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ENB - Statewide Notices 12/23/2009

Public Notice

Pursuant to the Environmental Conservation Law section 13-0309, subdivision 12, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Subpart 43-2 pertaining to surfclam/Ocean quahog fishery management in the New York State waters of the Atlantic Ocean. This notice will be published in issue 51 of the State Register, dated December 23, 2009.

For further information please contact:

Debra Barnes
NYS DEC - Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0483
E-mail: dabarnes@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Part 212, General Process Emission Sources

Pursuant to Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0311, 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 (NYS DEC) proposes to revise 6 NYCRR Part 212, General Process Emission Sources. NYS DEC is also proposing to revise the State Implementation Plan (SIP) by incorporating Part 212. Part 212 is being revised to include new requirements for the control of oxides of nitrogen (NOx) at hot mix asphalt production plants throughout the state. Small burners will require an annual burner tune-up. For large burners, a control technology assessment analyzing the technical and economic feasibility of potential controls must be performed. A related permit modification application, including the control technology assessment for large burners, will be due to NYS DEC by June 1, 2010. Approved control equipment or other emission reduction methods will need to be installed and tested by January 1, 2012.

For further information, contact:

Scott Griffin
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3251
Phone: (518) 402-8396
E-mail: 212asph@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, 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 New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) proposes to amend 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200, General Provisions to incorporate revisions California has made to its greenhouse gas (GHG) standards. These GHG regulations will apply to all 2009 and subsequent model year passenger cars, light-duty trucks, and medium-duty passenger vehicles.

For further information, contact:

Jeff Marshall
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292
E-mail: 218ghg@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Part 220, Portland Cement Plants and Glass Plants
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311, the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) proposes to amend 6 NYCRR Parts 200, General provisions, and 220, Portland Cement Plants. The current Part 220 will be divided into two sub-parts: 220-1 for portland cement plants; and 220-2 for glass manufacturing plants. In addition to other requirements, the existing regulation imposes Reasonably Available Control Technology (RACT) requirements on emissions of oxides of nitrogen (NOx) from portland cement kilns. The existing NOx RACT requirements for portland cement kilns have been in place since 1995. NYS DEC is proposing to revise Part 220 to require updated NOx RACT for cement kilns at portland cement plants (Subpart 220-1), and to require NOx RACT for glass furnaces at glass plants (Subpart 220-2). The proposed revisions will apply to major facilities only. Major facilities are those that have a potential to emit NOx emissions that exceed 100 tons/yr (upstate) and 25 tons/yr (downstate). In addition to the proposed revisions to Part 220, NYS DEC is also proposing to revise to Part 200 by adding two new definitions; continuous emissions monitoring system (CEMS) certification protocol, and CEMS plan.

For further information, contact:

Robert Stanton
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: 220cement@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Subpart 227-2 Reasonably Available Control Technology (RACT) For Oxides of Nitrogen (NOx)
6 NYCRR Part 200, General Provisions
6 NYCRR Subpart 201-3, Exemptions and Trivial Activities

Pursuant to Environmental Conservation Law, Sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311 the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) proposes to revise 6 NYCRR Part 200 and Subparts 201-3 and 227-2. NYS DEC proposes to include these revisions in the State Implementation Plan (SIP). Part 200 is being revised to include several definitions currently residing in Subpart 227-2. At the same time these definitions are being removed from Subpart 227-2. Subpart 201-3 is being revised to lower the stationary or portable combustion installation exemption from 20 mmBtu/hr heat input to 10 mmBtu/hr heat input. Subpart 227-2 is being revised by lowering the emission limits for very large boilers, large boilers, mid-size boilers, small boilers, and a case-by-case RACT analysis for combined cycle/cogeneration combustion turbines. These revisions will also include new shutdown and system-wide averaging options for compliance. Subject facilities must submit, by January 11, 2011, either a complete application for a permit or a RACT analysis that explains that the control technology the facility currently employs should still be considered RACT for that source. Sources subject to the new emission limits must demonstrate compliance by July 1, 2012, unless they choose to utilize the shutdown compliance provision (shutdown must occur no later than December 31, 2012).

