NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

ENB - Statewide Notices 12/2/2009

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-c the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 40.1 Marine Fish - pertaining to the commercial and recreational harvest of winter flounder. This notice will be published in issue 48 of the State Register, dated December 2, 2009.

For further information please contact:

Stephen W. Heins
NYS DEC - Division of Fish, Wildlife and Marine Resources
Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law Articles 15, 33 and 71 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR section 325.7 pertaining to exemption for application of 100 percent corn oil to bird eggs. This notice will be published in issue 48 of the State Register, dated December 2, 2009.

For further information please contact:

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


Pursuant to the Environmental Conservation Law sections 11-0303, 11-0307, 11-0903, 11-0905, 11-0909 and 11-0917 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR section 2.30 pertaining to Migratory Game Birds. This notice will be published in issue 48 of the State Register, dated December 2, 2009.

For further information please contact:

Gordon R. Batcheller
NYS DEC - Division of 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 Public Hearing

Proposed Revisions To The State Implementation Plans For:

Interstate Transport Of PM2.5 Under Section 110(A)(2)(D)(I) and Infrastructure Assessment Under Sections 110(A)(1) And (2) Of The Clean Air Act; Revision Of Action Levels In Air Pollution Episode Communication Handbook; and Regional Haze Pursuant To 40 CFR Section 51.308

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) will hold a legislative Public Hearing on three separate proposals:

  1. A proposed State Implementation Plan (SIP) revision demonstrating that New York State air quality plans meet the requirements of section 110(a)(2)(D)(i) of the Clean Air Act (CAA) related to interstate transport and providing an "infrastructure" assessment demonstrating that New York's air program addresses basic SIP requirements related to the attainment of new or revised National Ambient Air Quality Standards (NAAQS) pursuant to sections 110(a)(1) and (2) of the CAA. New York is required to submit to the United States Environmental Protection Agency (US EPA) a SIP revision demonstrating that the interstate transport of particulate matter emitted in New York that is equal to or less than 2.5 microns in size (PM2.5) does not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such primary or secondary NAAQS, or interfere with measures required to be included in the applicable implementation plan for any other state to prevent significant deterioration of air quality or to protect visibility in accordance with section 110(a)(2)(D)(i). Also included in this proposal is a demonstration that, pursuant to sections 110(a)(1) and (2), the New York air program includes the basic requirements such as emission inventories, monitoring and modeling to assure attainment, maintenance and enforcement of the standards. The "infrastructure" assessment documenting that New York State's program has the legal and administrative authority and resources to meet the requirements of the CAA must also be submitted to the US EPA.
  2. A proposed revision to the alert levels in the "Air Pollution Episode Communication Handbook" which is used by NYS DEC to implement 6 NYCRR Part 207, Control Measures For Air Pollution Episode, and to update the state and local emergency contacts for air pollution episodes. These alert levels reflect the PM 2.5 Significant Harm Levels (SHLs) proposed by EPA on January 15, 2009 as well as values for other criteria pollutants, and are intended to address the requirements of CAA section 110(a)(2)(G), Emergency Powers and Contingency Plans, as they apply to New York State.
  3. A proposed revision to the SIP for Regional Haze. This proposed SIP revision, entitled "New York State Implementation Plan for Regional Haze" meets the requirements of section 169A of the CAA, which sets forth a national goal for visibility which is the "prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas which impairment results from manmade air pollution." This SIP revision demonstrates how reductions in the emissions of visibility impairing pollutants in New York will result in a decrease in the degree of visibility impairment in federal Class I areas in the northeastern United States. This revision satisfies the requirements of the federal haze program found in 40 CFR Section 51.308 by evaluating the current and future projected inventory of sources, assessing the progress necessary to reduce emissions to meet the interim 2018 goal, providing for consultation with other states, tribes and FLMs in establishing progress goals, and establishing a strategy by which New York's share of regional emission reductions will be implemented. This strategy was arrived at through a consultation process with other states and tribes, federal land managers (FLMs) and the US EPA with which the State of New York agrees and commits to implement as described in this document.

