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ENB - Statewide Notices 08/04/2010

Public Notice

Environmental Board Meeting

The New York State Department of Environmental Conservation (NYS DEC) hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., August 10, 2010 in Room 129 at the NYS DEC main office at 625 Broadway, Albany, New York.

The Environmental Board will consider the following rulemaking actions of the NYS DEC:

  • Part 202, Emissions Verification
  • Part 212, General Process Emission Sources
  • Part 228, Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers; and Part 200, General Provisions
  • Part 241, Asphalt Pavement and Asphalt Based Surface Coating; Part 205, Architectural and Industrial Maintenance (AIM) Coatings; Part 211, General Prohibitions; and Part 200, General Provisions

This meeting is open to the public.

Contact: Ruth L. Earl, Executive Secretary, State Environmental Board, NYS DEC, 625 Broadway, Albany, NY 12233.

This meeting will be webcast. To observe the meeting go to: www.dec.ny.gov/public/36245.html.


Pursuant to the Environmental Conservation Law section 11-0535, 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 Part 182 pertaining to Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern. This notice will be published in issue 31 of the State Register, dated August 4, 2010.

For further information, please contact:

Dan Rosenblatt
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8884
E-mail: wildliferegs@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Part 217, Motor Vehicle Emissions

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, and 71-2105, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The NYS DEC proposes to amend 6 NYCRR Part 217, Motor Vehicle Emissions, to effect program changes to the existing New York Transient Emissions Short Test (NYTEST) and New York Vehicle Inspection Program (NYVIP) motor vehicle inspection and maintenance (I/M) programs. NYS DEC proposes to end the NYTEST program on December 31, 2010 and to implement revised NYVIP program modifications beginning on January 1, 2011.

NYS DEC proposes to amend Subpart 217-1, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements, and Subpart 217-4, Inspection and Maintenance Program Audits, to end the NYTEST program on December 31, 2010.

NYS DEC proposes that revised NYVIP program modifications would be implemented through a new Subpart 217-6, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements Beginning January 1, 2011. NYS DEC proposes an additional on-board diagnostic (OBDII) criterion that would cause a vehicle to fail the NYVIP emissions inspection if a vehicle was tampered with by the installation of aftermarket parts as prohibited by 6 NYCRR Part 218-7. NYS DEC proposes mandatory statewide OBDII inspections for light-duty diesel powered vehicles effective on January 1, 2012. NYS DEC proposes a clarification that OBDII inspection requirements apply to vehicles with a gross vehicle weight rating (GVWR) of 8,500 pounds and less. Lastly, NYS DEC proposes I/M program audit requirements under Section 217-6.5.

For further information, contact:

James J. Clyne
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292
E-mail: 217mve@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 (NYS DEC) hereby gives notice of the following:

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 to allow federal GHG emission standards as an alternative compliance option. These GHG regulations will apply to all 2012 through 2016 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


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 217, Motor Vehicle Emissions;
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.

The statutory authority for the amendments to Part 217 statutory authority to adopt the proposed amendments is ECL sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 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.

NYS DEC proposes to amend Part 217, Motor Vehicle Emissions, under existing Subparts 217-1 and 217-4 to end the existing NYTEST I/M in the 9-county NYMA on December 31, 2010. NYMA includes Bronx, Kings, Nassau, New York, Richmond, Rockland, Queens, Suffolk, and Westchester Counties. Licensed NYTEST inspection stations will no longer need to comply with existing Subpart 217-1 or Subpart 217-4 requirements after December 31, 2010.

Beginning on January 1, 2011, revised statewide I/M requirements would apply under a new Section 217-6. These requirements include an additional on-board diagnostic (OBDII) failure criterion that would fail vehicles that have been tampered with by the installation of aftermarket parts as prohibited by Subpart 218-7. Mandatory OBDII inspections of light-duty diesel powered vehicles (passenger cars, light-duty trucks) are also proposed, beginning on January 1, 2012. The proposal includes a clarification that bases OBDII inspection applicability on the vehicle manufacturer's gross vehicle weight rating (GVWR). NYS DEC also proposes revised I/M program audit requirements.

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 voluntary option of demonstrating compliance based on federal GHG emission standards rather than the existing California GHG standards. The GHG revisions to Part 218 would apply to all 2012 through 2016 model year passenger cars, light-duty trucks, and medium-duty passenger vehicles.