For further information, contact:

Robert J. Stanton
NYSDEC - Division of Air Resources
625 Broadway|
Albany, NY 12233-3251
Phone: (518) 402-8403
E-mail: 227ract@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Part 228, Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 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 (NYS DEC) is proposing a rule which will limit emissions of volatile organic compounds (VOCs) from commercial and industrial adhesives, sealants and primers. New York State is proposing this rule in response to the United States Environmental Protection Agency (US EPA) designation of New York State as non-attainment for its 8-hour ozone National Ambient Air Quality Standard. The associated VOC emissions reductions from this proposed rule will be used as part of NYS DEC's plan for New York State to attain the ozone standard. The proposed rule will be added to Part 228 as Subpart 228-2, with the existing Part 228 rule, Surface Coating Processes, renumbered as Subpart 228-1. The proposed rule is based on a model rule which was developed by the Ozone Transport Commission (OTC) as part of a regional effort to attain and maintain the eight-hour ground level ozone standard and reduce eight-hour ozone levels. New York State is among the OTC participating states opting to promulgate ozone emission reduction rules based on this model rule. Also being amended is Part 200, General Provisions, and associated revisions to New York's State Implementation Plan.

For further information, contact:

Ralph Itzo
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: 228scp@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Part 234, Graphic Arts
6 NYCRR Part 200, General Provisions
6NYCRR Part 201, Permits and Regulations

Pursuant to Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0305, and the Federal Clean Air Act, Sections, 172(c)(1), 182(b)(2)(A), and 182(b)(1)(B), the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) proposes to amend 6 NYCRR Part 234 Graphic Arts, Part 200 General Provisions, and Part 201 Permits and Regulations to incorporate requirements outlined in the United States Environmental Protection Agency's 'Control Techniques Guidelines for Flexible Package Printing' and 'Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing'.

The proposed Part 234 revisions expand the regulation's applicability to include letterpress printing and establish RACT requirements on facilities that engage in flexographic, offset lithographic and rotogravure printing; they also impose requirements for graphic arts coatings and adhesives, and cleaning solutions used in letterpress and offset lithographic printing. The proposed revisions to Part 200 will update two references in Table 1 of section 200.9. The publication date and page numbers of the referenced documents will be updated to the 2006 Code of Federal Regulations. In addition, the proposed amendments to Part 201 revise the criteria for a graphic arts process to obtain an exemption at 6 NYCRR 201-3.2(c)(13). In order to qualify for the exemption, graphic arts processes must be located outside a severe ozone non-attainment area and have facility-wide VOC emissions less than three tons per year on a 12-month rolling basis. Trivial activity listed at 6 NYCRR 201-3.3(c)(23) is also being revised to delete 'Letter Press Operations' and add 'Proof Press Operations'.

For further information, contact:

Robert Stanton
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: 234arts@gw.dec.state.ny.us


Hearing Notice

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

a) proposed revisions to 6 NYCRR Part 212, General Process Emission Sources, and revisions to the State Implementation Plan (SIP) to incorporate the proposed revisions to Part 212;
b) 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;
c) proposed revisions to 6 NYCRR Part 220, Portland Cement Plants and attendant revisions to 6 NYCRR Part 200, General Provisions, and revisions to the SIP to incorporate the proposed revisions to Part 220 and attendant revisions to Part 200;
d) proposed revisions to 6 NYCRR Subpart 227-2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx) and attendant revisions to 6 NYCRR Part 200, General Provisions and 6 NYCRR Subpart 201-3, Exemptions and Trivial Activities, and revisions to the SIP to incorporate the proposed revisions to Subpart 227-2 and attendant revisions to Part 200 and Subpart 201-3;
e) proposed revisions to 6 NYCRR Part 228, Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers, and attendant revisions to Part 200, General Provisions, and revisions to the SIP to incorporate the proposed revisions to Part 228 and Part 200;
f) proposed revisions to 6 NYCRR Part 234, Graphic Arts and attendant revisions to 6 NYCRR Part 200, General Provisions and 6 NYCRR Part 201, Permits and Registrations, and revisions to the SIP to incorporate the proposed revisions to Part 234 and attendant revisions to Part 200 and Part 201.

The statutory authority for the amendments to Part 212 is Environmental Conservation Law (ECL) sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103, and 71-2105.

The statutory authority for the amendments to Part 218 and attendant revisions to Part 200 is 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 federal Clean Air Act section 177.

The statutory authority for the amendments to Part 220 and attendant revisions to Part 200 is ECL sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311.