As required under the Regional Haze Program, FLMs, which include representatives of the USDA Forest Service, the National Park Service and the U.S. Fish and Wildlife Service, were provided a 60 day period in which to review New York State's draft Regional Haze SIP. A summary of the FLM comments is as follows:

  • The FLMs note that New York State has not finalized its Best Available Retrofit Technology (BART) rulemaking. BART control requirements are an element of the regional haze program, and New York must have a rule in place to require these controls to be implemented. The draft SIP, therefore, does not contain a list of source-specific controls and emission limits that would have resulted from the application of BART requirements.
  • New York's BART rule would allow "exemption modeling" through which some potential BART sources can avoid BART because they are too small or their emissions do not "cause or contribute" to visibility impairment. The FLMs are under the impression that New York agreed not to allow exemption modeling.
  • During New York's BART rule promulgation, comments on the threshold by which a source may be shown to "cause or contribute" to visibility impairment in Class I areas will be solicited. Without the threshold being established now, the FLMs are concerned that the final list of BART sources cannot be identified.
  • The FLMs are concerned that rulemaking delays will keep New York from meeting its 2008 - 2013 (i.e., the 5-year progress report) deadline.
  • The FLMs question how proposed emission controls were derived for New York's share of MANE-VU's "top 167" control strategy when BART determinations have yet to be conducted.
  • The FLMs believe fuel sulfur limits similar to the low sulfur fuel oil strategy which New York is planning to add to 6 NYCRR Part 225 in 2012 should be considered while conducting BART determinations.
  • The FLMs want a disclaimer added to the SIP acknowledging that the FLMs will be provided a 60 day period in which to review BART determinations and any exemption modeling demonstrations.

A Public Hearing will be held for this proposal at the following location and time:

Date: Tuesday, January 5, 2010

Time: 11:00 a.m.

Place: New York State Department of Environmental Conservation
625 Broadway
Room 129B
Albany, NY 12233

The Public Hearing is scheduled in a place that is reasonably accessible to persons with impaired mobility. At the hearing, NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by December 15, 2009, to Laura Stevens, NYS DEC, 625 Broadway, Albany NY 12233 3250, Phone: (518) 402-8451, E-mail: airregs@gw.dec.state.ny.us.

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

NYS DEC invites all persons, organizations, corporations, and government agencies that may be affected by the proposals to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearing and oral statements made at the hearing will be given equal weight.

Requests for information and comments related to the SIP revisions may be obtained from Diana Rivenburgh, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone (518) 402-8396, E-mail airsips@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., January 12, 2010.

The proposed SIP revision may be obtained from Diane Rivenburgh. The proposal may also be obtained from any of the following NYS DEC offices:

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

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

Region 3 - NYS DEC-Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb

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

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

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

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

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

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


Hearing Notice

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) will hold joint legislative public hearings on:

  1. Proposed revisions to 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and attendant revisions to 6 NYCRR Part 200, General Provisions.
  2. The repeal of 6 NYCRR Part 204, NOx Budget Trading Program, and attendant revisions to 6 NYCRR Part 200, General Provisions; proposed revisions to 6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program, and 6 NYCRR Part 238, Acid Deposition Reduction SO2 Budget Trading Program, and attendant revisions to 6 NYCRR Part 200, General Provisions, and revisions to the State Implementation Plan (SIP) to remove Part 204 and attendant revisions to Part 200.
  3. Proposed revisions to 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program; 6 NYCRR Part 244, CAIR NOx Annual Trading Program; 6 NYCRR Part 245, CAIR SO2 Trading Program, and attendant revisions to 6 NYCRR Part 200, General Provisions; and revisions to the State Implementation Plan (SIP) to incorporate the proposed revisions to Parts 243, 244 and 245, and attendant revisions to Part 200.
  4. Proposed new 6 NYCRR Part 249, Best Available Retrofit Technology (BART), and attendant revisions to 6 NYCRR Part 200, General Provisions, and revisions to the State Implementation Plan (SIP) to incorporate the proposed promulgation of Part 249, and attendant revisions to Part 200.

