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ENB - Statewide Notices 3/30/2011

Public Notice

Extension of Public Comment Period
Notice of Proposed Rulemaking

6 NYCRR Part 617, State Environmental Quality Review - Full and Short Environmental Assessment Forms. The notice of proposed rulemaking was initially published in the 11/24/10 issue of the ENB.

The comment period for the submission of public comments on the proposed Full and Short EAF and supporting documents has been extended until the close of business, April 8, 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.

The draft revised EAF forms and associated rulemaking documents 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

Reopening of Public Comment Period
6 NYCRR Part 619, Applicability of Regulations and Statutes.

New York State Department of Environmental Conservation (NYS DEC) has determined that it would be in the public interest to reopen the public comment period on the Petition for Declaratory Ruling filed on behalf of Seneca Meadows, Inc. for an additional 5 business days.

The notice of Petition for Declaratory Ruling and request for public comment was initially published in the 2/23/11 issue of the ENB. Several comments were received during the initial public comment period in the form of a form letter from residents living in the vicinity of the Seneca Meadows Landfill. These comments will be considered and do not need to be resubmitted. It has come to our attention that some interested parties may have been using an incorrect email address. Any comment submitted by email during the previous comment period may not have been received. Therefore, anyone wishing to submit comments during this comment period by e-mail should ensure that the appropriate spaces are included in the e-mail address.

Notice of Petition for Declaratory Ruling on the issue of "Common Control" and Request for Public Comment

Notice is hereby given that NYS DEC received a Petition for Declaratory Ruling (Petition) filed on behalf of Seneca Meadows, Inc. (SMI), the owner and operator of Seneca Meadows Landfill located at 1786 Salcman Road, Seneca Falls, NY 13165-0065, pursuant to State Administrative Procedures Act (SAPA) § 204, as implemented by NYS DEC through 6 NYCRR Part 619.

The Petition requests a declaratory ruling from NYS DEC with respect to the following two questions: (1) What constitutes "under common control" as that term is used in the definition of "major facility" under 6 NYCRR 201-2.1(b)(21);" and (2) Whether SMI's landfill, and Seneca Energy II, LLC (SE), the owner and operator of a companion landfill gas-to-energy (GTE) plant, are "under common control" for the purpose of applicability under 6 NYCRR Part 231 (New Source Review).

Summary of Facts

SMI's landfill is currently regulated as a non-hazardous solid waste landfill under 6 NYCRR 360.2 and permitted as a Title V facility under 6 NYCRR 201-6. SMI owns and operates a landfill gas (LFG) collection system which is designed to capture gas from the landfill. SMI indicates that the LFG may be either "flared-off" using one of its flares, or provided to end users.

SMI states that a significant portion of SMI's landfill gas is sold to SE, which uses the gas to fuel its electric power plant. SE's power plant is located across the street from the landfill on a defined parcel leased from SMI. SE's power plant is currently permitted separately from SMI, as a Title V facility under 6 NYCRR 201-6. According to SMI, SE plays no role with respect to the landfill gas collection systems or the flares. SMI states that SE will shortly submit a permit application to NYS DEC relating to certain proposed modifications at the plant.

In its "common control" analysis, SMI references various documents relating to the issue, including: one of EPA's formal rules, providing historical reference to the definition of "control" as used by the Securities and Exchange Commission (SEC) under 17 CFR Section 240.12b-2 (see, 45 Fed. Reg. 59874, September 11, 1980); a slip opinion which discusses "common control," entitled Winnebago Industries, Inc. v. Iowa Department of Natural Resources, Case No. CVCV01608, Slip Opinion (District Ct. Hancock Co., June 1, 2009); and various informal EPA guidance documents, such as a September 18, 1995 letter from William A. Spratlin (EPA) to Peter A Hamlin (Iowa DNR) and a May 1, 2002 letter from Judith M. Katz (EPA) to Gary E. Graham (Va. DEQ).

The comment period for the submission of public comments on the Petition for Declaratory Ruling has been reopened until 5:00 p.m. on April 6, 2011. Please submit comments to Khai Gibbs at the address listed below. Comments may also be submitted via E-mail at: Part 619 Seneca Meadows@gw.dec.state.ny.us. A copy of the Petition is available on this website: http://www.dec.ny.gov/permits/72550.html.

