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ENB - Statewide Notices 08/11/2010

Public Notice

Notice of New York State Department of Environmental Conservation (NYS DEC) Program Policy

DAR-11: Electronic Reporting

DAR-11, Electronic Reporting for Air Facilities, has been revised with the following sentence: "Each Responsible Official named on the application will have to supply a notarized signature." This sentence has been added to the 4th paragraph of Section V - Procedures, and to the bottom of the first page of the "Application for Electronic Submittal". This sentence has been added to ensure that the NYS DEC - Division of Air Resources has a signed and notarized signature for all responsible officials that apply for access to the ACER system.

Contact: Thomas Christoffel, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3258, Phone: (518) 402-8401, E-mail: trchrist@gw.dec.state.ny.us.

Notice of Critical Dates and Deadlines

6 NYCRR Part 237, Acid Deposition NOx Budget Trading Program

6 NYCRR Part 238, Acid Deposition SO2 Budget Trading Program

In the March 29, 2010 adoption of revisions to 6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program and 6 NYCRR Part 238, Acid Deposition Reduction SO2 Budget Trading Program, the New York State Department of Environmental Conservation (NYS DEC) rendered Part 237 inoperative upon completion of the 2009-2010 control period, and Part 238 inoperative upon completion of the 2010 control period. On October 28, 2010, the contract that the NYS DEC has with Perrin Quarles Associates for administering the New York Acid Deposition Allowance Tracking System (NADATS) expires. In order to facilitate the orderly transition from the use of the electronic NADATS to a paper system for the last few months of the operation of the Part 237 and Part 238 programs, NYS DEC is announcing the following schedule.

  • September 18, 2010 - For the purpose of determining compliance with the NOx budget emissions limitation, NYS DEC will not accept NOx emissions data submitted pursuant to subpart 237-8 past 6:00 a.m. on this date.
  • September 30, 2010 - NOx Allowance Transfer Deadline.
  • October 21, 2010 - Deadline for any final electronic allowance transfers under Part 238 (SO2).
  • March 1, 2011 - SO2 allowance transfer deadline under Part 238.

The deadlines under Part 237 will allow for close-out of the program prior to the shutdown of NADATS. The deadlines are necessary to ensure that all necessary information is contained in the system to assess compliance prior to the end of the contract. Since the compliance deadline of March 1, 2011 under Part 238 occurs after the shutdown of NADATS, NYS DEC is making all necessary data transfers to complete the process using NYS DEC databases and paper transaction forms. In order to facilitate this process, NYS DEC strongly suggests that compliance entities transfer necessary SO2 allowances from their general account to their compliance account or to their overdraft account, if their facility is comprised of more than one unit, prior to October 21, 2010.

In addition to this notice, NYS DEC is going to send a separate electronic mailing to each account representative under both Parts emphasizing these key dates.

For further information, contact:

Michael P. Sheehan
NYS DEC - Division of Air Resources
625 Broadway
Albany NY 12233-3251
Phone: (518) 402-8396
E-mail: mpsheeha@gw.dec.state.ny.us

Availability for Comment on Draft TMDLs

Extension of Public Comment Period

On July 28, 2010 an Environmental Notice Bulletin (ENB) public notice announced 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 four specific waterbodies:

Chautauqua Lake, Chautauqua County
Buck Pond, Monroe County
Cranberry Pond, Monroe County
Long Pond, Monroe County

These are waterbodies that are impaired by phosphorus.

Because of a delay in preparing the public review documents, public comment on these documents will now be accepted, through September 3, 2010.

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 Dan Hayes at NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8207, or via email at dahayes@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by close of business September 3, 2010 will be considered prior to submitting the final TMDLs to the EPA for approval.

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