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ENB - Statewide Notices 09/08/2010

Public Notice

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 Adoption 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 36 of the State Register, dated September 8, 2010.

For further information please contact:

Gordon R. Batcheller
NYS DEC - Division of Lands and Forests
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8885
E-mail: WildlifeRegs@dec.ny.gov

Meeting Notice

Pollution Prevention and Environmental Compliance Coordinating Council

The Pollution Prevention and Environmental Compliance Coordinating Council hereby gives notice that a meeting of the Council will be held from 10:00 a.m. - 12:00 a.m. September 15, 2010 at NYS Foundation of Science, Technology and Innovation (NYSTAR), 30 South Pearl Street, 11th floor, Albany, New York 12245.

Council members include: the New York State Department of Environmental Conservation, the New York State Environmental Facilities Corporation, Empire State Development, the New York State Energy Research and Development Authority and the New York State Foundation for Science, Technology and Innovation.

The Council will consider the following:

1) Old Business:

  • Review minutes from May 13, 2010
  • Update on proposed dispute resolution process

2) New Business:

  • Pending changes on Council representation due to retirements, budget cutbacks, other reasons
  • Status of P2 Council agencies' programs/services
  • Update of Environmental Programs PDF

3) Selection of a date for the November or December meeting

This meeting is open to the public.

Contact: Patricia Driscoll, Secretary, Pollution Prevention and Environmental Compliance Coordinating Council, Empire State Development, 30 South Pearl Street, Albany, NY 12245, Phone:(518) 292-5103.

Variance From Stage II Vapor Recovery Requirement at E85 Dispensing Pumps

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) plans to submit State Implementation Plan (SIP) revisions for 42 E85 gasoline dispensing sites to the United States Environmental Protection Agency (US EPA) for approval. E85 gasoline is fuel containing up to 85 percent ethanol.

Part 230 of Title 6 of the New York Codes, Rules, and Regulations (NYCRR) contains a requirement to install Stage II vapor recovery equipment at gasoline dispensing sites located in the lower Orange County and New York City metropolitan areas in order to reduce emissions of volatile organic compounds (VOCs) and the related formation of ozone. A Stage II vapor recovery device captures at least 90 percent, by weight, of gasoline vapors while a car is being refueled and either retains them in a storage tank, or recovers or destroys them in an emission control device.

Onboard Refueling Vapor Recovery (ORVR) has been required on all passenger vehicles since 2000 and on all light trucks since 2007. ORVR, like Stage II equipment, prevents the release of VOC emissions when refueling. When ORVR and Stage II technology are used in conjunction, however, an increase in vapor emissions can result.

E85 gasoline can only be used in specially designed flexible fuel vehicles. Most of these vehicles have been manufactured since 1998, and all flexible fuel vehicles built today are equipped with ORVR. Because of the prevalence of ORVR technology in flexible fuel vehicles and the incompatibility with Stage II equipment, a number of stations intending to install E85 pumps are requesting a waiver from the Stage II equipment requirements.

In accordance with NYS DEC's Air Guide 20 guidance and 6 NYCRR Section 230.8, source owners are granted a variance from the Stage II requirements when economic infeasibility prevents the installation of such controls. Below are listed 42 stations that have provided NYS DEC with economic analyses which show costs for Stage II equipment on E85 pumps well above the level that has been established per Air Guide 20. Due to these excessive costs and the proven inability to function correctly with ORVR technology, NYS DEC proposes to allow these E85 pumps to operate without Stage II equipment. In addition, US EPA has issued a guidance document supporting the claim that ORVR technology has reached a sufficiently large portion of flexible fuel vehicles. Therefore, NYS DEC will submit these analyses to US EPA for approval as SIP revisions.

