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ENB - Statewide Notices 10/31/2012

Public Notice

Notice of Emergency Adoption and Proposed Rule Making to Amend 6 NYCRR Part 189.

Pursuant to the Environmental Conservation Law Part 189 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 189 pertaining to Chronic Wasting Disease. This notice will be published in issue 44 of the State Register, dated Oct 31, 2012.

For further information, please contact:

Steve Hurst
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233
Phone: (518) 402-8988
E-mail: sshurst@gw.dec.state.ny.us


Notice of Proposed Rule Making

6 NYCRR Part 228, Subpart 228-1 Surface Coating Processes and
Subpart 228-2 Commercial Industrial Adhesives, Sealants and Primers
6 NYCRR Part 200, General Provisions
6 NYCRR Part 201, Permits and Registrations

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 Clean Air Act (CAA) Section 182; the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC proposes amendments to 6 NYCRR Subpart 228-1, 'Surface Coating Processes', and attendant revisions to Parts 200 and 201, to incorporate the requirements contained in federal Control Technique Guidelines (CTGs) establishing Reasonably Available Control Technology (RACT) for volatile organic compounds (VOCs) emitted by surface coating processes; and revisions to the State Implementation Plan (SIP) to incorporate the proposed revisions to Part 228, and attendant revisions to Parts 200 and 201.

The CTGs were issued by the US Environmental Protection Agency (EPA) between April 1996 and September 2008 and address a number of surface coating processes including:

1) Flat Wood Paneling Coatings, issued September 2006
2) Metal Furniture Coatings, issued September 2007
3) Large Appliance Coatings, issued September 2007
4) Automobile and Light-Duty Truck Assembly Coatings, issued September 2008
5) Miscellaneous Metal and Plastic Parts Coatings, issued September 2008
6) Paper, Film and Foil Coatings, issued September 2007
7) Wood Furniture Coating, issued April 1996

The proposed revisions to Subpart 228-1 will conform to the federal CTGs and 1) restructure the current rule for ease of use and streamlining purposes; 2) lower certain applicability thresholds; 3) lower certain VOC content limits; 4) add several coating subcategories; and 5) increase the "overall removal efficiency rating for add-on controls. The proposed revisions to Subpart 228-2 consist of editorial and clarification changes intended to avoid overlap with other existing regulations, and remove an unnecessary provision related to labeling. CAA Section 182 requires New York State to revise its State Implementation Plan (SIP) to include requirements that are consistent with the federal CTGs.

For further information, contact:

John L Henkes
NYS DEC - Division of Air Resources
Bureau of Stationary Sources
625 Broadway
Albany NY 12233-3254
Phone: (518 )402-8403
Fax: (518)402-9035 fax
E-mail: 228scp@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Subpart 225-1, Fuel Composition and Use - Sulfur Limitations
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0325, Section 71-2103, 71-2105 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC proposes to adopt revisions to 6 NYCRR Subpart 225-1, Fuel Composition and Use - Sulfur Limitations; and 6 NYCRR Part 200, General Provisions. Subpart 225-1 imposes limits on the sulfur content of distillate oil, residual oil, and coal fired in stationary sources. NYS DEC is proposing these changes to both implement a statutory requirement and meet our obligations to reduce air pollution. The revisions to Part 200 incorporate references to federal rules.

The revisions to Subpart 225-1 will be a component of the State Implementation Plan (SIP) for New York State (NYS) directed at attainment of the particulate matter less than or equal to 2.5 microns in diameter (PM-2.5) national ambient air quality standard (NAAQS), the sulfur dioxide (SO2) NAAQS and NYS DEC's obligations under the regional haze SIP submitted to U.S. Environmental Protection Agency (EPA) on March 15, 2010.

For further information, contact:

Michael Jennings
NYSDEC - Division of Air Resources
Bureau of Stationary Sources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: 225sulfur@gw.dec.state.ny.us


Notice of Proposed Rulemaking

6 NYCRR Part 621, Uniform Procedures

Pursuant to Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 70-0107, 70-0109, 71-2103, and 71-2105 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) is proposing to amend its Uniform Procedures found in Title 6 of Official Compilation of Codes, Rules and Regulation of the State of New York (6 NYCRR) Part 621. In a concurrent rulemaking, the Department is proposing to amend Part 201 in order to, in part, limit the term of new and modified state facility permits to no more than 10 years. Under the existing Part 201, state facility permits are issued for an indefinite permit term. The term of certain air permits issued by the Department is also mentioned within Part 621. This proposal will amend Part 621 to make it consistent with the proposed revisions to Part 201.

