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ENB - Statewide Notices 06/23/2010

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0901, 11-0903, and 11-0905, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR section 2.25 pertaining to Pheasant Hunting seasons. This notice will be published in issue 25 of the State Register, dated June 23, 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


Pursuant to the Environmental Conservation Law sections 11-0303, 11-1303, 13-0105, 13-0329, 13-0338, 13-0339-a and 13-0340-a the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Parts 40 and 44 pertaining to Lobsters, Crabs, Weakfish, Coastal Sharks, Atlantic Cod and American Lobster. This notice will be published in issue 25 of the State Register, dated June 23, 2010

For further information, please contact:

Stephen W. Heins
NYS DEC - Region 1 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


Notice of Adoption

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

Pursuant to Environmental Conservation Law, Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 9-0305, 71-2103, and 71-2105 and section 177 of the Federal Clean Air Act (42 U.S.C. 7507) the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on June 2, 2010, filed with the New York State Department of State on June 8, 2010, to be effective July 8, 2010, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; and 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines.

This regulation will incorporate California's latest on-road motor vehicle greenhouse gas emission standards and will further the goals of reducing criteria and greenhouse gas pollution from motor vehicles by requiring cleaner vehicles be sold in New York. The amendment will provide manufacturers with compliance flexibility by providing them with the option of demonstrating fleet average compliance utilizing a larger pool of vehicles.

For further information, contact:

Jeff Marshall
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292
E-mail: air.regs@dec.ny.gov


Notice of Adoption

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 (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on June 7, 2010, filed with the New York State Department of State on June 8, 2010, to be effective July 8, 2010, to amend existing 6 NYCRR Part 200, General Provisions, 6 NYCRR Subpart 201-3, Exemptions and Trivial Activities, and 6 NYCRR Subpart 227-2 Reasonably Available Control Technology (RACT) For Oxides of Nitrogen (NOx).

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 Adoption

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

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 (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on, June 7, 2010, filed with the Department of State on June 8, 2010, to be effective July 8, 2010, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; Part 201, Permits and Registrations; and 6 NYCRR Part 234, Graphic Arts.

This regulation will 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 amendment will expand the regulation's applicability to include letterpress printing and establish Reasonably Available Control Technique (RACT) requirements on facilities that engage in flexographic, offset lithographic and rotogravure printing, and will also impose requirements for graphic arts coatings and adhesives, and cleaning solutions used in letterpress and offset lithographic printing.

For further information, contact:

Robert Stanton
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: air.regs@dec.ny.gov


"Clean Data Petition - 1997 Annual PM2.5 Standard Nonattainment Areas - New York-N. New Jersey-Long Island, NY-NJ-CT"

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has submitted a clean data petition to the United States Environmental Protection Agency (US EPA) for the New York portion of the New York-N. New Jersey-Long Island, NY-NJ-CT metropolitan statistical area that was designated nonattainment for the 1997 national ambient air quality standard (NAAQS) for annual PM2.5 (fine particulate matter).

On December 17, 2004, EPA promulgated designations for the 1997 PM2.5 annual NAAQS (40 CFR Part 81). Air quality monitors in the New York State portion of the New York-N. New Jersey-Long Island, NY-NJ-CT metropolitan statistical area now monitor attainment of the NAAQS. To attain this standard, the 3-year average of the weighted annual mean PM2.5 concentrations measured at each monitor (Design Value) within an area over each year must not exceed 15.00 μg/m3. Air quality monitors in the New Jersey and Connecticut portions of the New York-N. New Jersey-Long Island, NY-NJ-CT metropolitan statistical area also show Design Values below 15.00 μg/m3.

The following table contains the 2007-2009 annual PM2.5 design values that are the basis of this petition:

Non Attainment Area - New York State - N. New Jersey-Long Island, NY, NJ, CT
Station AIRS ID Weighted Annual Mean 2007(mg/m3) Weighted Annual Mean 2008(mg/m3) Weighted Annual Mean 2009(mg/m3) Design Value(mg/m3)
Cedarhurst 360590008 11.05 10.87 8.98 10.3
E. Farmingdale 361030002 10.90 10.08 8.08 9.7
Morrisania II 360050080 15.64 13.50 12.70 13.9
Harding/Pfizer 360050083 13.16 ---- ----
(sites combined)+ 360050133 ---- 11.66 9.95 11.6
IS 52 360050110 12.77 11.79 10.82 11.8
JHS 126 360470122 13.85 11.97 10.69 12.2
JHS 45 360610079 13.60 12.20 10.38 12.1
Queens College II 360810124 11.41 10.99 9.53 10.6
Susan Wagner 360850067 11.48 10.74 8.45 10.2
Port Richmond 360850055 12.97 12.09 9.77 11.6
Newburgh 360710002 10.59 9.53 7.93 9.4
Mamaroneck 361191002 11.67 10.97 9.09 10.6
Division St 360610134 13.29 13.19 11.58 12.7

+ EPA approved replacement of Harding lab site with the Pfizer lab site in 2008
therefore, data at these sites are combined.
1 Estimated values due to discontinued monitoring.