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, September 7, 2010
Time: 10:00 a.m.
Location: NYS DEC
Public Assembly Room 129-A
625 Broadway
Albany, NY 12233

Date: Wednesday, September 8, 2010
Time: 10:00 a.m.
Location: NYS DEC - Region 2 Annex
Hearing Room 106
11-15 47th Avenue
Long Island City, NY 11101

Requests for information and comments related to Part 217 may be obtained from: James Clyne, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, Phone: (518) 402-8292, or E-mail: 217mve@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m, Wednesday, September 15, 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, September 15, 2010.

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 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, August 25, 2010, to Laura Stevens, NYS DEC - Division of Air Resources, 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: 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 Availability of Proposed New Program Policy regarding the Petroleum Bulk Storage (PBS) Inspection Handbook (DER-25)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a proposed new program policy that provides guidance for Division of Environmental Remediation (DER) staff on how to conduct an inspection at a Petroleum Bulk Storage (PBS) facility in accordance with the PBS regulations, 6 NYCRR 612-614, and the United States Environmental Protection Agency federal Underground Storage Tank (UST) regulations, 40 CFR 280. This handbook addresses inspections for both underground and aboveground storage tanks at these PBS facilities.

This guidance is also designed to provide DER staff with consistent procedures for inspecting PBS facilities, as well as consistent interpretation and application of the PBS regulations. While owners/operators of PBS facilities are not the target audience of this document, they will also benefit from this guidance by knowing what compliance items DER staff will evaluate during PBS inspections.

In some cases, determining compliance with the PBS and UST regulations requires some amount of interpretation to more fully explain what is required and how compliance is achieved. It is DER's policy to provide guidance to define as clearly as practicable what is needed to achieve and maintain compliance with the PBS and UST regulations, and maximize consistency in interpretations among DER staff and the regulated community.

Pursuant to ECL 3-0301(2)(z), written comments regarding this proposed new Program Policy will be accepted until Wednesday, November 3, 2010. Comments should be submitted to: Jim Victor, NYS DEC - Division of Environmental Remediation, Bureau of Technical Support, 625 Broadway, Albany, New York 12233-7020 or E-mailed.

The proposed new Program Policy is available by writing Jim Victor at the address above or calling (518) 402-9543. A copy may also be found on DEC's website at Bulk Storage Guidance Documents.

Contact: Jim Victor, NYS DEC - Division of Environmental Remediation, Bureau of Technical Support, 625 Broadway, Albany, New York 12233-7020, Phone: (518) 402-9543.


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 (NOIs) 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 (September 1, 2010).
a. E-mail: stormh2o@gw.dec.state.ny.us
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, New York 12233-3505, Phone: (518)402-8111, Fax: (518)402-9029.


Notice of Availability

New York State Stormwater Management Design Manual (June 2010)

The New York State Department of Environmental Conservation (NYS DEC) has updated the New York State Stormwater Management Design Manual (Design Manual). The official release date of the Design Manual is August 4, 2010.

The draft updates to the Design Manual were public noticed in the Environmental Notice Bulletin from November 11, 2009 through February 03, 2010. Seven chapters of the Design Manual were re-evaluated to address public comments and are finalized as follows:

  • Chapter 1 - Introduction
  • Chapter 2 - Impacts of New Development
  • Chapter 3 - Stormwater Management Planning
  • Chapter 4 - Unified Stormwater Sizing Criteria
  • Chapter 9 - Redevelopment Projects
  • Chapter 5 - Green Infrastructure Practices
  • Chapter 10 - Enhanced Phosphorus Removal Standards
  • Glossary
  • References

All the chapters of the Design Manual are available at: http://www.dec.ny.gov/chemical/29072.html.

For assistance with the electronic files, please contact Barbara Horton at (518) 402-8111.

Hard copies the Design Manual will be available for order through the Empire State Chapter of the Soil and Water Conservation Society at:
http://www.swcsnewyork.org/content/view/books-publications.html

Contact: Shohreh Karimipour or David Gasper, NYS DEC - Division of Water, Bureau of Water Permits, 625 Broadway, Albany, NY 12233-3505, Phone: (518) 402-8111, Fax: (518) 402-9029.


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