The statutory authority for the amendments to Subpart 227-2 and attendant revisions to Part 200 and Subpart 201-3 is ECL sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0311 and federal Clean Air Act sections 182(f) and 182 (b)(2)(c).

The statutory authority for the amendments to Part 228 and attendant revisions to Part 200 is ECL sections 1-0101, 1-0303, 3-0301, 19-0101, 19-0105, 19-0107, 19-0305, 71-2105 and 71-2105.

The statutory authority for the amendments to Part 234 and attendant revisions to Part 200 and Part 201 is ECL sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0305, and federal Clean Air Act sections, 172(c)(1), 182(b)(2)(A), and 182(b)(1)(B).

NYS DEC proposes to revise Part 212, General Process Emission Sources to include control requirements for hot mix asphalt production plants for the purpose of reducing NOx emissions. Small burners will require an annual burner tune-up, while large burners will require an assessment of potential NOx control technologies. A related permit modification application will be due to NYS DEC by June 1, 2010, and equipment or other emission reduction methods will need to be installed and tested by January 1, 2012.

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 incorporate California's latest greenhouse gas (GHG) standards into New York's existing low emission vehicle (LEV) program. The proposed amendments would provide vehicle manufacturers with the voluntarily option of demonstrating compliance based on the total number of passenger cars, light-duty trucks, and medium-duty passenger vehicles sold in New York, California, and all other states that have adopted California's GHG emission standards under Section 177 rather than the current GHG fleet average requirements in each state. The GHG revisions to Part 218 would apply to all 2009 and subsequent model year passenger cars, light-duty trucks, and medium-duty passenger vehicles.

NYS DEC proposes to revise Part 200 and Subparts 201-3 and 227-2. Part 200 is being revised to include several definitions currently residing in Subpart 227-2. At the same time these definitions are being removed from Subpart 227-2. Subpart 201-3 is being revised to lower the stationary or portable combustion installation exemption from 20 mmBtu/hr heat input to 10 mmBtu/hr heat input. Subpart 227-2 is being revised to lower the emission limits for very large boilers, large boilers, mid-size boilers, and small boilers. Also, for combined cycle/cogeneration combustion turbines a case-by-case RACT analysis will be performed to determine RACT. These revisions will also include new shutdown and system-wide averaging options for compliance. Subject facilities must submit, by January 1, 2011, either a complete application for a permit or a RACT analysis that explains that the control technology the facility currently employs should still be considered RACT for that source. Sources subject to the new emission limits must demonstrate compliance by July 1, 2012, unless they choose to utilize the shutdown compliance provision (shutdown must occur no later than December 31, 2012).

NYS DEC proposes to revise Part 200 and Part 220. The current Part 220 will be divided into two subparts: 220-1 for portland cement plants; and 220-2 for glass manufacturing plants. In addition to other requirements, the existing regulation imposes Reasonably Available Control Technology (RACT) requirements on emissions of NOx from portland cement kilns. The existing NOx RACT requirements for portland cement kilns have been in place since 1995. NYS DEC is proposing to revise Part 220 to require updated NOx RACT for cement kilns at portland cement plants (Subpart 220-1), and to require NOx RACT for glass furnaces at glass plants (Subpart 220-2). The proposed revisions will apply to major facilities only. Major facilities are those that have a potential to emit NOx emissions that exceed 100 tons/yr (upstate) and 25 tons/yr (downstate). In addition to the proposed revisions to Part 220, NYS DEC is also proposing to revise to Part 200 by adding two new definitions; continuous emissions monitoring system (CEMS) certification protocol, and CEMS plan.

NYS DEC proposes to revise Part 200 and Part 228. The proposed amendments will limit emissions of volatile organic compounds (VOCs) from commercial and industrial adhesives, sealants and primers. New York State is proposing this rule in response to the United States Environmental Protection Agency (US EPA) designation of New York State as non-attainment for its 8-hour ozone National Ambient Air Quality Standard. The associated VOC emissions reductions from this proposed rule will be used as part of NYS DEC's plan for New York State to attain the ozone standard. The proposed rule will be added to Part 228 as Subpart 228-2, with the existing Part 228 rule, Surface Coating Processes, renumbered as Subpart 228-1. The proposed rule is based on a model rule which was developed by the Ozone Transport Commission (OTC) as part of a regional effort to attain and maintain the eight-hour ground level ozone standard and reduce eight-hour ozone levels. New York State is among the OTC participating states opting to promulgate ozone emission reduction rules based on this model rule. Also being amended is Part 200, General Provisions, and associated revisions to New York's SIP.