EPA's granting of this petition would relieve New York of the requirement to submit a State Implementation Plan (SIP) to demonstrate how the NAAQS for annual PM2.5 would be met. 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.

There are numerous control measures, described in New York State's PM2.5 SIP, which have contributed to decreased emissions of PM2.5 and its precursors. These emission decreases will continue as these measures are further implemented. These reductions have resulted in the decrease in monitored concentrations presented above, and have allowed the PM2.5 annual NAAQS to be attained in the required time period.

A 30 day public comment period is being provided. Written comments should be submitted by 5:00 p.m. on July 26, 2010 to Diana Rivenburgh, 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.


Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York Invasive Species Council has completed a final report:

A Regulatory System for Non-native Species

The New York Invasive Species Council comprises nine State agencies and is co-led by the New York State Department of Environmental Conservation (NYS DEC) and the New York State Department of Agriculture and Markets. The New York Invasive Species Council is required to prepare a report for the Governor and Legislature recommending a system for non-native animal and plant species that contains three lists:

  • a list of prohibited species, which should be unlawful to possess, import, purchase, sell, transport, or introduce except under a permit for disposal, control, research, or education;
  • a list of regulated species, which should be legal to possess, sell, buy, and transport but not be introduced into a free-living state;
  • a list of non-native species that should not be subject to regulation

The report must also recommend a procedure for the review of a non-native species that are not yet on the prohibited, regulated, or unregulated lists.

The draft report recommends a regulatory system for preventing the importation and/or release of non-native species. It would create the first-ever official lists of invasive species for New York State that would apply to all species of animals and plants.

The Report is available on-line at: http://www.dec.ny.gov/animals/63402.html.

Contact: Steve Sanford, NYS DEC - Office of Invasive Species Coordination, 625 Broadway, Albany, NY 12233, Phone: (518) 402-9148, E-mail: sxsanfor@gw.dec.state.ny.us.


Notice of Public Meeting

Notice is hereby given that the New York State Climate Action Council will hold public information and comment meeting on the state climate action planning process on July 8, 2010.

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. The draft climate action plan will be released for public review in November 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 and the New York State Energy Research and Development Authority 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 and on participating in this meeting via web conference or telephone is available at: http://www.nyclimatechange.us. The meeting agenda will be available at this website after July 1.

Date: Thursday, July 8, 2010
Time: 7:00 p.m.
Location: 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 to attend the meeting in New York City. Please pre-register by e-mailing climatechange@gw.dec.state.ny.us; include the words "July 8 Pre-registration" in the subject line. Meeting attendees must be prepared to present photographic identification.

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.


Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) propose to amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated October 1, 2009 to comply with the requirements of the Federal Fiscal Year (FFY) 2010 DWSRF Appropriation. The Appropriation Bill requires that the IUP contain a description of the intended uses of the Additional Subsidization and the Green Project Reserve as well as the application of the Davis-Bacon Wage Act to FFY 2010 DWSRF assistance agreements. In addition, three (3) projects associated with 1998 and 1999 leveraged financings are being included as part of a bond refunding.

You can view Draft Amendment #2 to the DWSRF IUP dated October 1, 2009 at: http://www.health.ny.gov/environmental/water/drinking/water.htm.

Written statements or comments on DWSRF Draft Amendment #2 will be accepted by fax or mail until close of business on July 8, 2010 and should be filed with:

Victor E. Pisani.
NYS DOH - Bureau of Water Supply Protection
Flanigan Square
547 River Street, Room 400
Troy, New York 12180-2216
Fax Number: (518) 402-7659


Final Amendment No. 1 to the FFY 2010 CWSRF Intended Use Plan
Additional Funding Availability; Additional Subsidization; Fund Adjustments; and Amended Annual Project Priority List

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2010 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects is amended.

Amendment No. 1 reflects the policies and procedures for the administration of portions of New York State's FFY 2010 CWSRF appropriation to be used for additional subsidization in the form of principal forgiveness, and presents the criteria for selection of projects to receive these funds. The amendment also reflects the availability of an additional $15 million in resources from the FFY 2009 IUP, $25 million in capital released from long term investments back to the CWSRF program, and approximately $5 million identified in the 2010 IUP as issued in the fall of 2009 for additional subsidization that is no longer available for that use that is now available for use in the 2010 IUP financing period. These funds will be available to finance projects during the FFY 2010 IUP financing period. The amendment also sets deadlines for submission of financing applications for projects on the 2010 IUP Annual List.

The amendment includes the shifting of eleven projects on the Annual Project Priority List from Category A to Category B and one project from Category B to Category A based on population figures. It also includes the addition of six projects associated with previous leveraged financings that are part of a bond refunding, two projects that pre-dated implementation of ARRA that had been included in ARRA projects, and three projects that were inadvertently omitted from the final 2010 IUP Annual List. These changes, in addition to project by-passing and cost adjustments, affect the sources and uses of funds for FFY 2010.