For further information, contact:

Mark Lanzafame
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
Fax: (518) 402-9035
E-mail: 621upair@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 State Plan for the Implementation of Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units as promulgated by the US Environmental Protection Agency (EPA) on March 21, 2011 (SSI State Plan);

b) proposed amendments to the State Plan for Implementation of Municipal Waste Combustor Emission Guidelines as amended by EPA on May 10, 2006 (MWC State Plan); and

c) proposed amendments to 6 NYCRR Subpart 225-1 and attendant revisions to Part 200, to revise limits on the sulfur content of distillate oil and residual oil fired stationary sources across New York State. The revisions will be a component of the State Implementation Plan (SIP) for New York State (NYS) directed at attainment of the particulate matter less than or equal to 2.5 microns in diameter (PM-2.5) national ambient air quality standard (NAAQS), and the sulfur dioxide (SO2) NAAQS and the Department's obligations under the regional haze SIP submitted to EPA on March 15, 2010.

d) proposed amendments to 6 NYCRR Part 228, and attendant revisions to Parts 200 and 201, to incorporate requirements in federal Control Technique Guidelines (CTGs) establishing Reasonably Available Control Technology (RACT) for volatile organic compounds (VOCs) emitted by surface coating processes (Part 228 Surface Coatings); and revisions to the SIP to incorporate the proposed revisions to Part 228, and attendant revisions to Parts 200 and 201.

e) a proposed amendment to 6 NYCRR Part 621 to make it consistent with the concurrently proposed revisions to Part 201, in order to eliminate any potential confusion, questions or delays.

The statutory authority for the SSI State Plan are 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; 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".

The statutory authority for the MWC State Plan are ECL Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0301 and 19-0305; Sections 111 and 129 of the CAA; and Title 40 CFR Part 60, Subpart Cb, "Emission Guidelines for Existing Large Municipal Waste Combustors"

The statutory authority for amendments to Subpart 225-1 and attendant revisions to Part 200, are ECL Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0325, 71-2103, and 71-2105.

The statutory authority for the amendments to Part 228, and attendant revisions to Parts 200 and 201, are 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 Section 182 of the CAA.

The statutory authority for the amendment to Part 621 are ECL Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 70-0107, 70-0109, 71-2103, and 71-2105.

SSI State Plan: NYS DEC is proposing a State Plan for Implementation of Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units. The CAA mandates that States submit to EPA a State Plan in accordance with the requirements of Section 111(d) and 129 of the Clean Air Act, for implementation and enforcement of 40 CFR 60, Subpart MMMM, "Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units" promulgated by the US Environmental Protection Agency (EPA) on March 21, 2011. The proposed State's Plan addresses the nine (9) required elements specified in Subpart MMMM 60.5015. As part of the federal requirements, the Department has promulgated 6 NYCRR Part 219-9 'Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units' which became effective on May 12, 2012.

MWC State Plan: NYS DEC is proposing to amend the State Plan for Implementation of Emission Guidelines for Existing Large Municipal Waste Combustors. The CAA mandates that States submit to EPA a State Plan in accordance with the requirements of Section 111(d) and 129 of the CAA, for implementation and enforcement of 40 CFR Part 60, Subpart Cb, "Emission Guidelines for Existing Large Municipal Waste Combustors." NYS DEC incorporated by reference, these Guidelines on August 6, 2009. EPA revised its Guidelines for Existing Large Municipal Waste Combustors on May 10, 2006. In accordance with the CAA, NYS DEC is proposing to amend New York's MWC State Plan in order to conform to EPA's May 10, 2006 revisions.

Subpart 225-1, Fuel Composition and Use - Sulfur Limitations: NYS DEC proposes to revise 6 NYCRR Subpart 225-1, Fuel Composition and Use - Sulfur Limitations, and 6 NYCRR Part 200, General Provisions. Subpart 225-1 imposes limits on the sulfur content of distillate oil, residual oil, and coal fired in stationary sources. The Department is proposing these changes to both implement a statutory requirement and meet our obligations to reduce air pollution. The revisions to Subpart 225-1 will be a component of the SIP for NYS directed at attainment of the PM-2.5 NAAQS, the SO2 NAAQS and NYS DEC's obligations under the regional haze SIP submitted to EPA on March 15, 2010.

The revisions to Part 200 incorporate references to federal rules and add a definition for "waste oil". The revisions to Subpart 225-1 primarily include the lowering of the sulfur-in-fuel limits for all distillate and residual oils sold, purchased, and/or used in portable (not including non-road engines) or stationary sources in New York State. These revisions will also include the removal of "out-of-date" sulfur-in-fuel tables, expired source specific variances, and the correction of typographical errors. In addition, NYS DEC is removing the variance for emission sources with a maximum operating heat input greater than one million Btu per hour (mmBtu/hr) heat input rate that fire coal and coke in New York City, Nassau, Rockland, and Westchester Counties.