NYS DEC proposes to revise Part 200, Part 201, and Part 234 to incorporate requirements outlined in the US Environmental Protection Agency's 'Control Techniques Guidelines for Flexible Package Printing' and 'Control Techniques Guidelines for 'Offset Lithographic Printing and Letterpress Printing.' The proposed Part 234 revisions expand the regulation's applicability to include letterpress printing and establish RACT requirements on facilities that engage in flexographic, offset lithographic and rotogravure printing; they also impose requirements for graphic arts coatings and adhesives, and cleaning solutions used in letterpress and offset lithographic printing. The proposed revisions to Part 200 will update two references in Table 1 of section 200.9. The publication date and page numbers of the referenced documents will be updated to the 2006 Code of Federal Regulations. In addition, the proposed amendments to Part 201 revise the criteria for a graphic arts process to obtain an exemption at 6 NYCRR 201-3.2(c)(13). In order to qualify for the exemption, graphic arts processes must be located outside a severe ozone non-attainment area and have facility-wide VOC emissions less than three tons per year on a 12-month rolling basis. Trivial activity listed at 6 NYCRR 201-3.3(c)(23) is also being revised to delete 'Letter Press Operations' and add 'Proof Press Operations'.

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: Monday, February 8, 2010
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: Tuesday, February 9, 2010
Time: 2:00 p.m.
Location: NYS DEC, 625 Broadway, Public Assembly Room 129-B, Albany, NY 12233

Date: Wednesday, February 10, 2010
Time: 2:00 P.M.
Location: NYS DEC - Region 2 Annex, 11-15 47th Ave., Hearing Room 106, Long Island City, NY 11101

Requests for information and comments related to Part 212 may be obtained from Scott Griffin, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, or E-mail: 212asph@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Wednesday, February 17, 2010.

Requests for information and comments related to Part 218 may be obtained from Jeff Marshall, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, Phone: (518) 402-8292, or E-mail: 218ghg@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Wednesday, February 17, 2010.

Requests for information and comments related to Part 220 and Part 200 may be obtained from Rick Leone, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, or E-mail: 220cement@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Wednesday, February 17, 2010.

Requests for information and comments related to Subpart 227-2, Part 200 and Subpart 201-3 may be obtained from Mike Jennings, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, or E-mail: 227ract@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Wednesday, February 17, 2010.

Requests for information and comments related to Part 228, Part 200 may be obtained from Ralph Itzo, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, or E-mail: 228scp@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Wednesday, February 17, 2010.

Requests for information and comments related to Part 234, Part 200 and Part 201 may be obtained from John Henkes, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, or E-mail: 234arts@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Wednesday, February 17, 2010.

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 5:00 p.m., Wednesday, February 17, 2010.

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., Wednesday, January 20, 2010, 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


Clean Water State Revolving Fund (CWSRF)

CWSRF Amended Regulations Notice of Adoption

The New York State Environmental Facilities Corporation (NYS EFC) has adopted the amendments to the New York State Clean Water Revolving Fund (CWSRF) Regulations, currently codified under 21 NYCRR Part 2602. The CWSRF program was created and is jointly administered by the New York State Department of Environmental Conservation (NYS DEC) and the NYS EFC pursuant to Chapter 565 of the Laws of 1989.

The amended 21 NYCRR Part 2602 sets forth rules and procedures whereby NYS EFC can implement the requirements and objectives of Public Law 111-5, also known as the American Recovery and Reinvestment Act of 2009, in order to enable the CWSRF to accept and expend federal funds to stimulate the economy and to retain and create jobs for the benefit of the people of New York State.

The NYS EFC CWSRF amended regulations notice of final adoption was filed with the Department of State on December 15, 2009. The notice of adoption will be published in the State Register on December 30, 2009, and the amended regulations will be effective as of that date. The amendment was commenced by way of a Notice of Emergency Adoption and Proposed Rulemaking, which was filed with the Department of State on April 13, 2009 and published in the State Register on April 29, 2009.

