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ENB - Statewide Notices 07/07/2010

Public Notice

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

Notice of Adoption to amend 6 NYCRR Part 40 Marine Fish pertaining to the recreational harvest of summer flounder, scup and black sea bass. This notice will be published in issue 27 of the State Register, dated July 7, 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 Public Meeting

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

The New York Invasive Species Council is convening its ninth regular meeting on:

Date: Thursday, July 15, 2010
Time: 9:30 a.m. to 2:00 p.m.
Location: New York State Department of Transportation
Albany, NY

The Council comprises nine State agencies and is co-led by the New York State Department of Environmental Conservation and the New York State Department of Agriculture and Markets.

This meeting is open to the public. Attendees will be required to show a drivers license or other photo ID at the Security Desk.

Contact: Assistant Commissioner Christopher Amato
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233
Phone: (518) 402-8533

Deputy Commissioner Jacqueline Moody-Czub
New York State Department of Agriculture and Markets
10 B Airline Drive
Albany, NY 12235
Phone: (518) 457-0752

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 (NYS DEC) and the New York State Energy Research and Development Authority (NYSERDA) 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@dec.ny.gov; 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@dec.ny.gov.

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 (August 3, 2010).
    1. E-mail: Stormwater_info@dec.ny.gov
    2. 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 NYSDEC 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, New York 12233-3505, Phone: (518) 402-8111, Fax: (518) 402-9029.

Single-Source State Implementation Plan Revisions for Reasonably Available Control Technology (RACT) for Volatile Organic Compounds and Nitrogen Oxides

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) plans to submit single-source State Implementation Plan (SIP) revisions for Reasonably Available Control Technology (RACT) for 14 facilities to the United States Environmental Protection Agency (EPA) for approval. This supplements a collection of 34 such revisions submitted to EPA in September, 2008.

Title 6 of the New York Codes, Rules and Regulations (NYCRR) contains a number of regulations that define RACT for certain categories of stationary sources. These regulations seek emissions reductions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) in an effort to help attain the 8 hour ozone National Ambient Air Quality Standard (NAAQS).

A facility required to implement RACT must evaluate control strategies based on their economic and technical feasibility. Depending upon the relevant RACT regulation, a source must either meet a presumptive RACT limit, or be held to a case-by-case determination. A presumptive limit is often set as an emission limit and is based on capabilities which are general to a source category. NYS DEC must approve a variance in the event that reaching this presumptive limit is technically or economically infeasible. For a case-by-case determination, a RACT compliance standard is established for each individual source, based on the control options that are "reasonably available" for that source. The table below lists the facilities for which a variance or case-by-case determination is being sent to EPA for approval as a SIP revision.

Facility Pollutant Region
Village of Freeport Power Plant 1 NOx 1
NYC-DEP Owls Head WPCP NOx 2
Revere Smelting & Refining Corp. NOx 3
Holcim (US) Inc - Catskill Plant NOx 4
A. Schonbek & Co., Inc. VOC 5
International Paper Ticonderoga Mill NOx 5
Newton Falls Paper Manufacturing Plant VOC 6
Dominion - Borger Station NOx 7
Kodak Park Division NOx 8
Pactiv Corporation VOC 8
3M Tonawanda VOC 9
TAM Ceramics LLC NOx 9
Globe Metallurgical Inc. NOx 9
Metal Cladding Inc. VOC 9

NYS DEC is providing a 30 day period to comment on the proposed submittal or request a hearing. Written comments should be submitted by August 6, 2010 to: Scott L. Griffin, 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. Mr. Griffin can be reached at (518) 402-8396 with any questions regarding these SIP revisions.

Availability for Comment on Draft TMDLs

This notice announces the availability of a Draft Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) to address each of two specific waterbodies:

Port Bay, Wayne County
Silver Lake, Wyoming County

These are lakes that are impaired by phosphorus. Public comment on these documents will be accepted for 30 days, through August 5, 2010.

Background: States are required by Section 303(d) of the Clean Water Act and the U. S. Environmental Protection Agency's (EPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed phosphorus TMDLs for Port Bay and Silver Lake will rely on voluntary load reduction efforts from the agricultural community to address existing water quality impairments.

Copies of the proposed draft plans can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html#Small, or by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at (518) 402-8179, or via email at dmwicker@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by COB August 5, 2010 will be considered prior to submitting the final TMDLs to the EPA for approval.

Debbie Wickert, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, E-mail: dmwicker@gw.dec.state.ny.us.

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