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ENB - Statewide Notices 1/30/2013

Public Notice

Notice of Adoption to Amend 6 NYCRR 326

Pursuant to the Environmental Conservation Law section 33-0303, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 326 pertaining to the use of fluridone pellets in waters less than two feet. This notice will be published in issue 5 of the State Register, dated January 30, 2013.

For further information, please contact:

Anthony Lamanno
NYS DEC - Division of Materials Management
625 Broadway, 9th Floor
Albany, NY 12233-7254
E-mail: pestmgt@gw.dec.state.ny.us


Notice of Proposed Rule Making to Amend 6 NYCRR Part/Section 2.30

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0307, 11-0903, 11-0909, 11-0917, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Part/section 2.30 pertaining to the hunting of snow geese in New York State was filed with the Department of State on January 15, 2013, and will be posted in issue of the State Register, dated January 30, 2013.

For further information, please contact:

Bryan Swift
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8922
E-mail: blswift@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections 3-0301, 11-0325, 11-1905 and 27-0703 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The Notice of Adoption to amend 6 NYCRR Part 189/section 3/subpart e-li of Title 6 NYCRR Chronic Wasting Disease, Section 3 pertaining to prohibitions was filed with the Department of State on January 15, 2013. This rule making will become effective when it appears in the State Register on January 30, 2013, issue five (5).

Documents pertaining to this rule can be viewed on the NYS DEC website at: http://www.dec.ny.gov/regulations/propregulations.html.

For further information, please contact:

Patrick P. Martin
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4752
Phone: (518) 402-8920
E-mail: pxmartin@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 (NYS DEC) hereby gives notice of the following:

Notice of adoption of rules on January 10, 2013, filed with the Department of State on January 10, 2013, to be effective February 9, 2013, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 621, Uniform Procedures.

NYS DEC will adopt amendments to 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. This action will amend Part 621 to make the maximum term for air state facility permits consistent with the concurrently proposed revisions to Part 201.

For further information, please contact:

Mark Lanzafame
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
Fax: (518) 402-9035
E-mail: air.regs@dec.ny.gov


Notice of Adoption

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 (ECL) 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 (NYS DEC) hereby gives notice of the following:

Notice of adoption of rules on January 6, 2013, filed with the Department of State on January 10, 2013, to be effective February 9, 2013, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles.

The purpose of this amendment is to make Part 248 consistent with the amendments to New York Environmental Conservation Law Section 19-0323 and recent Court decisions.

For further information, please contact:

James Bologna
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292
E-mail: air.regs@dec.ny.gov


Withdrawal of State Implementation Plan For 1987 PM10 NAAQS For New York County Nonattainment Area and Request for Clean Data Finding

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) submitted to the United States Environmental Protection Agency (US EPA) a formal request for withdrawal of the state implementation plan (SIP) that was submitted for the 1987 coarse particulate matter (PM10) National Ambient Air Quality Standard (NAAQS) in September 1995. NYS DEC is also withdrawing the associated request for redesignation of the nonattainment area, as originally presented to US EPA in July 1995.

In conjunction with withdrawing the PM10 SIP and redesignation request, the NYS DEC is formally requesting that US EPA makes a clean data finding for New York County for the 1987 PM10 NAAQS. Data from the PS 19 and Division Street monitors from 2009 through 2011 show concentrations in New York County well below the levels of the annual and 24-hour PM10 NAAQS. The highest three-year average annual concentration during this period was 21.4 µg/m3, compared to the standard of 50 µg/m3, and the maximum 24-hour value was 62 µg/m3, compared to the standard of 150 µg/m3.

A 30 day public comment period is being provided for this submission. Written comments should be submitted by 5:00 p.m. on March 1, 2013 to: Scott Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, or by email to dar.sips@dec.ny.gov.

Contact: Scott Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, E-mail: dar.sips@dec.ny.gov.


Withdrawal of the Reasonable Further Progress portion of the State Implementation Plan revision entitled "New York State Implementation Plan for Ozone (8-Hour NAAQS) - Attainment Demonstration for Poughkeepsie, NY Area"

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has submitted a withdrawal request to the United States Environmental Protection Agency (US EPA) for the Reasonable Further Progress (RFP) portion of the State Implementation Plan (SIP) revision entitled "New York State Implementation Plan for Ozone (8-Hour NAAQS) - Attainment Demonstration for Poughkeepsie, NY Area" to the United States Environmental Protection Agency (US EPA) that was submitted to EPA on February 8, 2008.

On July 30, 2009, NYS DEC petitioned US EPA to make a binding determination that the Poughkeepsie area had attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) based on monitoring data from 2006 through 2008. The US EPA approved the clean data petition on December 7, 2009 (74 FR 63993), but did not take action on NYS DEC's February 8, 2008 SIP submittal at that time. The Poughkeepsie area continues to monitor attainment of the 1997 ozone NAAQS.

On December 11, 2012, US EPA proposed approval of the attainment demonstration portion of the February 8, 2008 submittal entitled "New York State Implementation Plan for Ozone (8-Hour NAAQS) - Attainment Demonstration for Poughkeepsie, NY Area". However, US EPA has requested additional information regarding the RFP requirements. At this point, the RFP SIP revision serves no beneficial purpose because emissions reductions already gained locally and upwind were sufficient to attain both the 1997 and, it is important to note, the stricter 2008 ozone NAAQS. Furthermore, withdrawing the RFP portion of the February 8, 2008 SIP will not lead to any backsliding or loss of control requirements.

Since US EPA has made a clean data determination, the NYS DEC, in accordance with US EPA guidance issued on May 5, 1999, is not required to submit a SIP concerning RFP requirements. Therefore, NYS DEC has requested withdrawal of the RFP portion of the February 8, 2008 submittal.

Questions pertaining to the withdrawal can be directed to: Robert D. Bielawa, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396; or by e-mail to dar.sips@dec.ny.gov.

Contact: 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.


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