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ENB - Statewide Notices 4/13/2011

Public Notice

Notice of Emergency Adoption

6 NYCRR Part 200, General Provisions
6 NYCRR Part 201, Permits and Registrations
6 NYCRR Part 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 New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption of Rules on March 28, 2011, to be effective March 28, 2011, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; Part 201, Permits and Registrations; and Part 231, New Source Review for New and Modified Facilities.

The emergency adoption of these amended rules provides for the preservation of the public health and general welfare. 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 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. The June 2010 Federal NSR rule modified the NNSR and PSD regulations at 40 CFR 51.165 and 52.21, respectively, and Title V regulation at 40 CFR 70 and 71.These Federal regulations require states with State Implementation Plan (SIP) approved NSR and Title V programs to revise their regulations and submit the revisions to EPA for approval into the SIP.

For further information, contact:

Robert Stanton
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233 3254
Phone: (518) 402-8403
E mail: 231nsr@gw.dec.state.ny.us

Notice of Availability of New York State Department of Environmental Conservation (NYS DEC) Draft Policy on Guidance for Licensing/Permission to Use NYS DEC Work

Notice is hereby given that the NYS DEC has prepared a Draft Policy which provides guidance for NYS DEC staff when a request for a license or permission to reproduce or otherwise use work developed by NYS DEC employees or contractors is received from another entity. The Draft Policy applies to work developed by NYS DEC employees or contractors. For purposes of the Draft Policy, "Work" is defined as publications, data, reports, studies, analysis, maps, GIS data sets, graphics (including NYS DEC's logo) and other material created by NYS DEC staff or NYS DEC contractors in connection with their duties as NYS DEC employees or contractors. The intent of the Draft Policy is to assist NYS DEC staff who receive such requests by providing guidance on the procedure to be followed and to establish a central location where information on NYS DEC's responses to such requests may be found.

Pursuant to ECL §3-0301(2)(z), written comments regarding this Draft Policy will be accepted until May 13, 2011. Comments should be submitted to Deborah Christian, NYS DEC - Office of General Counsel, 625 Broadway, Albany, NY 12233-1500, Phone: (518 402-9188, Fax: (518) 402-9018, E-mail: dwchrist@gw.dec.state.ny.us.

The Draft Policy is available on the NYS DEC website at: http://www.dec.ny.gov/about/73576.html or by writing to Deborah Christian at the address above or by calling (518) 402-9188. A paper copy is available at the NYS DEC Albany office at the above address and at each of the nine NYS DEC regional offices.

New York State Thruway Authority and New York State Canal Corporation Announce Public Review Period for Draft Annual Reports for GP-0-10-001.

This notice announces the availability of the Draft Annual Reports prepared by the New York State Thruway Authority (NYSTA) and New York State Canal Corporation (NYSCC) pursuant to the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-0-10-001. The Draft Annual Reports document activities related to the NYSTA's and NYSCC's Stormwater Management Program during the Reporting Period of March 10, 2010 to March 9, 2011. The NYSTA and NYSCC are making these draft documents available for public comment for a period of 30 days, ending May 13, 2011. Interested parties may provide their comments to the NYSTA and NYSCC via e-mail, phone, or mail to be considered in finalizing the documents.

Background: SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-0-10-001, requires that agencies or municipalities identified as Regulated Small MS4s must develop a Stormwater Management Program to address six Minimum Control Measures. This public notice serves to comply with the NYSTA's and NYSCC's "Public Involvement/Participation" Minimum Control Measure.

Information: The Draft Annual Reports are available online during the comment period at: http://www.nysthruway.gov/environmental/ms4s.html

Hard copies of the NYSTA and NYSCC Draft Annual Reports are also available for review at the following locations:

New York Division Contact: Michael Wetzel, 4 Executive Boulevard, Suffern, NY 10901, Phone: (845) 918-2526.

Albany Division Contact: Robert Romeo, 270 Mount Hope Drive, Albany, NY 12209, Phone: (518) 436-3006.

Syracuse Division Contact: Michael Reed, 290 Elwood Davis Road, Suite 250 2nd Floor, Liverpool, NY 13088-2104, Phone: (315) 438-2393.

Buffalo Division Contact: Tom Moore, 455 Cayuga Road, Suite 800, Cheektowaga, NY 14225-1309, Phone: (716) 635-6291.

Email comments to:

Thruway: ms4artwy@thruway.state.ny.us

Canal: ms4arcanals@thruway.state.ny.us

Mail comments to:

New York State Thruway Authority
Environmental Services Bureau
Attention: David Curtis
200 Southern Boulevard
Albany, NY 12209
Phone: (518) 471-5926

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