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ENB - Statewide Notices 1/18/2012

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-d, 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 the recreational and commercial harvest of tautog. This notice will be published in issue 3 of the State Register, dated January 18, 2012.

For further information, please contact:

Stephen W. Heins
NYS DEC - Region1 Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 9-0305, and 19-0312, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC proposes to adopt a new 6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities, and revisions to 6 NYCRR Part 200, General Provisions. The proposed Part 251 will establish carbon dioxide (CO2) emission standards for new major electric generating facilities (defined as facilities that have a generating capacity of at least 25 megawatts (MW)), and for increases in capacity of at least 25 MW at existing electric generating facilities. The revisions to Part 200 incorporate references to federal rules.

The Power NY Act of 2011 (Chapter 388 of the laws of 2011) included the reauthorization of a revised Public Service Law Article X (Article X), regarding the siting of power plants. The Power NY Act of 2011 also added ECL Section 19-0312, which requires the NYS DEC to promulgate a regulation targeting reductions in emissions of CO2 from major electric generating facilities. Therefore, NYS DEC is proposing to adopt Part 251 in order to fulfill this statutory requirement. Pursuant to ECL Section 19-0312, Part 251 must be adopted by August 4, 2012.

For further information, contact:

Michael Jennings
NYS DEC - Division of Air Resources
Bureau of Stationary Sources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: 251GHG@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Part 487, Analyzing Environmental Justice Issues in Siting of
Major Electric Generating Facilities Pursuant to Public Service Law Article 10

Pursuant to Public Service Law (PSL) Article 10 and PSL Sections 164(1)(f), (g), (h); and Chapter 388 of the Laws of 2011, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC proposes to adopt a new 6 NYCRR Part 487, Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10. The proposed Part 487 will establish a regulatory framework for undertaking an analysis of environmental justice (EJ) issues associated with the siting of a major electric generating facility in New York State pursuant to Article 10 of the Public Service Law.

The Power NY Act of 2011 (Chapter 388 of the Laws of 2011) reestablished and revised Public Service Law Article 10 (Article 10), regarding the siting of power plants. Article 10 requires the Department to promulgate regulations for the analysis of EJ issues. Therefore, NYS DEC is proposing to adopt Part 487 in order to fulfill this statutory requirement. Pursuant to the Power NY Act of 2011, Part 487 must be adopted by August 4, 2012.

For further information, contact:

Melvin Norris
NYSDEC - Office of Environmental Justice
625 Broadway
Albany, NY 12233-1500
Phone: (518) 402-8556
E-mail: EJcomments@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 addition of 6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities and revisions 6 NYCRR Part 200, General Provisions; and

b) proposed addition of 6 NYCRR Part 487, Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10.

The statutory authority for Part 251 and attendant revisions to Part 200 are the Environmental Conservation Law (ECL) Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, and 19-0312.

The statutory authority for the Part 487 are Public Service Law (PSL) Article 10 and PSL Sections 164(1)(f), (g), (h); and Chapter 388 of the laws of 2011, The Power NY Act of 2011.

NYS DEC is proposing to adopt a new 6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities, and revisions to 6 NYCRR Part 200, General Provisions. The proposed Part 251 will establish carbon dioxide (CO2) emission standards for new major electric generating facilities (defined as facilities that have a generating capacity of at least 25 megawatts (MW)), and for increases in capacity of at least 25 MW at existing electric generating facilities. The revisions to Part 200 incorporate references to federal rules. The Power NY Act of 2011, and specifically ECL Section 19-0312, requires that these regulations be adopted by August 4, 2012.

NYS DEC also proposes to adopt a new Part 487, Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10. The proposed Part 487 will establish the regulatory framework for undertaking an analysis of environmental justice issues associated with the siting of a major electric generating facility, including the evaluation of significant and adverse disproportionate environmental impacts, if any, which may result from the facility's construction or operation. The Power NY Act of 2011 requires that these regulations be adopted by August 4, 2012.