The statutory authority for the amendments to Part 218 and attendant revisions to Part 200 is the Environmental Conservation Law (ECL) Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105 and section 177 of the Federal Clean Air Act (42 USC 7507).

The statutory authority for the amendments to Parts 204, 237, and 238 is the ECL, Sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, and 19-0311.

The statutory authority for the amendments to Parts 243, 244, and 245 is the ECL, Sections 1-0101, 19-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311.

The statutory authority for the promulgation of Part 249 is the ECL, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105.

NYS DEC proposes to amend Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and amend Part 200, General Provisions. The proposed amendments would simplify the existing zero emission vehicle (ZEV) program, increase compliance flexibility, and create incentives for new ZEV technology while maintaining the technology forcing nature of the current program. The ZEV regulations take effect for all 2009 and subsequent model year passenger cars and light-duty trucks. NYS DEC is also proposing to adopt California's experimental permit procedures for on-road motor vehicles. This proposal would enable NYS DEC to issue anti-tampering exemptions for experimental pollution control devices being tested on vehicles in New York State. The research authorization procedures will take effect for all 1993 and subsequent model year California certified on-road motor vehicles.

NYS DEC intends to (1) repeal 6 NYCRR Part 204, NOx Budget Trading Program, (2) render inoperative 6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program upon completion of the 2009-2010 control period, and (3) render inoperative 6 NYCRR Part 238, Acid Deposition Reduction SO2 Budget Trading Program, upon completion of the 2010 control period. These rules have essentially been superseded by 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program, 6 NYCRR Part 244, CAIR NOx Annual Trading Program, and 6 NYCRR Part 245, CAIR SO2 Trading Program (the NYS CAIR rules). These proposed regulatory revisions will prevent affected sources from needing to comply with duplicative programs.

NYS DEC proposes to revise the terms of the NYS CAIR rules to incorporate changes to the model federal regulations on which the NYS CAIR rules are based, and make minor clarifications and corrections to the NYS CAIR rules.

NYS DEC proposes new Part 249, Best Available Retrofit Technology (BART) in response to a federal requirement under the regional haze provisions of the Clean Air Act. Sources which are found BART eligible under certain criteria and which contribute to visibility impairment in Federal Class I areas will be required to submit an analysis of potential BART controls to NYS DEC by October 1, 2010 and complete installation of approved controls by July 1, 2013 under the proposed regulation.

Hearings on the proposed amendments described above will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: Tuesday, December 1, 2009
Time: 2:00 p.m.
Location: NYS DEC, 625 Broadway, Public Assembly Room 129-B, Albany, NY 12233

Date: Wednesday, December 2, 2009
Time: 2:00 p.m.
Location: NYS DEC - Region 8 Office Conference Room, 6274 East Avon-Lima Road (Routes 5 and 20), Avon, NY 14414

Date: Thursday, December 3, 2009
Time: 2:00 p.m.
Location: NYSDEC Annex - Region 2, 11-15 47th Avenue, Hearing Room 106, Long Island City, NY 11101

Requests for information and comments related to Part 218 and 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: 218zev@gw.dec.state.ny.us. Written statements may be submitted to NYS DECat the above address, until 5 p.m., December 10, 2009.

Requests for information and comments related to Parts 204, 237, and 238 may be obtained from Mike Miliani, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: endadrp@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5 p.m., December 10, 2009.

Requests for information and comments related to Parts 243, 244 and 245 may be obtained from Mike Miliani, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: endadrp@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5 p.m., December 10, 2009.

Requests for information and comments related to Part 249 may be obtained from Scott Griffin, NYS DEC- Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: 249bart@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5 p.m., December 10, 2009.

Requests for information and comments related to the SIP revisions may be obtained from Robert D. Bielawa, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone (518) 402-8396, E-mail airsips@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5 p.m., December 10, 2009.

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

NYS DEC 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. NYS DEC 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.

