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ENB - Statewide Notices 12/14/2011

Public Notice

Notice of Proposed Rulemaking
6 NYCRR Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, and 71-2105, the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) proposes to amend 6 NYCRR Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles, to make it consistent with the amendments to New York Environmental Conservation Law §19-0323 and recent Court decisions.

Specifically, Part 248 would be amended by changing the definition of 'prime contractor' to read as follows: "Prime contractor means any person or entity that contracts directly with the regulated entity to perform regulated entity work ("prime contract") and who is responsible for the completion of the contract with the regulated entity. This definition shall not include subcontractors."

Part 248 would also be amended by changing the definition of 'on behalf of' to read as follows: "all heavy duty vehicles used to perform regulated entity work by a prime contractor. Those vehicles include, but are not limited to, heavy duty vehicles owned, operated or leased by a prime contractor."

Part 248 would be amended by changing the definition of 'regulated entity work' to read as follows: Regulated entity work means labor, services, material and/or equipment that is provided by the regulated entity through its employees or prime contractors except it does not include labor, services, materials and/or equipment provided by:
(i) a shipping company (including overnight delivery companies); or
(ii) a manufacturer or delivery company that does not deliver materials or equipment to the regulated entity on a regular and frequent basis.

Part 248 would be amended by changing the existing compliance schedule to allow all vehicles covered by this regulation to have best available retrofit technology (BART) on or before December 31, 2012.

Part 248 would be amended by deleting the 33 percent and 66 percent BART phase-in compliance deadlines.

Finally, Part 248 would also be amended by adding a useful life waiver provision which allows NYS DEC to issue a waiver of the requirements of this part to a BART regulated entity or contractor upon receipt of request from such entity or contractor provided that such vehicle will be permanently taken out of service in New York State on or before December 31, 2013.

For further information, contact:

James Bologna
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292
E-mail: 248DERA@gw.dec.state.ny.us.


Notice of Proposed Rule Making
6 NYCRR Part 219, Incinerators
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law (ECL) 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 111 and 129 of the Clean Air Act; and 40 CFR Part 60, Subpart MMMM "Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration (SSI) Units", the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC proposes to adopt a new Subpart 219-9, which would apply statewide to existing sewage sludge incineration units constructed on or before October 14, 2010. NYS DEC intends to incorporate by reference the requirements of 40 CFR Part 60, Subpart MMMM into both 6 NYCRR Part 200, and a new 6 NYCRR Subpart 219-9. Subpart 219-1, which provides definitions and outlines the applicability requirements of the various Part 219 Subparts, is also being revised to reflect the proposed new requirements.

The proposed regulation will establish mandatory limits for nine air pollutants: particulate matter (PM), sulfur dioxide (SO2), hydrogen chloride (HCl), nitrogen oxides (NOx), carbon monoxide (CO), lead (Pb), cadmium (Cd), mercury (Hg), and dioxins/furans. The Guidelines also establish an opacity limit, as well as specific requirements for initial and annual performance testing, operator training, recordkeeping and reporting, and compliance monitoring.

The requirements of this proposal will be imposed on SSI facilities irrespective of this regulatory amendment, since the Clean Air Act mandates that EPA impose these requirements on affected SSI units if the State fails to.

For further information, contact:

John L Henkes
NYSDEC - Division of Air Resources
Bureau of Stationary Sources
625 Broadway
Albany NY 12233-3254
Phone: (518)402-8403
Fax: (518)402-9035
E-mail: 219incin@gw.dec.state.ny.us


Hearing Notice

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) will hold joint legislative public hearings on:

a) proposed amendments to 6 NYCRR Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles;

b) proposed amendments to 6 NYCRR Part 219, Incinerators; and attendant revisions to 6 NYCRR, Part 200, General Provisions; and

c) proposed infrastructure assessment for the National Ambient Air Quality Standard (NAAQS) for lead as part of a State Implementation Plan (SIP) revision.

The statutory authority for the amendments to Part 248 are the Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, and 71-2105.

The statutory authority for the amendments to Part 219 and attendant revisions to Part 200 are the ECL 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; Sections 111 and 129 of the Clean Air Act (CAA); and 40 CFR 60, Subpart MMMM, "Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units".

NYS DEC proposes to amend Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles. These amendments will continue to implement the Diesel Emission Reduction Act of 2006 (DERA) and conform Part 248 to the recent ECL Section 19-0323 changes. In addition, recent court decisions require NYS DEC to revise portions of the regulation. It will also continue to generally mitigate a potential threat to the health and well being of New Yorkers posed by diesel exhaust emissions and provide emissions reductions thereby meeting legislative objectives.

NYS DEC proposes to amend Part 219, Incinerators, to adopt a new Subpart 219-9, which would apply statewide to existing sewage sludge incineration (SSI) units constructed on or before October 14, 2010. NYS DEC intends to incorporate by reference the requirements of 40 CFR Part 60, Subpart MMMM. Subpart 219-1, which provides definitions and outlines the applicability requirements of the various Part 219 Subparts, is also being revised to reflect the proposed new requirements. The proposed regulation will establish mandatory limits for nine air pollutants: particulate matter (PM), sulfur dioxide (SO2), hydrogen chloride (HCl), nitrogen oxides (NOx), carbon monoxide (CO), lead (Pb), cadmium (Cd), mercury (Hg), and dioxins/furans. The Guidelines also establish an opacity limit, as well as specific requirements for initial and annual performance testing, operator training, recordkeeping and reporting, and compliance monitoring. NYS DEC is undertaking this rulemaking to comply with federal requirements pursuant to Sections 111 and 129 of the CAA, and federal SSI Guidelines issued on March 21, 2011.

NYS DEC is proposing an infrastructure assessment as a SIP revision for the NAAQS for lead, as required under the CAA Sections 110(a)(1) and (2). Pursuant to Sections 110(a)(1) and (2), states are required to submit infrastructure demonstrations to the U.S. Environmental Protection Agency (EPA) showing that their air programs address basic SIP requirements related to the attainment of a new or revised NAAQS. Section 110(a)(1) contains the general requirements for submitting a SIP after promulgation of a new or revised NAAQS, while Section 110(a)(2) contains the specific elements to be addressed in these plans.

Hearings for proposed amendments and SIP revisions described above will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:


Date: Tuesday, January 17, 2012
Time: 2:00 p.m.
Location: NYS DEC Annex - Region 2
11-15 47th Avenue, Hearing Room 106
Long Island City, NY 11101

Date: Wednesday, January 18, 2012
Time: 2:00 p.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129A
Albany, NY 12233

Date: Thursday, January 19, 2012
Time: 2:00 p.m.
Location: NYSDEC - Region 8 Office
Conference Room
6274 East Avon-Lima Road (Routes 5 and 20)
Avon, NY 14414

Requests for information and comments related to Part 248 may be obtained from James Bologna, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, Phone: (518) 402-8292, E-mail: 248DERA@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5 p.m., January 26, 2012.

Requests for information and comments related to Part 219 and Part 200 may be obtained from John Henkes, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: 219incin@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5 p.m., January 26, 2012.

Requests for information and comments related to the proposed SIP revision may be obtained from Scott Griffin, NYS DEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: dar.sips@dec.ny.gov. Written statements may be submitted to the Department at the above address, until 5 P.M., January 26, 2012.

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 negative effect on the environment.

NYS DEC invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend a hearing. At the hearings, 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.

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by December 30, 2011, to Laura Stevens, NYSDEC, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8451, E-mail: air.regs@dec.ny.gov.

The proposed regulations, SIP revisions and associated supporting information 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


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