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ENB - Statewide Notices 8/8/2012

Public Notice

The New York State Department of Environmental Conservation (NYS DEC) - Division of Water (DOW) is making available the Division of Water policy DOW 1.2.2: Administrative Procedures and the Environmental Benefit Permit Strategy for Individual SPDES Permits. The primary purpose of this document is to describe the administrative steps for developing new, renewed and modified permits under the SPDES permit program. It also describes the procedures for ranking a permit by calculating a priority score, the documentation pathways used in the permitting process, and the procedures for developing the public notice published annually in the Environmental Notice Bulletin (ENB). This guidance will become effective 30 days following publication of this notice in the Environmental Notice Bulletin.

Copies are available in each NYS DEC regional office, in the NYS DEC central office in Albany, and on the NYS DEC website at: http://www.dec.ny.gov/regulations/2652.html or may be requested from the contact listed below. Paper copies cost $9.25.

Contact: Brian Baker, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3500, Phone: (518) 402-8111.


Pursuant to the Environmental Conservation Law (ECL) section 13-0307 and 13-0319, the New York State Department of Environmental Conservation - Division of Fish, Wildlife and Marine Resources has adopted amendments to 6 NYCRR Part 41 to close certain shellfish lands to harvest. These areas include portions of the following areas: Cutchogue Harbor (Town of Southold), Bellport Bay, Port Jefferson Harbor (Town of Brookhaven), Northwest Harbor (Town of East Hampton), North Sea Harbor and Davis Creek (Town of Southampton), South Oyster Bay (Town of Oyster Bay), Western Long Island Sound (Towns of North Hempstead and Oyster Bay) and Cold Spring Harbor (Towns of Oyster Bay and Huntington). Portions of these areas do not meet the bacteriological water quality standards for a certified shellfish land. Shellfish harvested from areas that do not meet the bacteriological standards for a certified shellfish land have an increased potential to cause illness in shellfish consumers. Such areas must be closed to the harvest of shellfish.

This notice will be published in issue 32 of the State Register, dated August 8, 2012. Please see: http://www.dec.ny.gov/regs/4014.html for 6 NYCRR Part 41.

For further information, please contact:


Gina M. Fanelli
NYS DEC - Marine Resources Headquarters
Bureau of Marine Resources
Shellfish Growing Area Certification Unit
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0482
E-mail: gmfanell@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 201, Permits and Registrations, attendant revisions to 6 NYCRR Part 200, General Provisions; and revisions to the SIP to remove an outdated version of Part 201 that was approved by EPA on October 3, 2005 (70FR5711) and incorporate the revisions to Paragraph 201-2.1(b)(21), Section 201-7.1, Section 201-7.2, and attendant revisions to Part 200;

b) proposed revisions to 6 NYCRR Part 218, Emission standards for Motor Vehicles and Motor Vehicle Engines, and attendant revisions to 6 NYCRR Part 200, General Provisions; repeal of 6 NYCRR Part 252, Environmental Performance Labels.

The statutory authority for the revisions to Part 201 is found in Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 70-0109, 71-2103, and 71-2105 of the Environmental Conservation Law (ECL), 40 CFR 70, Section 7661[b] of the United States Code (USC), and Sections 160-169 and 171-193 of the Federal Clean Air Act (Act) (42 USC Sections 7470-7479;7501-7515).

The statutory authority for the revisions to Part 218 is the ECL, Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, 71-2105 and Section 177 of the federal Clean Air Act (42 USC 7507).

NYS DEC is proposing to revise and update Part 201, Permits and Registrations to further clarify its requirements and simplify its implementation, making it more efficient and cost effective for affected facilities. The proposed changes to Part 201 include the addition of several exempt and trivial activities, the removal of outdated transition plan requirements and many other minor language corrections. The provisions for emission sources operating on a temporary basis will also be clarified. Permitting thresholds for 62 persistent, bioaccumulative, and/or toxic compounds are also being added in order to more closely monitor and where possible control their emissions. Facility owners and operators still holding outdated certificates to operate will be required to update their current permit by submitting a permit or registration application. Lastly, NYS DEC is proposing to limit the term of issuance for state facility permits and registrations to 10 years, ensuring that the air permits and registrations issued by NYS DEC contain the most up to date information possible. The scope of the existing Part 201 is not changed as a result of these proposed revisions.

NYS DEC is proposing to amend Part 218 to incorporate revisions to the low emission vehicle (LEV), greenhouse gas (GHG), zero emission vehicle (ZEV), environmental performance label, and new aftermarket and used catalytic converter standards that have been adopted by the California Air Resources Board (CARB) as part of the LEV program. NYS DEC is also incorporating California's emissions warranty and recall provisions. Part 252 is being repealed and its contents are being updated and incorporated into Part 218.

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

Date: Monday, September 17, 2012
Time: 2:00 p.m.
Location: NYS DEC - Region 8 Office Conference Room, 6274 East Avon-Lima Road (Rourtes 5 and 20), Avon, NY 14414

Date: Wednesday, September 19, 2012
Time: 2:00 p.m.
Location: NYS DEC, 625 Broadway, Public Assembly Room 129B, Albany, NY 12233

Date: Thursday, September 20, 2012
Time: 2:00 p.m.
Location: NYS DEC - Region 2 Office, 1 Hunters Point Plaza, 47-40 21st Street, Room 834, Long Island City, NY 11101

Requests for information and comments related to Part 201 and Part 200 may be obtained from Mark Lanzafame, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: 201permit@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address until 5:00 p.m., September 27, 2012.

Requests for information and comments related to the SIP revisions may be obtained from Robert D. Bielawa, 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 NYS DEC at the above address, until 5:00 p.m., September 27, 2012.

Requests for information and comments related to Part 218 may be obtained from Jeff Marshall, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, Phone: (518) 402-8292, E-mail: 218lev3@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address until 5:00 p.m., September 27, 2012.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, 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 5:00 p.m., August 31, 2012, to Laura Stevens, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8451, E-mail air.regs@dec.ny.gov.

The proposed regulations and associated supporting information may be obtained from any of the following NYS DEC offices:

REGION 1 - NYSDEC-Region 1, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790, Attention: Merlange Genece
REGION 2 -1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Samuel Lieblich
REGION 3 - 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb
REGION 4 - 1130 North Westcott Rd., Schenectady, NY 12306, Attention: Donald Spencer
REGION 5 - Hudson Street Extension, Box 220, Warrensburg, NY 12885, Attention: James Coutant
REGION 6 - Watertown State Office Bldg., 317 Washington St., Watertown, NY 13601, Attention: Thomas Morgan
REGION 7 - 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker
REGION 8 - 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott
REGION 9 - 270 Michigan Ave., Buffalo, NY 14203, Attention: Alfred Carlacci



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