Part 228 Surface Coatings: NYS DEC proposes to amend 6 NYCRR Subpart 228-1, Surface Coating Processes; 6 NYCRR Subpart 228-2, Commercial Industrial Adhesives, Sealants and Primers; 6 NYCRR Part 200, General Provisions; and 6 NYCRR Part 201, Permits and Registrations, to incorporate requirements contained in seven CTGs issued by the EPA between April 1996 and September 2008. These CTGs address a number of surface coating processes including: 1) Flat Wood Paneling Coatings, issued September 2006; 2) Metal Furniture Coatings, issued September 2007; 3) Large Appliance Coatings, issued September 2007; 4) Automobile and Light-Duty Truck Assembly Coatings, issued September 2008; 5) Miscellaneous Metal and Plastic Parts Coatings, issued September 2008; 6) Paper, Film and Foil Coatings, issued September 2007; and 7) Wood Furniture Coating, issued April 1996.

The proposed revisions to Subpart 228-1, and attendant revisions to Parts 200 and 201, will conform to the federal CTGs and 1) restructure the current rule for ease of use and streamlining purposes; 2) lower certain applicability thresholds; 3) lower certain VOC content limits; 4) add several coating subcategories; and 5) increase the "overall removal efficiency rating for add-on controls. The proposed revisions to Subpart 228-2 consist of editorial and clarification changes intended to avoid overlap with other existing regulations, and remove an unnecessary provision related to labelling. CAA Section 182 requires New York State to revise its State Implementation Plan (SIP) to include requirements that are consistent with the federal CTGs.

Part 621 Uniform Procedures: NYS DEC's concurrently proposed amendments to Part 201 will create more definite time frames in certain portions of Part 201. Specifically, the maximum permit term for air state facility permits will now differ from Part 621. This proposal will amend the language in Part 621 to remove that difference and make Part 621 consistent with the revisions to Part 201 being concurrently proposed, thereby avoiding any unnecessary questions and delays.

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, December 17, 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

Date: Tuesday, December 18, 2012
Time: 2:00 p.m.
Location: NYS DEC - Region 8 Office Conference Room
6274 East Avon-Lima Road (Routes 5 and 20)
Avon, NY 14414

Date: Thursday, December 20, 2012
Time: 2:00 p.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129
Albany, NY 12233

Requests for information and comments related to the SSI State Plan may be submitted to: 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 5:00 p.m., Friday, December 28, 2012.

Requests for information and comments related to the MWC State Plan may be submitted to: Steve Yarrington, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: MWCplan@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Friday, December 28, 2012.

Requests for information and comments related to Subpart 225-1 may be submitted to: Mike Jennings, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: 225sulfur@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Friday, December 28, 2012.

Requests for information and comments related to Part 228 may be submitted to: John Henkes, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: 228scp@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Friday, December 28, 2012.

Requests for information and comments related to Part 621 may be submitted to: Mark Lanzafame, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: 621upair@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Friday, December 28, 2012.

Requests for information and comments related to the SIP revisions may be submitted to: Robert D. Bielawa, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone (518) 402-8396; E-mail: airsips@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5:00 p.m., Friday, December 28, 2012.

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 Friday, November 30, 2012: to Laura Stevens, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3258, Phone: (518) 402-8401, E-mail airregs@gw.dec.state.ny.us.

The proposed regulation, State Plans, SIP revision, 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


Notice of Revocation of 6 NYCRR Part 364 Waste Transporter Permit NJ-843

NYS DEC has determined that the record of noncompliance with the Environmental Conservation Law (ECL) and the rules and regulations promulgated thereunder at 6 NYCRR , Part 621 as enforced by NYS DEC, constitutes grounds for revocation of the NYS DEC Part 364 Waste Transporter Permit NJ-843 issued to AMG Industries Inc., Michele Gomez, President, 204 Eagle Rock Avenue, Roseland, NJ, 07068. Waste transporter permit NJ-843 had authorized the transport of petroleum contaminated soil. NYS DEC has accordingly revoked this permit effective October 31,2012. The permittee is no longer licensed or permitted to handle such waste.

For further information, please contact:

Michael J. McTague
NYS DEC - Division of Materials Management
625 Broadway, 9th Floor
Albany, NY 12233-7251
E-mail: transport@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, 2012 and applications will be accepted until October 31, 2012.

NYEL, which is entering its fifth 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's 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. In addition, NYEL members have access to a NYEL contact, within the NYS DEC. The NYEL contact will be available to assist with communication between the member and the NYS DEC, and to help members garner assistance in their environmental goals from the New York State Pollution Prevention Institute (http://www.nysp2i.rit.edu/). NYEL members are also able to use the NYEL logo to promote their green practices and receive recognition from the 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 a 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's 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, 2012. Interactive versions of the NYEL Entry Tier Application and NYEL Leadership Tier Application forms are available for download on the NYS DEC's 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 E-mail: jmvana@gw.dec.state.ny.us.

Contact: John Vana, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9467, E-mail: jmvana@gw.dec.state.ny.us.


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