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ENB - Statewide Notices 06/16/2010

Public Notice

Notice of Public Meeting

Notice is hereby given that the New York State Climate Action Council will hold a public information and comment meeting on the state climate action planning process.

On August 6, 2009, Governor David A. Paterson signed Executive Order 24, setting a goal to reduce New York State's greenhouse gas emissions by 80 percent of their 1990 levels by 2050. The executive order also created the New York State Climate Action Council and directed it to prepare a draft climate action plan by September 30, 2010. The plan will assess how all economic sectors can reduce greenhouse gas emissions and adapt to climate change, and identify the extent to which such actions support New York's goals for a clean-energy economy.

At this second public meeting in the climate action planning process, staff from the New York State Department of Environmental Conservation (NYS DEC) and the New York State Energy Research and Development Authority (NYS ERDA) will describe the process the New York State Climate Action Council is using to develop the climate action plan. Meeting attendees will have the opportunity to ask questions about the state's climate programs and the climate action planning process, and to express their comments. All interested members of the public are invited to attend.

Further information on the climate action planning process is available at: http://www.nyclimatechange.us. The meeting agenda will be available at this Website after June 24.

Date: Thursday, July 8, 2010
Time: 7:00 p.m. to 9:00 p.m.
Location: New York State Public Service Commission
4th Floor Board Room
90 Church Street
New York, NY 10007

Directions are available at: http://www.dps.state.ny.us/locations.html.

Pre-registration is requested but not required. Please pre-register by e-mailing climatechange@gw.dec.state.ny.us; include the words "July 8 Pre-registration" in the subject line.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, New York 12233-1030. Phone: (518) 402-8448 E-mail: climatechange@gw.dec.state.ny.us.


Pursuant to the Environmental Conservation Law sections 11-0903 and 11-1103, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR sections 1.30 and 6.3 pertaining to Deer Management Assistance Permits and Trapping Regulations (pelt seals for beaver). This notice will be published in issue 24 of the State Register, dated June 16, 2010.

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: wildliferegs@gw.dec.state.ny.us


Notice of Revised 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 (NYS DEC) hereby gives notice that it is reproposing to revise existing 6 NYCRRR Part 228 and add a new section which will limit emissions of volatile organic compounds (VOCs) from commercial and industrial adhesives, sealants and primers and to include this rulemaking in the State Implementation Plan (SIP). On December 23, 2009 NYS DEC proposed amendments to Part 228. This rulemaking proposal addresses public comments received on the December 23, 2009 proposal.

Based on comments received during the comment period, a new definition has been added, a process-specific exemption for industrial adhesive and sealants users has been incorporated, the effective date of the proposed rule has been modified, minor changes have been made and typos have been corrected. NYS DEC has reproposed this rule in response to the United States Environmental Protection Agency (EPA) designation of New York State as non attainment for its 8-hour ozone National Ambient Air Quality Standard. The associated volatile organic compound (VOC) emissions reductions from this reproposed rule will be used as part of New York State's plan to attain the ozone standard. The reproposed 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 reproposed 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 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 New York's SIP.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, 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 revisions to submit comments in writing

Requests for information and comments related to Part 228 may be obtained from: Robert Stanton, NYSDEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, 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., July 16, 2010.

The proposed regulation, 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: Merlange Genece

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



Notice of Revised Rulemaking and Public Comment Period

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 (NYS DEC) hereby gives notice that it is proposing to revise existing 6 NYCRR Part 212, General Process Emission Sources, and include these revisions in the State Implementation Plan (SIP). NYS DEC on December 23, 2009 proposed amendments to Part 212. This rulemaking proposal addresses public comments received on the December 23, 2009 proposal.

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. Under this re-proposal, hot mix asphalt plants must perform operational practices, including annual burner tune-ups and stockpile management, beginning in 2011. Beginning in 2012, each plant will be required to analyze the economic feasibility of installing a low NOx burner when it comes time for the current burner to be replaced. All active plants will need to perform this analysis by 2020. A low NOx burner will also be required at any new hot mix asphalt plant.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, 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 revisions to submit comments in writing.

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, 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., July 16, 2010.

The proposed regulation, 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: Merlange Genece

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


Negative Declaration

Albany, Bronx, Brooklyn, Columbia, Dutchess, Greene, Kings, New York, Putnam, Orange, Rensselaer, Richmond, Ulster, Rockland and Westchester Counties (Boroughs of Bronx, Brooklyn, Manhattan, Queens and Staten Island) - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Hudson River Estuarty Action Agenda 2010-2014 will not have a significant adverse environmental impact. The NYS DEC has released the Hudson River Estuary Action Agenda 2010-2014. The Action Agenda 2010-2014 identifies projects proposed to be implemented over a five year period by NYS DEC, in partnership with other agencies and involved stakeholders. This action agenda is a continuation and 2007 Update of the 2005-2009 Action Agenda. The goals of the agenda remain unchanged. Revisions have been made to the targets and proposed actions to better reflect anticipated deliverables. Two former goals, Open Space (5) and Scenic Resources (6) have been combined into a new Goal 5 and a new goal 6, Climate Change has been added. The proposed revisions were reviewed by the program's citizen advisory committee (Hudson River Estuary Management Advisory Committee) and were discussed at a public meeting held on June 8, 2009 in a discussion draft version of the document. A public comment period was open from December 16 - February 22, 2010.

The previous Hudson River Estuary Action Agenda 2005-2009, released January 2006, underwent a complete public review and comment process in 2005, pursuant to SEQRA, and included the development and public review of both the action agenda and a generic environmental impact statement. The 2005-2009 agenda was updated in 2007. A negative declaration was filed for the 2007 update. The generic EIS prepared for the 2005-2009 action agenda applies to the 2010-2014 agenda. Changes made in the 2010-2014 agenda were not considered significant to warrant development of a supplemental EIS at this time. Any specific project that may be undertaken by NYS DEC or other entity as part of an action agenda goal or target will be subject to a complete environmental review under SEQRA as part of that project's review and permitting processes. The Hudson River Estuary Action Agenda 2010-2014 is available on the web at: http://www.dec.ny.gov/lands/5104.html .

The project is located in the Hudson River estuary, from the Troy dam to the Verrazano Narrows, and includes the surrounding watershed, also known as the Hudson River Valley, NewYork.

Contact: Nancy Beard, NYS DEC - Region 3, Hudson River Estuary Program, 21 South Putt Corners Road, New Paltz, NY 12561, Phone: (845) 256-3016. Fax: (845) 255-3649, E-mail: hrep@gw.dec.state.ny.us (Please include the words Hudson River Action Agenda in the subject line of your e-mail.).




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