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ENB - Statewide Notices 2/6/2013

Public Notice

Meeting Notice

Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the New York State Departmental of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The New York Invasive Species Council is convening its fourteenth regular meeting on:

Date: Wednesday, February 13, 2013
Time: 10:00 a.m. to 2:00 p.m.
Location: NYS Canal Corporation
200 Southern Blvd
Albany, NY 12209

The Council comprises nine State agencies and is co-led by the NYS DEC and the New York State Department of Agriculture and Markets.

This meeting is open to the public. Attendees will be required to show a drivers license or other photo ID at the Security Desk.

Contact: Kathy Moser, NYS DEC, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8533 or Kevin King, New York State Department of Agriculture and Markets, 10 B Airline Drive, Albany, NY 12235, Phone: (518) 457-2087.


Notice of Proposed Rulemaking

6 NYCRR Part 203, Indirect Sources of Air Contamination
6 NYCRR Part 200, General Provisions
6 NYCRR Part 621, Uniform Procedures

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

NYS DEC is proposing to repeal 6 NYCRR Part 203 (Part 203), Indirect Sources of Air Contamination, and simultaneously revise 6 NYCRR Parts 200, General Provisions, and Part 621, Uniform Procedures, to remove all references to Part 203.

For further information, contact:
Michael Sheehan
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8396
Fax: (518) 402-9035
E-mail: 203isac@gw.dec.state.ny.us


Notice of Public Hearing

Redesignation Request and Maintenance Plan for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards; Carbon Monoxide Limited Maintenance Plan for the New York Metropolitan Area; and Repeal of 6 NYCRR Part 203, Indirect Sources of Air Contamination

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) will hold a legislative Public Hearing on three separate proposals:

1. The NYS DEC is submitting to the United State Environmental Protection Agency (US EPA) a re-designation request for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) NAAQS for the New York Metropolitan Area (NYMA) nonattainment area. This 10 county nonattainment area (consisting of New York City and Nassau, Suffolk, Westchester, Rockland, and Orange counties) first showed compliance with both standards in 2009 (based on 2007-2009 monitored PM2.5 concentrations), and more recent monitoring data continue to demonstrate attainment of both NAAQS.

As required by the Clean Air Act (CAA), the re-designation request includes a maintenance plan, which provides for continued attainment of the PM2.5 NAAQS in the NYMA through 2025, based on emission inventory projections. Approval of the re-designation request and maintenance plan will allow US EPA to officially re-designate the NYMA as attainment for the annual and 24 hour PM2.5 NAAQS, and thus alleviate additional program requirements faced by states subject to nonattainment designations.

2. The NYS DEC is proposing a revision to the NYMA carbon monoxide (CO) SIP by submitting a limited maintenance plan (LMP) that demonstrates continued attainment of the CO NAAQS until at least 2022. The New York State portion of the NYMA CO nonattainment area (consisting of New York City and Westchester and Nassau counties) was re-designated to attainment of the CO standards effective May 20, 2002. This submission satisfies the requirement of CAA Section 175(A)(b) that obligates the State of New York to submit an additional revision of the CO SIP that demonstrates continued attainment of the CO NAAQS for 10 years after the expiration of the original 10 year period post-re-designation. In order to use the limited maintenance plan (LMP) option, design values must be at or below 85% of exceedance levels of the CO NAAQS. Ambient air quality monitoring data indicates that air quality in the NYMA has met the requirements for submittal of a LMP.

3. The NYS DEC is proposing to repeal 6 NYCRR Part 203 (Part 203), Indirect Sources of Air Contamination, and simultaneously revise 6 NYCRR Parts 200, General Provisions, and Part 621, Uniform Procedures, to remove all references to Part 203.

A Public Hearing will be held for these proposals at the following location and time:

Date: Tuesday, March 26, 2013
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

The Public Hearing is scheduled in a place that is reasonably accessible to persons with impaired mobility. At the hearing, NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by March 11, 2013, to Laura Stevens, NYS DEC, 625 Broadway, Albany NY 12233 3258, Phone: (518) 402-8401, E-mail: airregs@gw.dec.state.ny.us.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act (SEQRA), NYS DEC has prepared Negative Declarations stating that the proposed actions will not have a significant adverse effect on the environment.