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

Date: Monday, March 5, 2012
Time: 3:00 p.m.
Location: NYS DEC - Central Office
625 Broadway, Public Assembly Room 129
Albany, NY 12233

Date: Tuesday, March 6, 2012
Time: 3:00 p.m.
Location: New York State Department of Public Service
90 Church Street, 4th Floor
New York, NY 10007

Date: Thursday, March 8, 2012
Time: 3:00 p.m.
Location: NYS DEC - Region 9 Office
Hearing Room
270 Michigan Avenue
Buffalo, NY 14203

NYS DEC will conduct a public information session regarding Part 487 for one hour prior to each of the public hearings listed in this Notice. During these sessions, NYS DEC staff will entertain questions from the public concerning Part 487 only. Each public information session will commence at 2:00 p.m. and end at 3:00 p.m. These sessions are intended to be informal and will not be part of the official hearing record. Any comments that the public wishes to be included in the record should be submitted during the official public hearing, or by mail or email at the address listed below.

Requests for information and comments related to Part 251 may be obtained from: Michael Jennings, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: 251GHG@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5 p.m., Thursday, March 15, 2012.

Requests for information and comments related to Part 487 may be obtained from Melvin Norris, NYS DEC - Office of Environmental Justice, 625 Broadway, Albany, NY 12233-1500, Phone: (518) 402-8556, E-mail: EJcomments@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5 p.m., Thursday, March 15, 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 February 20, 2012, to Laura Stevens, NYS DEC, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8451, E-mail: airregs@gw.dec.state.ny.us.

The proposed regulations 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


Draft New York State 2012 Section 303(d) List of Impaired/TMDL Waters

This notice announces the availability of the Draft New York State 2012 Section 303(d) List of Impaired/TMDL Waters. The list identifies those waters that do not support appropriate uses and require and are scheduled for development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 45 days, through March 2, 2012.

Background: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to maintain a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State waters. Two components of the CALM are also available for comment. The Assessment Methodology outlines how waters are evaluated by New York State Department of Environmental Conservation (NYS DEC) to determine the degree of use support, and the Listing Methodology outlines the criteria NYS DEC uses to determine what waters are to be included on the Section 303(d) List. These documents are intended to clarify the current and continuing approach to assessment and listing by New York State.

Information: Copies of the Draft New York State 2012 Section 303(d) List and/or the revised Assessment and Listing Methodologies are available on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html. Copies of the List and Methodologies can also be obtained by contacting the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at (518) 402-8179. An electronic version of these documents can also be requested by email to: jamyers@gw.dec.state.ny.us.

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to: Jeff Myers of the Bureau of Watershed Assessment and Management at the above address, or emailed to: jamyers@gw.dec.state.ny.us.

Contact:
Jeff Myers, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, E-mail: jamyers@gw.dec.state.ny.us.


Draft Amendment No. 1 to the Drinking Water State Revolving Fund

Federal Fiscal Year (FFY) 2012 Intended Use Plan

FFY 2012 Readiness List Project Amendments:

Angelica (V), Allegany County SRF# 17621- Increase IUP listed cost to $1,216,320
Ashford (T), Cattaraugus County SRF# 17589-Change borrower to W. Valley Crystal Water Co.
Brockton (V), Chautauqua County SRF# 17622- Increase IUP listed cost to $3,295,000
Coxsackie (V), Greene County SRF# 17444- Increase IUP listed cost to $3,833,065
Hunter (V), Greene County SRF# 17496- Increase IUP listed cost to $2,209,000
Kingston (C), Ulster County SRF# 18058- Increase IUP listed cost to $780,000

The New York State Department of Health (NYS DOH) has determined that the project amendments are necessary, reasonable and consistent with the original project concept and the scope of the projects has not changed. The cost increases are the result of higher than expected bids, additional required work, revised engineering estimates or combinations thereof. The project priority rankings above the funding line were not altered and the project amendments will not adversely affect any project on the IUP Project Readiness List above the funding line. Except for the above-noted changes, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings.