Due to additional changes, the comment period for Revised Draft Amendment No. 1 was extended and remained open until the close of business, Friday, May 7, 2010. Three parties provided NYS EFC with comments on Draft Amendment No. 1 regarding Additional Subsidization relating to the definition of disadvantaged community, amounts of additional subsidization to categories, and the amount of maximum additional subsidization to each project in the categories. Responses to these comments are included in the Public Review and Comment section of the Final Amendment No. 1 and in response letters that were mailed to each party. Further clarifications have been made to the Additional Subsidization section of the Final Amendment based on NYS EFC's responses to these comments. Amendment No. 1 is now considered final.

The Final Amendment No. 1 will be available on the NYS EFC website at: www.nysefc.org (click on "Programs," then "Clean Water State Revolving Fund," then "IUP and Amendments"). A copy of Final Amendment No. 1 can also be requested by calling the NYS EFC toll-free line at (800) 882-9721 or at (518) 402-7396.

For additional 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 or (518) 402-7396
E-mail: morseman@nysefc.org


Notice of Rescission of Technical and Administrative Guidance Memoranda in the Division of Environmental Remediation

Notice is hereby given that the Division of Environmental Remediation in the New York State Department of Environmental Conservation (NYS DEC) has rescinded the following Technical and Administrative Guidance Memoranda (TAGMs) on May 19, 2010. These guidance and policy documents were rescinded because they have been replaced by new Program Policy DER-10 Technical Guidance for Site Investigation and Remediation, which was issued on May 3, 2010.

  • Phase II Investigation Generic Work Plan - TAGM 4007
  • Phase II Investigation Oversight Guidance - TAGM 4008
  • Emergency Hazardous Waste Drum Removal/Surficial Cleanup Procedures -TAGM 4013
  • Alteration of Groundwater Samples Collected for Metals Analysis - TAGM 4015
  • Phase I Investigations - TAGM 4018
  • Phase II Investigation Oversight Note Taking - TAGM 4019
  • Guidelines for Remedial Investigations/Feasibility Studies - TAGM 4025
  • Selection of Remedial Actions at Inactive Hazardous Waste Sites - TAGM 4030
  • Fugitive Dust Suppression and Particulate Monitoring Program at Inactive Hazardous Waste Sites - TAGM 4031
  • Disposal of Drill Cuttings - TAGM 4032
  • Interim Remedial Measures (IRM) -TAGM 4042
  • IRM Procedures - TAGM 4048
  • Remedial Actions by PRPs - TAGM 4056

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012; Phone: (518) 402-9764 or E-mail.


Notice of Withdrawal of Proposed Program Policy for Real Property Eligibility Opinions for the Brownfield Cleanup Program (DER-30)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has withdrawn from consideration the proposed Program Policy that outlined the procedures and circumstances under which DEC will issue an opinion on eligibility for participation in the Brownfield Cleanup Program relative to real property within a Brownfield Opportunity Area (BOA) study area or designated BOA pursuant to General Municipal Law Section 970-R.

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764 or e-mail.


Notice Of Intent and Stormwater Management Plan for State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) (GP-0-10-002)

To provide an opportunity for the public to review and comment on the Notices Of Intent (NOI)s submitted to gain coverage under the MS4 GP-0-10-002, according to part II.B. of this general permit, the NOIs received by the New York State Department of Environmental Conservation (NYS DEC) are public noticed. For the MS4s that were previously covered under the GP-0-08-002, the availability of their stormwater management program (SWMP) plans and the 2009-2010 annual reports (ARs) are made available as an update to the initial NOIs.

An NOI Availability Report (including new NOIs and the location of the SWMPs and ARs) is posted on: http://www.dec.ny.gov/chemical/41392.html. The updates to the NOI Availability Reports will be periodically posted on the Environmental Notice Bulletin.

The NYS DEC reserves the right to require any applicant seeking or maintaining coverage under GP-0-10-002 to apply for an individual or alternative SPDES general permit, or accept the NOI as complete. The process of public noticing and public involvement is described below:

1. Written comments on the NOIs and SWMP plan must be submitted to the following addresses within 28 days from this ENB posting (July 21, 2010).
a. E-mail: Stormwater_info@dec.ny.gov
b. MS4 stormwater coordinators as identified in the NOI or SWMP

2. Upon the receipt of the comments, the NYS DEC will start an evaluation, examine the issues against the public comments previously received and evaluated by the MS4s and historical records of the MS4 activities, address the issue raised by commenter, or propose a change to the NOI or SWMP.

3. Based on the outcome of this process, the NYS DEC will make a decision as to whether coverage under GP-0-10-002 can be provided or maintained, or issuance of an individual or alternative SPDES general permit should be considered.

Contact: Shohreh Karimipour, NYS DEC - Division of Water, Bureau of Water Permits, 625 Broadway, Albany, NY 12233-3505, Phone: (518) 402-8123, Fax: (518) 402-9029.


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