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ENB - Statewide Notices 12/29/2010

Public Notice

Pursuant to the Environmental Conservation Law sections 13-0307 and 13-0319 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 41 Sanitary Conditions of Shellfish Lands - pertaining to the Towns of Southold, Southampton, Riverhead, Brookhaven and Oyster Bay. This notice will be published in issue 52 of the State Register, dated December 29, 2010.

For further information, please contact:

Melissa Albino Hegeman
NYS DEC - Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0491
E-mail: maalbino@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections 13-0307 and 13-0319, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption to amend 6 NYCRR Part 41 pertaining to Hempstead Bay, Nicoll Bay, Three Mile Harbor, Hog Creek and West Creek. This notice will be published in issue 52 of the State Register, dated December 29, 2010.

For further information, please contact:

Gina M. Fanelli
NYS DEC - Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0482
E-mail: gmfanell@gw.dec.state.ny.us


Hearing Notice

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) will hold legislative public hearings on amendments to proposed 6 NYCRR Part 200, General Provisions, pursuant to Environmental Conservation Law, Sections 1 0101, 3 0301, 19 0103, 19 0105, 19 0107, 19 0301, 19 0303, and 19 0305.

NYS DEC proposes to revise 6 NYCRR Part 200 to update two tables of National Emission Standards for Hazardous Air Pollutants in 6 NYCRR section 200.10; Table 3 will add a reference to Subpart A and the table will cite the 2007 Code of Federal Regulations and Table 4 will cite the 2009 Code of Federal Regulations. The reference to Prevention of Significant Deterioration of Air Quality will be updated to the version in the 2009 Code of Federal Regulations Part 52 in Section 200.10, Table 5. 6 NYCRR section 200.9 will be updated to reflect the new references in section 200.10 and update the reference to the Consumer Price Index to 2010. This rulemaking will also correct typographical errors. Pursuant to section 112 of the Clean Air Act of 1990, New York State will implement and enforce all requirements under section 112 for NESHAPs.

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 adverse effect on the environment.

Hearings will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: Monday, February 14, 2011
Time: 2:00 p.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129-B
Albany, NY 12233

Date: Tuesday, February 15, 2011
Time: 2:00 p.m.
Location: NYS DEC - Region 2 Annex
11-15 47th Ave., Hearing Room 106
Long Island City, NY 11101

Date: Wednesday, February 16, 2011
Time: 2:00 p.m.
Location: NYS DEC - Region 8 Office
6274 East Avon-Lima Rd (Routes 5 and 20), Conference Room
Avon, NY 14414

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by February 1, 2011, to Laura Stevens, NYS DEC, 625 Broadway, Albany NY 12233 3250, Phone: (518) 402-8451; E-mail: air.regs@dec.ny.gov.

NYS DEC invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearings. At each hearing, 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. Information may be obtained from Rick Leone, NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233-3254, Phone: (518) 402-8403, E-mail: neshaps@gw.dec.state.ny.us. Written statements may be submitted until February 23, 2011.

The proposed regulation 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: Alfred Carlacci


Notice of Proposed Rule Making
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, and 19-0305, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The purpose of the rulemaking is to update two tables of National Emission Standards for Hazardous Air Pollutants in 6 NYCRR section 200.10; Table 3 will add a reference to Subpart A and the table will cite the 2007 Code of Federal Regulations and Table 4 will cite the 2009 Code of Federal Regulations. Section 200.10 Table 5 will also update the reference to Prevention of Significant Deterioration of Air Quality to the 2009 Code of Federal Regulations. 6 NYCRR section 200.9 will also be updated to reflect the new references in section 200.10 and update the reference to the Consumer Price Index to 2010. This rulemaking will also correct typographical errors. Pursuant to section 112 of the Clean Air Act of 1990, New York State will implement and enforce all requirements under section 112 for NESHAPs.

For further information, contact:

Rick Leone
NYS DEC - Division of Air Resources
625 Broadway
Albany NY 12233-3254
Phone: (518) 402-8403
E-mail: neshaps@gw.dec.state.ny.us


Notice of Issuance of Findings Statement for Final Generic Environmental Impact Statement associated with the final New York State Solid Waste Management Plan

New York State Department of Environmental Conservation (NYS DEC) announces the issuance of the Findings Statement (Findings) that adopts the final New York State Solid Waste Management Plan (Plan). The acceptance of the completed Final Generic Environmental Impact Statement (Final GEIS) was noticed in the Environmental Notice Bulletin (ENB) on December 15, 2010. The Plan shall take effect 30 days after publication of this notice.

Copies of the Final GEIS and final Plan are available for public inspection in the NYS DEC's main office at the address below and in each of the NYS DEC's nine regional offices. The Final GEIS and final Plan are also available at the NYS DEC website: www.dec.ny.gov/chemical/41831.html. In addition, the Final GEIS and final Plan are available by writing or calling Kathy Saunders, NYS DEC - Division of Materials Management, 625 Broadway, 9th Floor, Albany, NY 12233-7253, Phone: (518) 402-8678.



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 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: Office of Climate Change.


Notice of Acceptance of Final GEIS

The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Final Strategic Plan for State Forest Management. Electronic copies of the Final Strategic Plan and Final 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.

NYS DEC announces the completion of the Final Strategic Plan for State Forest Management (Plan) and Final Generic Environmental Impact Statement (GEIS). This notice has been prepared in accordance with Article 8 of the Environmental Conservation Law. NYS DEC held public hearings in each NYS DEC administrative region on the Draft Plan, released September 1, 2010 and accepted public comments until October 29, 2010. These hearings also served as public hearings on the Draft GEIS pursuant to the applicable SEQR Act (6NYCRR §617.9(a)(4)).

The final Plan is an update and revision of the Draft Strategic Plan for State Forest Management which includes identifications of future management goals for 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 were addressed and 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 were further 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 final Plan discusses all of these potential impacts and describes recommended management activities and mitigation measures to minimize potential impacts.

Contact: Justin Perry, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4255, Phone: (518) 402-9436, E-mail: japerry@gw.dec.state.ny.us.



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