NYS DEC invites all persons, organizations, corporations, and government agencies that may be affected by the proposals to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearing and oral statements made at the hearing will be given equal weight.

Requests for information related to the PM2.5 redesignation request and maintenance plan may be obtained from: Scott L. Griffin, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY, 12233-3251, Phone (518) 402-8396, E-mail: airsips@gw.dec.state.ny.us. Comments on the PM2.5 redesignation request and maintenance plan may be submitted to Scott Griffin at the above contacts until 5:00 p.m., April 2, 2013.

Requests for information related to the CO LMP may be obtained from: Diana L. Rivenburgh, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: airsips@gw.dec.state.ny.us. Comments on the Carbon Monoxide limited maintenance plan may be submitted to Diana Rivenburgh at the above contacts until 5:00 p.m., April 2, 2013.

Requests for information related to the repeal of Part 203 may be obtained from: Michael P. Sheehan, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone (518) 402-8396, E-mail: 203isac@gw.dec.state.ny.us. Comments on the repeal of Part 203 may be submitted to: Michael Sheehan at the above contacts until 5:00 p.m., April 2, 2013.

All of the proposals may also 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: Thomas Rudolph
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


Availability for Comment on Draft TMDL

This notice announces the availability of a Draft Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) to address the following waterbody:

Java Lake, Wyoming County

Java Lake is impaired for phosphorus. Public comment on this document will be accepted for 30 days, through close of business March 8, 2013.

Background: States are required by Section 303(d) of the Clean Water Act and the United States Environmental Protection Agency's (US EPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The phosphorus TMDL for Java Lake will rely upon voluntary load reduction efforts from the on-site wastewater treatment (septic) systems and from the agricultural community. Reductions from these sources are necessary to address the existing water quality impairment caused by excessive phosphorus loads.

Information: Copies of the proposed Draft TMDL can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html or by contacting Steve Gladding at NYS DEC - Division of Water, Bureau of Water Resource Management by mail at 625 Broadway, 4th Floor, Albany NY 12233-3508, or by phone at (518) 402-8207, or via email at smgladdi@gw.dec.state.ny.us. Parties interested in meeting with NYS DEC personnel regarding the Draft TMDL document should contact Steve Gladding via phone or at any of the addresses above to request a meeting. Comments on the Draft TMDL document should be sent, written or email, to the same address. Comments received by close of business March 8, 2013 will be considered prior to submitting the final TMDL to the EPA for approval.

Contact: Steve Gladding at NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany NY 12233-3508, Phone: (518) 402-8207, E-mail: smgladdi@gw.dec.state.ny.us.


Draft Amendment No. 1 to the FFY 2013 CWSRF Intended Use Plan

Identification of Green Innovation Grant Program 2012 - Round 4 projects, Smart Growth for FFY 2013 Projects, and revisions to the Annual PPL

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2013 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF), issued November 2012 is being amended.

NYS EFC is seeking comment on the 2013 CWSRF IUP Amendment No. 1.

This draft amendment to the Clean Water State Revolving Fund (CWSRF) Intended Use Plan (IUP) for Federal Fiscal Year (FFY) 2013 includes information regarding the identification of the Green Innovation Grant Program (GIGP) 2012 - Round 4 projects, a request for Smart Growth review of projects on the FFY 2013 Annual List and all GIGP projects, and revisions to the Annual PPL.

The Draft Amendment No. 1 will be available on the NYS EFC website at: www.efc.ny.gov.

Written comments on Amendment No. 1 to the CWSRF IUP will be accepted by mail, e-mail, or fax until close of business, Friday, February 22, 2013.

Comments and questions should be addressed to:

Timothy P. Burns
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-7396
Fax: (518) 402-7456
E-mail: iupcomments@efc.ny.gov


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