242-10.

The project sponsor's inability to fully complete the Consistency Application or Monitoring and Verification Report forms pertaining to the accredited independent verifier information will not, in and of itself, disqualify such project sponsor from receiving an award of CO2 offset allowances, provided that the forms are submitted to the Department by the June 30, 2009 deadline, or by the other applicable deadlines in 6 NYCRR Subpart 242-10.

Pursuant to Environmental Conservation Law § 3-0301(2)(Z), the Department is not accepting formal public comment on these Program Materials. Given the impending June 30, 2009 deadline for the submission of CO2 offset allowance application materials for offset projects commenced prior to January 1, 2009, accepting formal public comment would delay or otherwise impede compliance with 6 NYCRR Subpart 242-10. Notwithstanding this, any questions or concerns regarding these Program Materials may be directed to:

Contact: John Marschilok, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY, 12233-1030, E-mail: jxmarsch@gw.dec.state.ny.us.


Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund (DWSRF) for Additional Funding; Fund Adjustments; Amended Project Readiness List

Draft Amendment #4 to the Drinking Water State Revolving Fund Intended Use Plan issued September 30, 2008 was published in the March 18, 2009 issue of the Environmental Notice Bulletin (ENB). The comment period for the Draft Amendment #4 closed on April 3, 2009. A response to public comments received by the New York State Department of Health on Draft Amendment #4 is included as part of Final Amendment #4. The final notice follows:

The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 30, 2008 to reflect adjustments to the sources and uses of funds available for the remaining FFY 2009 IUP financing period through an increase in the DWSRF appropriation to New York State in the amount of $86.8 million from the American Recovery and Reinvestment Act (ARRA). Of this appropriation, no less than 50% ($43.4 million) will be used for additional subsidization. To the extent available, 50% additional subsidization for project costs eligible for ARRA funding will be available to both hardship and non-hardship projects. Also, not less than 20% ($17.36 million) will be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative projects, to the extent that qualifying applications are received.

These fund adjustments will be used to finance projects on the amended DWSRF 2009 IUP Project Readiness List that meet ARRA requirements described in the Amendment. Priority for ARRA funds will be given to projects that can start construction within a short time frame.

The deadline for submitting project financing applications was May 1, 2009. Financing applications received after May 1, 2009 for projects on the amended Project Readiness List are being held by NYS EFC and may be considered for subsidized funds later in FFY 2009, if sufficient funds are available. The DWSRF financing application package was revised in February 2009 and is available by calling NYS EFC at 800-882-9721 or on the NYS EFC website at: www.nysefc.org (click on "Programs", then "Drinking Water State Revolving Fund", then "Application Process").

The Final Amendment No. 4 is available on the NYS DOH web site at: www.health.ny.gov/environmental/water/drinking/water.htm.


State Pollutant Discharge Elimination System (SPDES) General Permits for Concentrated Animal Feeding Operations Permit No. GP-0-09-001

The New York State Department of Environmental Conservation (NYS DEC) issued the SPDES General Permit for Concentrated Animal Feeding Operations (CAFOs), GP-0-09-001.

This General Permit, GP-0-09-001 shall be effective from July 1, 2009 to June 30, 2014. Eligibility criteria is contained within Part I of the General Permit.

A notice of draft permits was published in the Environmental Notice Bulletin on December 17, 2008. This project is an Unlisted Action pursuant to the State Environmental Quality Review Act. A Negative Declaration is on file for this SPDES General Permit for CAFOs, GP-0-09-001.

Copies of the permit, fact sheet, responsiveness summary and applicable forms are available on the Department's website at: http://www.dec.ny.gov/permits/6285.html or may be requested from the contact information listed below:

Barbara Horton
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY 12233-3505
Phone: (518) 402 -8111
E-mail: bjhorton@gw.dec.state.ny.us

This General Permit will authorize coverage for new and existing CAFOs that are required to have permits in accordance with New York's Environmental Conservation Law, Article 17, Title 7, in that, these facilities do not discharge or propose to discharge.

All permittees covered by the current CAFO General Permit, GP-04-02 will be notified and permittees' coverage shall be continued under GP-04-02 unless otherwise prohibited, and shall be considered authorized without interruption. Applicants must seek authorization for coverage under GP-0-09-001, and will be required to file a Notice of Intent and either a Comprehensive Nutrient Management Plan certification or Annual Nutrient Management Plan submittal to obtain such coverage.

The NYS DEC continues to reserve the right to require any applicant seeking or maintaining coverage under this General Permit, GP-0-09-001 to apply for an individual SPDES permit.


Notice of Acceptance of Final EIS

Statewide - New York State Department of Environmental Conservation (NYS DEC) and New York State Office of Parks Recreation and Historical Preservation (NYS OPRHP), as co-lead agencies, have accepted a Final Environmental Impact Statement on the proposed Conserving Open Space in New York - 2009 New York State Open Space Conservation Plan. Copies of the Final 2009 Plan and Final GEIS are available online at: www.dec.ny.gov/lands/47990.html or by request through e-mail at lf.openspaceplan@dec.ny.gov or by calling NYS DEC and NYS OPRHP regional offices. Pursuant to statute ECL §49-0217, NYS DEC and NYS OPRHP held public hearings in each NYS DEC administrative region on the Draft Plan, released January 7, 2009 and took public comments until February 27, 2009. These hearings also served as public hearings on the Draft GEIS pursuant to the applicable SEQR Act (6NYCRR §617.9(a)(4).

The action involves the adoption of the Final 2009 Plan which is an update and revision of the 2006 Plan and includes identification of the types and locations of open space resources and various open space conservation tools and strategies. The revised 2009 Plan refocuses our open space conservation actions on four critical priorities. These priorities are: Responding to Global Climate Change; Fostering Green, Healthy Communities; Connecting New Yorkers with Nature and Recreation; and Safeguarding our State's Natural and Cultural Heritage. The 2009 Plan continues to list priority conservation projects, publicly identified and reviewed, which are eligible for acquisition under the State Environmental Protection Fund and other state, federal and local sources.

Contact: Francis Sheehan, NYS DEC - Division of Lands and Forests, Natural Resources Planning, 625 Broadway, Albany, NY 12233-4250, Phone: (518) 402-9405.


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