The NYS EFC CWSRF amended regulations are available on the NYS EFC web page at: www.nysefc.org (Click on "Programs", then "Clean Water State Revolving Fund", then "Regulations").

For a copy of the NYS EFC CWSRF regulation revisions, or information on the CWSRF program, please contact:

David Morseman
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 (within NYS only) or (518) 402-7396
Fax: (518) 402-7456
E-mail: morseman@nysefc.org


Drinking Water State Revolving Fund (DWSRF)

DWSRF Amended Regulations Notice of Adoption

The New York State Environmental Facilities Corporation (NYS EFC) has adopted the amendments to the New York State Drinking Water Revolving Fund (DWSRF) Regulations, currently codified under 21 NYCRR Part 2604. The DWSRF program was created and is jointly administered by the New York State Department of Health (NYS DOH) and the NYS EFC pursuant to Chapter 413 of the Laws of 1996.

The amended 21 NYCRR Part 2604 sets forth rules and procedures whereby NYS EFC can implement the requirements and objectives of Public Law 111-5, also known as the American Recovery and Reinvestment Act of 2009, in order to enable the DWSRF to accept and expend federal funds to stimulate the economy and to retain and create jobs for the benefit of the people of New York State.

The NYS EFC DWSRF amended regulations notice of adoption was filed with the Department of State on December 15, 2009. The notice of adoption will be published in the State Register on December 30, 2009, and the amended regulations will be effective as of that date. The amendment was commenced by way of a Notice of Emergency Adoption and Proposed Rulemaking, which was filed with the Department of State on September 9, 2009 and published in the State Register on September 30, 2009.

The NYS EFC DWSRF amended regulations are available on the NYS EFC web page at: www.nysefc.org (Click on "Programs", then "Drinking Water State Revolving Fund", then "Regulations").

For a copy of the NYS EFC DWSRF regulation revisions, or information on the DWSRF program, please contact:

David Morseman
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 (within NYS only) or (518) 402-7396
Fax: (518) 402-7456
E-mail: morseman@nysefc.org


Notice of Availability of Final Program Policy on How to Prepare a Spill Prevention Report for a Chemical Bulk Storage Facility (DER-26)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a program policy that establishes guidance on how to prepare a Spill Prevention Report (SPR) required by 6 NYCRR 598.1(k) of the Chemical Bulk Storage (CBS) regulations.

6 NYCRR 598.1(k) sets forth the minimum requirements for an SPR. As stated in DER-12, Application Review Policy for Petroleum Bulk Storage (PBS) and CBS Registration Applications, the cover page, table of contents, and signature page of the facility SPR must be submitted with the registration application for a CBS facility. These excerpts from the SPR document that the SPR has been updated and is signed by an appropriate person. The SPR has been a requirement of CBS regulations since 1994, however, the recent implementation of DER-12 has alerted many facility owners of the legal requirement to maintain and update the SPR annually.

The proposed Program Policy was published in the December 17, 2008 issue of the Environmental Notice Bulletin, which announced a 30 calendar day public comment period pertaining to the proposed policy and the availability of the full text document for review. NYS DEC received comments during this public comment period and they were addressed. No substantive changes were made from the December 2008 draft.

Pursuant to ECL §3-0301(2)(z), this Program Policy will be effective on January 22, 2010.

The final Program Policy is available on the NYS DEC website at: http://www.dec.ny.gov/regulations/2387.html. In addition, it can be obtained from Cynthia Leece, NYS DEC - Division of Environmental Remediation, Bureau of Technical Support, 625 Broadway, Albany, New York 12233-7020.


Proposed Modifications to the New York State Stormwater Management Design Manual

Draft revised Chapters 5 and 10 of the New York State Stormwater Management Design Manual are being made available today for public review and comment. Revisions to Chapter 5 address green infrastructure stormwater planning measures and runoff reduction techniques. Revisions to Chapter 10 include minor modifications for consistency with proposed changes to other chapters of this Manual. The draft documents are available at: http://www.dec.ny.gov/chemical/41392.html.

The deadline for comments on these Chapters is February 3, 2010.

Please submit comments to:

Shohreh Karimipour
NYS DEC - Division of Water
625 Broadway
Albany, NY 12233-3505
E-mail: sxkarimi@gw.dec.state.ny.us


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