Variance From Stage II Vapor Recovery Requirement at E85 Dispensing Pumps
Station City
200 Elwood Road LLC East Northport
365 Christian Realty Corp Bayshore
41 Armonk Road LLC Mt. Kisco
Arlington Getty Poughkeepsie
Banahan Brothers Rye
Belt Parkway Realty Corp Brooklyn
Bob's Tire and Auto Service Commack
Bridgehampton Service Station LLC Bridgehampton
Brookhaven National Laboratory Upton
Dick's Enterprises LLC Yonkers
Eastport Valero Eastport
Gasoline Heaven Commack
GCP 188th Realty Corp Hollis
GCP East Realty Corp East Elmhurst
GCP West Realty Corp East Elmhurst
Getty Pit Stop Mart Patchogue
Happy Lite LTD East Patchogue
Hillside Citgo Williston Park
Hunter Getty West Islip
Ismail Petroleum Corp Farmingdale
Johnny's Gas & Minimart West Babylon
Keshtgar & Company West Islip
Larkfield Super Shell East Northport
MD North Realty Corp Bronx
MD South Realty Corp Bronx
Mike's Super Citgo West Babylon
Milton P. Estine & Son, Inc Southampton
New Greenlawn Getty West Babylon
Norman's Auto Service New Hyde Park
North Country Gas Saint James
One Stop Petroleum Bay Shore
Patchogue Valero Patchogue
Pit Stop Service Station, Inc Smithtown
Preferred Auto Care LTD Chappaqua
Rockville Centre Getty Rockville Centre
Route 303 Auto Service Congers
Sunoco Elmont
Taw Brennan LaGrangeville
Tulip Gardens Hempstead
Volkan Petroleum, Inc Calverton
Water Mill Fuel Complex Watermill
Zayis of the Bronx, LLC Bronx

NYS DEC is providing a 30 day period to comment on the proposed submittal or request a hearing. Written comments should be submitted by 5:00 p.m. on October 8, 2010 to Scott L. Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 2nd Floor, Albany, NY 12233-3251 or by e-mail to: dar.sips@dec.ny.gov. Gregory LaBarge can be reached at (518) 402-8403 with any questions regarding these SIP revisions.

Contact: Gregory LaBarge, NYS DEC - Division of Air Resources, 625 Broadway, 2nd Floor, Albany, NY 12233-3251, Phone: (518) 402-8403.

Public Comment Period Notice

Public Notice for an Amendment to the 1990 Generic Unit Management Plan for Campgrounds and Day Use Areas.

Project Title: Amendment to the 1990 Generic Unit Management Plan for Campgrounds and Day Use Areas allowing the construction of firewood storage buildings at certain intensive use area facilities.

New York State Department of Environmental Conservation (NYS DEC) is accepting comments through September 22, 2010 on a proposed amendment to the 1990 Generic Unit Management Plan (UMP) for Campgrounds and Day Use Areas. The generic UMP provides information on the environmental setting, inventory of facilities, organizational structure, issues, constraints, management objectives, and effects of various management actions for campgrounds and day use areas in the NYS Forest Preserve. The proposed amendment will allow for the construction of an Adirondack style storage building for storage of firewood at certain intensive use area facilities. The storage building will give the department the ability to provide firewood to campers and day use visitors. The purpose is to provide a source of safe firewood that will not serve as a potential vector for the spread of invasive pests in the Adirondacks and Catskills.

Public comments are welcome and will be accepted by the contact person until September 22, 2010.

Project Location: Various Campgrounds and Day Use Areas in the Adirondack and Catskill Forest Preserves.

Contact: Douglas E. Bernhard, General Manager of Forest Parks, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12333-5253; Phone: (518) 457-2500, E-mail: debernha@gw.dec.state.ny.us.

Completion of Draft Strategic Plan for State Forest Management, Positive Declaration, Completion of Draft GEIS and Public Hearings

Lead Agency: New York State Department of Environmental Conservation

The New York State Department of Environmental Conservation (NYS DEC) announces the completion of the Draft Strategic Plan for State Forest Management (DSPSFM) and Draft Generic Environmental Impact Statement (Draft GEIS). Electronic copies of the Draft Strategic Plan and Draft GEIS are available on the NYS DEC's website at: www.dec.ny.gov/lands/64567.html or by contacting NYS DEC regional offices. This notice has been prepared in accordance with Article 8 of the Environmental Conservation Law. These hearings will also serve as public hearings on the Draft GEIS pursuant to the applicable SEQR Act (6NYCRR §617.9(a)(4)).

Notice is given that these public hearings will be held in NYS DEC Regions 1, 2, 3, 4, and 5 at the locations noticed at the end of this document. Additional hearings have been scheduled in Regions 6 - 9 on September 14 - 22. Evening hearings will be scheduled in each region. Hearings in regions 1 - 5 will be conducted on September 21 - 30 from 7:00 p.m. until 9:30 p.m. NYS DEC staff will be available to answer any questions related to the DSPSFM and DGEIS between 6:30 p.m. until 7:00 p.m. preceding each hearing.

The hearing is part of a public comment period which began on September 1, 2010 and will continue until October 29, 2010. All statements received during this period, whether submitted prior to, at, or after the hearings will be assessed. The assessment of public comment that is prepared will be included in the Final Plan and Final GEIS. All those who wish to appear at the hearing to make a statement and who also have a prepared written statement are asked to bring and submit it to the regional DSPSFM contacts hosting the meeting. Lengthy written statements should be submitted and briefly summarized to present verbally at the hearing.

The Draft Strategic Plan has been developed to lead future management of NYS DEC administered State Forests. It establishes statewide management guidelines for NYS DEC staff through a process of public involvement and review. The plan provides a foundation for the development of Unit Management Plans (UMPs), which set forth the specific actions to be undertaken by NYS DEC on individual State Forests. As individual UMPs are developed, this plan will serve as a guide and will be included by reference. This plan will be revised at least once every ten years.

This Plan describes how State Forests will be managed in a sustainable manner by promoting ecosystem health, enhancing landscape biodiversity, protecting soil productivity and water quality. In addition, State Forests will continue to provide the many recreational, social and economic benefits valued so highly by the people of New York State. NYS DEC will continue the legacy which started 80 years ago, leaving these lands to the next generation in better condition than they are today.

Five goals were developed for the management of State Forests. These goals were based on the criteria developed in the Montreal Process and are as follows: Goal 1, to provide healthy and biologically diverse ecosystems; Goal 2, to maintain human-made State Forest assets; Goal 3, to provide recreational opportunities for people of all ages and abilities; Goal 4, to provide economic benefits to the people of the State; and Goal 5, to provide a legal framework for forest conservation and sustainable management of State Forests.

Activities that have the potential to cause significant adverse impacts may include: increased public recreational use, facility development, prescribed fire, silvicultural activities, oil and gas drilling and control of competing vegetation and invasive species. Potential impacts are discussed in the Draft GEIS including soil erosion, damage to vegetation, increased smoke and associated odors, surface and groundwater effects and effects of pesticides on the environment, including non-target species. The draft plan discusses all of these potential impacts and describes recommended management activities and mitigation measures to minimize potential impacts.

Electronic copies of the Draft Strategic Plan and Draft GEIS are available online at: www.dec.ny.gov/lands/64567.html or by requesting a CD by e-mail at: stateforestplan@gw.dec.state.ny.us or by calling NYS DEC regional offices. Questions or comments on the Draft Strategic Plan will be accepted until 4:45 p.m. on October 29, 2010 via e-mail: stateforestplan@gw.dec.state.ny.us or by mailing: Strategic Plan for State Forest Management, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, New York 12233-4255.

Public Hearing Schedule

Public hearing times are as followed, unless noted otherwise:
Informal Question and Answer: 6:30 p.m. - 7:00 p.m.
Public Hearing: 7:00 p.m. - 9:30 p.m.

NYS DEC - Region 1
September 30, 2010
Location: NYS DEC - Region 1 Headquarters
SUNY Stony Brook - Room BO2
50 Circle Road
Stony Brook, NY 11790

NYS DEC - Region 2
Date: September 30, 2010
Location: Christian Youth Organization Building
Mount Loretto Unique Area
6581 Hylan Boulevard
Staten Island, NY

NYS DEC - Region 3
September 23, 2010
Location: DEC Region 3 Headquarters
Main Conference Room
21 South Putt Corners Road
New Paltz, NY 12561

NYS DEC - Region 4
Date: September 28, 2010
Location: NYS DEC - Region 4 Headquarters
Main Conference Room
1130 North Westcott Road
Schenectady, NY 12167

NYS DEC - Region 5
Date: September 21, 2010
Location: NYS DEC - Region 5 Headquarters
Main Conference Room
Route 86
Ray Brook, NY 12977

Contact: Robert Messenger or Justin Perry, NYS DEC - Division of Lands and Forests, 625 Broadway, 5th Floor, Albany, NY 12233-4255, Phone: (518) 402-9428.

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