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ENB - Statewide Notices 5/18/2011

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0903, and 11-0907, 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 section 1.31 pertaining to Black Bear Hunting. This notice will be published in issue 20 of the State Register, dated May 18, 2011.

For further information, please contact:

Bryan Swift
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8883
E-mail: wildliferegs@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-b, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 40 pertaining to recreational summer flounder regulations. This notice will be published in issue 20 of the State Register, dated May 18, 2011.

For further information, please contact:

John D Maniscalco
NYS DEC - Region 1 Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0437
E-mail: jdmanisc@gw.dec.state.ny.us


Clean Data Petition for the 2006 24-Hour PM2.5 NAAQS: New York-N. New Jersey-Long Island, NY-NJ-CT Nonattainment Area

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) submitted to the United States Environmental Protection Agency (US EPA) a clean data petition for the New York State portion of the New York-N. New Jersey-Long Island, NY-NJ-CT metropolitan statistical area that was designated nonattainment for the 2006 24-hour National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5).

On December 14, 2009, US EPA promulgated designations for the 2006 24-hour PM2.5 NAAQS. These designations were based upon monitored air quality data for calendar years 2006 through 2008. US EPA found that the New York-N. New Jersey-Long Island, NY-NJ-CT metropolitan area was in violation of the NAAQS. Ten New York counties within this area were therefore designated as nonattainment: Bronx, Kings, New York, Queens, Richmond, Nassau, Suffolk, Orange, Rockland, and Westchester.

Based on updated air quality monitoring data from the New York, New Jersey and Connecticut portions of the New York-N. New Jersey-Long Island, NY-NJ-CT nonattainment area, the 2006 24-hour PM2.5 NAAQS is now being met. Specifically, the 2009 design values demonstrate levels below the 35 µg/m3 standard in all three states. NYS DEC recently obtained 98th percentile data for New York State for the 2010 calendar year, which further demonstrate a decreasing PM2.5 trend and continued compliance with the standard. The following table displays the 2009 and 2010 design values (based on 98th percentile concentration data for calendar years 2007 through 2009, and 2008 through 2010, respectively) for the New York State portion of this nonattainment area (all values are in µg/m3).

2009 and 2010 Design Values

Monitoring Site

AQS ID

2007 98th %

2008 98th %

2009 98th %

2010 98th %

2009 Design Value

2010 Design Value

Hempstead

36-059-0008

28.5

29.2

25.8

20.2

28

25

Babylon

36-103-0002

28.8

26.8

21.6

26.1

26

25

JHS 45

36-061-0079

34.3

32.3

28.8

25.2

32

29

Division
Street

36-061-0134

37.1

31.8

29.0

27.0

33

29

Morrisania

36-005-0080

36.2

31.3

30.0

27.0

33

29

Botanical Garden

36-005-0083/
0133

32.5

29.8

27.4

24.8

30

27

IS 52

36-005-0110

33.9

29.9

30.6

N/A

31

N/A*

JHS 126

36-047-0122

33.6

29.4

26.9

24.8

30

27

Queens College

36-081-0124

31.8

30.3

26.7

26.3

30

28

Susan Wagner

36-085-0067

28.8

27.7

23.0

21.5

27

24

Port Richmond

36-085-0055

32.8

28.7

24.6

25.5

29

26

Newburgh

36-071-0002

30.4

26.0

20.6

26.5

26

24

Mamaroneck

36-119-1002

30.6

30.4

27.0

26.7

29

28


* Due to data completeness issues in 2010, the IS 52 Design Value is not included here. NYS DEC does not expect this to affect its Clean Data Petition.

US EPA's granting of this petition would relieve NYS DEC of the requirement to submit a State Implementation Plan (SIP) to demonstrate how the 24-hour PM2.5 NAAQS would be met. The suppression of this requirement is in effect only as long as the area continues to monitor attainment of the standard. NYS DEC will continue to operate its air quality monitoring network, and if any monitor experiences a violation of the NAAQS, the area would again be subject to a requirement to submit the pertinent SIP revision(s) and would need to address those requirements.

There are numerous federal and state control measures which have contributed to decreased emissions of PM2.5 and its precursors. These emissions reductions have resulted in the decreasing ambient concentrations displayed above, and have allowed the 24-hour PM2.5 NAAQS to be achieved within the required time period.

A 30 day public comment period is being provided for this submission. Written comments should be submitted by 5:00 p.m. on June 17, 2011 to: Scott Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 2nd Floor, Albany, NY 12233-3251, or by email to: airsips@gw.dec.state.ny.us.





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