Comments should be submitted to: Khai Gibbs, NYS DEC - Office of General Counsel, 625 Broadway, Albany, NY 12233-1500 or E-mailed to: Part 619 Seneca Meadows@gw.dec.state.ny.us. Please include spaces when typing the e-mail address.

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 Parts 200, General Provisions, 201, Permits and Registrations, and 231, New Source Review for New and Modified Facilities, pursuant to Environmental Conservation Law, Sections 1 0101, 3 0301, 3-0303, 19 0103, 19 0105, 19 0107, 19 0301, 19-0302, 19 0303, 19 0305, 71-2103, and 71-2105, and Sections 160-169 and 171-193 of the Federal Clean Air Act (42 USC Sections 7470-7479; 7501-7515).

The NYS DEC proposes to revise 6 NYCRR Parts 200, 201, and 231 and include these revisions in the State Implementation Plan (SIP). This rulemaking amends existing nonattainment New Source Review (NNSR) and attainment New Source Review (Prevention of Significant Deterioration [PSD]) program requirements. First, this rule incorporates the Environmental Protection Agency's (EPA's) May 16, 2008 NSR final rule for the regulation of particulate matter with an aerodynamic diameter less than or equal to 2.5 micrometers (PM-2.5). Second, this rule incorporates EPA's October 20, 2010 final rule which establishes the PM-2.5 increments, significant impact levels, and significant monitoring concentration. NYS DEC incorporated some of EPA's final PM-2.5 requirements in its February 19, 2009 revisions to its PSD and NNSR programs. This rulemaking incorporates the additional provisions of the federal PM-2.5 final rule which were not previously included in the 2009 revision to Part 231. Third, this rule incorporates conforming provisions to EPA's June 3, 2010 NSR final rule for the regulation of Greenhouse Gases (GHGs) under its PSD and Title V programs, also known as the "GHG Tailoring Rule." This rule addresses EPA's regulation of GHGs by establishing major source applicability threshold levels for GHG emissions and other conforming changes under the state's PSD and Title V programs. The May 2008, June 2010, and October 2010 Federal NSR Rules modified both the NNSR and Prevention of Significant Deterioration regulations at 40 CFR 51.165 and 52.21, respectively, and the October 2010 rule also modified the Title V regulation at 40 CFR 70 and 71. These Federal regulations require states with SIP approved NSR and Title V programs to revise their regulations and submit the revisions to EPA for approval into the SIP.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act (SEQRA), 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: Wednesday, June 1, 2011
Time: 2:00 p.m.
Location: NYS DEC - Region 8 Office
Conference Room
6274 East Avon-Lima Road (Routes 5 and 20)
Avon, NY 14414

Date: Thursday, June 2, 2011
Time: 2:00 p.m.
NYS DEC Headquarters
Public Assembly Room 129
625 Broadway
Albany, NY 12233
Date: Friday, June 3, 2011
Time: 2:00 p.m.
Location: NYS DEC - Region 2 Annex
Hearing Room 106
11-15 47th Avenue
Long Island City, NY 11101

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by Friday, May 13, 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 Robert Stanton, NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233 3254, Phone: (518) 402 8403, E-mail: 231nsr@gw.dec.state.ny.us. Written statements may be submitted until 5:00 p.m., Friday, June 10, 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

New York State Department of Environmental Conservation (NYSDEC) Notice of Complete Application

Applicant: New York State Department of Environmental Conservation (NYS DEC)
625 Broadway
Albany, NY 12233

The NYS DEC Giant Hogweed Program has applied for a statewide General Permit, GP-0-11-003, under Article 24 Freshwater Wetlands and Section 401 - Clean Water Act Water Quality, to use a post-emergent herbicide, manual root cutting or flower head removal to eradicate Giant Hogweed.

State Environmental Quality Review:
This Unlisted Action will not have a significant impact on the environment. A Negative Declaration is on file. No Lead Agency has been designated.

Comments on this project must be submitted in writing no later than 04/15/2011 or 15 days after the publication date of this notice, whichever is later, to: Stuart Fox, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750, Phone: (518) 402-9167, E-mail: deppermitting@dec.ny.gov.

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