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ENB - Statewide Notices 10/5/2011

Public Notice

Notice of Adoption
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, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on September 13, 2011, to be effective October 15, 2011, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions.

This rulemaking updates 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:

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


Notice of 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 Adoption of Rules on September 13, 2011, to be effective October 15, 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.

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


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 September 15, 2011, to be effective September 16, 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
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233 3254
Phone: (518) 402 8403
E mail: 231nsr@gw.dec.state.ny.us


New York State Department of Environmental Conservation's New York Environmental Leaders Program Open Enrollment Period

The New York State Department of Environmental Conservation (NYS DEC) is accepting applications for the New York Environmental Leaders Program (NYEL). The open enrollment period began on September 1, 2011 and applications will be accepted until October 31, 2011.

NYEL, which is entering its fourth year of operation, provides recognition and incentives to New York State companies and organizations that can demonstrate the use of pollution prevention practices, beyond compliance performance, or sustainable business practices as a result of their participation in NYEL. Detailed information about NYEL can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

Those accepted as members in NYEL are considered a priority for relevant NYS DEC assistance. For instance, NYS DEC can help facilitate assistance through the New York State Pollution Prevention Institute (http://www.nysp2i.rit.edu/) and help members garner assistance through other relevant state programs. In addition, NYEL members have access to a NYEL contact within NYS DEC. The NYEL contact will be available to assist with communication between the member and NYS DEC, and to help members garner assistance in their environmental goals from the New York State Pollution Prevention Institute. NYEL members are also able to use the NYEL logo to promote their green practices and receive recognition from NYS DEC for their outstanding achievements.

NYEL provides flexibility to prospective applicants by offering two membership tiers, the entry tier and the leadership tier. In addition, NYEL is open to wide array of organizations including businesses, especially manufacturers, as well as organizations such as schools, hospitals, and local governments. For more information on which tier best fits your organization, please visit the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

If your organization is interested in becoming a NYEL member during this open enrollment period, a NYEL application form for the tier your facility intends to apply for must be completed and returned by October 31, 2011. Interactive versions of theNYEL Entry Tier Application and NYEL Leadership Tier Application forms are available for download on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html. Also, if you have any colleagues that you think may be interested in NYEL, please forward them this information.

If you have any questions, require any additional information, or experience problems down loading the applications, please do not hesitate to contact John Vana at (518) 402-9469, or Ryan Waldron at (518) 402-9194.

Contact: Ryan Waldron, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9194.



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