NYS DEC 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., November 13, 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 regulations, SIP revisions, and associated supporting information may be obtained from any of the following NYS DEC offices:

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

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

Region 3 - NYS DEC-Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb

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

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

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

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

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

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


Municipalities And Owners/Operators Of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #9 to the Drinking Water State Revolving Fund Intended Use Plan issued September 30, 2008 was published in the November 4, 2009 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #9 closed on November 19, 2009. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

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 identify two projects that met the criteria established for receiving funding from the American Recovery and Reinvestment Act (ARRA). The ARRA projects and their estimated project funding amounts are provided in the following table:

Applicant
Name
County Project
Description
Project
No.
Estimated
Assistance
Amount
Estimated
Principal
Forgiveness
Amount
Estimated
Closing
Date
Monroe
County
Water
Authority
Monroe Construction
of raw water
intake
tunnel
and a
portion
of the
transmission
mains
for the
Eastside
WTP.
16323 $35,500,000 $17,750,000 11/30/09
Onondaga
County
Water
Authority
Onondaga Replace
uncovered
Western
20 mg
storage
reservoir
with
covered
concrete
tank to
meet
SWTR
LT2
regulation.
17458 $12,592,856 $3,896,756 11/30/09

For more information contact:

Charles Amento
NYS DOH - Bureau of Water Supply Protection
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Phone: (518) 402-7650


Draft Hazardous Waste Facility Siting Plan

Public Comment Period Extended

The public comment period for the Draft Hazardous Waste Facility Siting Plan and Draft Generic Environmental Impact Statement (GEIS) has been extended from December 14, 2009 to January 14, 2010.

The Siting Plan is intended to help guide state agencies, authorities and other entities to make decisions regarding the siting of facilities for management and disposal of hazardous waste, so as to assure management capacity of hazardous wastes generated in New York. The Draft GEIS evaluates and addresses potential significant impacts the draft plan may have on the environment.

The draft documents can be found on the New York State Department of Environmental Conservation (NYS DEC) website at: http://www.dec.ny.gov/chemical/46542.html.

Written comments will be accepted if received by the close of business on January 14, 2010. Comments can be sent to John Iannotti, NYS DEC - Division of Solid and Hazardous Materials, 625 Broadway, Albany, New York 12233-7250. They can also be faxed to (518) 402-9024, or E-mailed to: hwsiting@gw.dec.state.ny.us.


Draft Commissioner Policy

The New York State Department of Environmental Conservation (NYS DEC) has prepared a draft Commissioner Policy entitled "Procedure to Demonstrate Compliance with Financial Test Requirements of Financial Assurance Regulations for Hazardous Waste Management Facilities."

This Draft Policy provides for the use of enforcement discretion by the NYS DEC to allow Hazardous Waste Management facilities to comply with the policy in lieu of one specific financial assurance requirement of 6 NYCRR Subclauses 373-2.8(d)(5)(iii)('c')('2'), 373-2.8(f)(5)(iii)('c')('2'), 373-2.8(h)(6)(iv)('c')('2'), 373-3.8(d)(5)(iii)('c')('2'), 373-3.8(f)(5)(iii)('c')('2') and/or 373-3.8(h)(6)(iv)('c')('2'), namely a "negative assurance" statement which is no longer allowed under American Institute of Certified Public Accountant (AICPA) standards.

Project is an Unlisted Action under the State Environmental Quality Review Act (SEQRA) and will not have a significant impact on the environment. A Negative Declaration is on file. The NYS DEC is the only involved agency.

A copy of the draft policy is available from: Parag Amin, NYS DEC - Division of Solid and Hazardous Materials, 625 Broadway, 9th Floor, Albany, New York 12233-7251, Phone: (518) 402-8610. The Draft Policy may also be found at: http://www.dec.ny.gov/chemical/60187.html.

Written comments on the draft Policy will be accepted for 30 days from the date of publication of this notice. Written comments should be addressed to Paul R. Counterman, NYS DEC - Division of Solid and Hazardous Materials, Bureau of Hazardous Waste Regulation, 625 Broadway, 9th Floor, Albany, NY 12233-7251.

Contact: James W. Dolen, Jr., NYS DEC - Division of Solid and Hazardous Materials, 625 Broadway, Albany, NY 12233-7251, Phone: (518) 402-8610.


  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions