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ENB - Statewide Notices 11/24/2010

Public Notice

Notice of Proposed Rulemaking

6 NYCRR Part 617, State Environmental Quality Review - Full and Short Environmental Assessment Forms

Pursuant to Environmental Conservation Law, Section 8-0113, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The NYS DEC proposes to amend 6 NYCRR 617.20, State Environmental Quality Review, Full and Short Environmental Assessment Forms (EAF). The EAFs are model forms promulgated by NYS DEC and appended to the State Environmental Quality Review Act (SEQR) regulations. The EAFs are used by governmental agencies and boards to assess the environmental significance of actions under SEQR. The existing EAFs are out-of-date and no longer adequately serve the purposes for which they were created.

A legislative public hearing is scheduled on January 25, 2011 at 1:00 p.m. in Room 129 at the offices of the NYS DEC, 625 Broadway, Albany, NY 12233.

Comments on the Full and Short EAF and supporting documents will be accepted by NYS DEC until close of business, February 18, 2011. Please submit comments to Robert Ewing at the address listed below. Comments may also be submitted via the web to: deppermitting@dec.ny.gov. Please include "EAF Comments" in the subject line of the e-mail.

Pursuant to the implementing regulations for SEQRA, the NYS DEC has prepared a "Negative Declaration" concluding that the proposed action will not have a significant adverse impact on the environment.

The draft revised EAF forms, associated rulemaking documents and the negative declaration are published in full at the following web address: http://www.dec.ny.gov/permits/6061.html.
Paper copies may be obtained from the contact listed below.

For further information, contact:

Robert Ewing
NYS DEC - Division of Environmental Permits
625 Broadway
Albany, NY 12233-1750
Phone: (518) 402-9167
E-mail: deppermitting@dec.ny.gov


Notice of Opportunity for Public Comment - New York State Climate Action Plan Interim Report

The New York State Climate Action Council announces the availability of the Climate Action Plan Interim Report for public review and comment.

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 below levels emitted in year 1990 by year 2050. The executive order also created the New York State Climate Action Council and directed it to prepare a plan to identify actions to achieve that goal, adapt to the effects of unavoidable climate change and stimulate a clean energy economy.

The Climate Action Council launched a process that brought together more than 100 technical experts and stakeholders and the broader public to identify and examine both mitigation and adaptation policy options, and to analyze the costs and benefits of adopting these policies. The preliminary results of this analysis have been summarized in the Interim Report.

Following review of public comment received on the Interim Report and additional analyses, including further evaluation of the effects of climate policy options on economic development and job creation, the Council will present a final Climate Action Plan in 2011.

All interested members of the public are invited to review and comment on the Interim Report. The 90 day public comment period will end on February 7, 2011. The Interim Report and instructions for submitting comments can be found at: http://www.nyclimatechange.us.

Public hearings on the Interim Report will be held in several locations across the state in early 2011.

Interested members of the public are encouraged to enroll on the Climate Action Plan mailing list (listserve) at: http://www.nyclimatechange.us to receive direct notification of the informational webinar, public hearings and other information related to the Climate Action Plan.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448, E-mail: climatechange@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 November 2, 2010, filed with the New York State Department of State on November 5, 2010, to be effective December 5, 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 with federal greenhouse gas emission standards for model years 2012 through 2016.

For further information, contact:

Jeff Marshall
NYS DEC - 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 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:

Notice of Adoption of Rules on November 2, 2010, filed with the New York State Department of State on November 5, 2010, to be effective December 5, 2010, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 217, Motor Vehicle Emissions.

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 lbs. and less. Lastly, NYS DEC proposes I/M program audit requirements under Section 217-6.5.

For further information, contact:

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


Public 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 2:00 p.m. - 4:00 p.m. December 1, 2010 at New York State Energy Research and Development Authority (NYSERDA), 17 Columbia Circle, Albany. NY 12203.

Council members include: the New York State Department of Environmental Conservation (NYS DEC), 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 September 15, 2010 meeting
• Update on changes to Council representation
• Update on proposed dispute resolution process
• Update on status of P2 Council agencies' programs/services

2) New Business:
• Update of Environmental Programs PDF
• Update from NYS DEC Commissioners Policy Office
• NYS DEC compilation of P2 funding information
• P2 Council leadership for 2011
• Other new business

3) Selection of a date for the March or April, 2011 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 St, Albany, New York 12245, Phone: (518) 292-5103.


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 is convening its eleventh regular meeting on:

Date: Wednesday, December 1, 2010
Time: 9:30 a.m. to 12:30 p.m.
Location: New York State Department of Environmental Conservation
625 Broadway
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.

Contacts:

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


Draft Program Policy ONR-DLF-1 / Plantation Management on State Forests
Draft Program Policy ONR-DLF-2 / Retention on State Forests
Draft Program Policy ONR-DLF-3 / Clearcutting on State Forests


The New York State Department of Environmental Conservation (NYS DEC) announces the completion of three Draft Program Policies affecting the management of State Forests. The Draft Program Policies include: ONR-DLF-1 / Plantation Management on State Forests, ONR-DLF-2 / Retention on State Forests and ONR-DLF-3 / Clearcutting on State Forests. These Draft Program Policies have been developed to provide the NYS DEC Division of Lands and Forests, Bureau of State Land Management staff, procedures when managing plantations, establishing forest and tree retention, and applying clearcuts or conducting other regeneration cuttings on State Forests (Reforestation, Multiple Use and Unique Areas). The policies provide a foundation for specific actions to be undertaken by NYS DEC on individual State Forests.

The 30 day public comment period will begin with the publication of this notice on November 24, 2010 and continue until December 24, 2010. Full text electronic copies of all three Draft Program Policies are available on NYS DEC's website at: www.dec.ny.gov/lands/69658.html or by requesting an electronic version via e-mail at: BSLMPolicy@gw.dec.state.ny.us or by calling the NYS DEC Central Office at (518) 402-9428. Questions or comments on the Draft Program Policies will be accepted until 4:45 p.m. on December 24, 2010 via e-mail BSLMPolicy@gw.dec.state.ny.us (Please include "Program Policy Comment" in the subject header of the e-mail) or by mailing: Bureau of State Land Management/Program Policy Comments
NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, New York 12233-4255

Contact: Justin Perry, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4255, Phone: (518) 402-9428, E-mail: BSLMPolicy@gw.dec.state.ny.us.


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