Public Review And Comment On Draft Amendment No. 1

NYS DOH will accept comments on Amendment No. 1 to the FFY 2012 DWSRF IUP by mail, fax or email until close of business Wednesday January 31, 2012.

Comments should be addressed to:

Roger Sokol, PhD.
NYS DOH - Bureau of Water Supply Protection
Flanigan Square
547 River Street, Room 400
Troy, New York 12180-2216
Fax: 518-402-7659
E-mail: bpwsp@notes.health.ny.us (If sent by email please reference "IUP amendment comment" in the subject line)


New York State Department of Environmental Conservation (NYS DEC) Releases Five-Year Bobcat Management Plan

NYS DEC announced the availability for public review of a draft 5 year bobcat management plan. The draft document will guide NYS DEC's management of bobcat through 2017.

A team of NYS DEC biologists and technicians reviewed a wealth of observation data and input from the public, including hunters and trappers, and prepared a succinct action plan for guiding management and use of bobcats in New York. The team expects bobcat populations to continue to grow and expand into new areas of the state. The plan proposes simpler and concurrent hunting and trapping seasons in traditional harvest areas, new harvest opportunities in other parts of the state, and continued use of biological and citizen-derived data sets for managing bobcat.

Highlights of the plan include:

• Lengthening of bobcat trapping seasons in the northern zone of the state to make them concurrent with bobcat hunting seasons;
• Opening of new areas in the Southern Tier of central and western New York to bobcat hunting and trapping; and
• Various approaches to monitoring trends in bobcat populations in different areas of the state.

The draft bobcat management plan, and much additional information about bobcats in New York, can be found on the NYS DEC website at: www.dec.ny.gov/animals/9360.html. If you do not have access to the internet, contact NYS DEC's Game Management Section at (518) 402-8883 to request a paper copy of the draft plan.

Actions described in the draft plan are subject to change based on comments received by February 16, 2012. Comments, questions, or requests for a paper copy of the draft plan should be sent by e-mail to: fwwildlf@gw.dec.state.ny.us (type "bobcat plan" in the subject line) or by regular mail to NYS DEC - Division of Fish, Wildlife and Marine Resources, Bureau of Wildlife, Bobcat Management Plan, 625 Broadway, Albany, NY 12233-4754.

Contact: Bryan L. Swift, NYSDEC - Division of Fish, Wildlife and Marine Resources, Bureau of Wildlife, Game Management Section, 625 Broadway, Albany, NY 12233-4754, Phone: (518) 402-8922, E-mail: fwwildlf@gw.dec.state.ny.us.


Notice of Retirement of Unsold Allowances
CO2 Budget Trading Program

The New York State Department of Environmental Conservation (NYS DEC) hereby gives notice that it is retiring unsold allowances under 6 NYCRR Part 242, CO2 Budget Trading Program (Part 242), pursuant to 6 NYCRR § 242-5.3(a)(3)(ii). NYS DEC is retiring 38,801,402 unsold allowances under Part 242, all of which are first control period (2009-2011) CO2 allowances.

The 38,801,402 CO2 allowances that NYS DEC is retiring were offered for sale, but not sold, at Regional Greenhouse Gas Initiative (RGGI) CO2 allowance auctions. The number of CO2 allowances being retired represents the total number of 2009-2011 vintage CO2 allowances that were offered for sale, but not sold, at the CO2 allowance auctions held on: September 9, 2010; December 1, 2010; June 8, 2011; September 7, 2011; and December 7, 2011. The CO2 allowance auctions were administered by RGGI, Inc., on behalf of New York State and the other RGGI participating states.

The retirement of these 38,801,402 CO2 allowances will be reflected by NYS DEC in the RGGI CO2 Allowance Tracking System (COATS), which may be accessed at http://www.rggi-coats.org. For additional information regarding this Notice, please contact:

Contact: Michael P. Sheehan, NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233-3251, Phone: (518) 402-8396, E-mail: 242rggi@gw.dec.state.ny.us.



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