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ENB - Statewide Notices 4/17/2013

Public Notice

Notice of Proposed Rulemaking

6 NYCRR Part 240, Transportation Conformity
6 NYCRR Part 200, General Provisions

Pursuant to Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, and 19-0305 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 existing 6 NYCRR Part 240 (Part 240), Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws and replace it with a new Part 240, Transportation Conformity, and simultaneously revise 6 NYCRR Parts 200, General Provisions.

For further information, contact:

Michael Sheehan
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8396
Fax: (518) 402-9035
E-mail: 240conform@gw.dec.state.ny.us


Notice of Public Hearing

State Implementation Plan addressing Clean Air Act Sections 110(A)(1) and (2) for the 2010 Sulfur Dioxide National Ambient Air Quality Standard; Repeal and Replacement of Existing 6 NYCRR Part 240, Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved under Title 23 U.S.C. or the Federal Transit Laws with A New 6 NYCRR Part 240, Transportation Conformity; and Revisions to the State Implementation Plan

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

1. The NYS DEC is fulfilling its obligation under the Clean Air Act (CAA) by submitting an "infrastructure" SIP for the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standard (NAAQS) that addresses each of the required elements of CAA section 110(a)(2), and affirms that New York's SO2 State Implementation Plan (SIP) meets the requirements of CAA sections 110(a)(1) and (2).

On June 2, 2010, the U.S. Environmental Protection Agency revised the primary NAAQS for SO2. The primary standard was revised to a level of 0.075 parts per million (ppm), averaged over one hour. Pursuant to CAA sections 110(a)(1) and (2), each state must meet basic SIP requirements related to the attainment of a new or revised NAAQS. Section 110(a)(1) requires "a plan which provides for implementation, maintenance, and enforcement" of a primary and secondary NAAQS, while section 110(a)(2) lists the specific required elements. The required elements are described in CAA sections 110(a)(2)(A) through 110(a)(2)(M).

2. The NYS DEC is proposing to repeal existing 6 NYCRR Part 240 (Part 240), Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws and replace it with a new Part 240, Transportation Conformity, and simultaneously revise 6 NYCRR Parts 200, General Provisions, and revisions to the SIP to incorporate the proposed new Part 240 and attendant revisions to Part 200.

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

Date: Tuesday, June 4, 2013
Time: 2:00 p.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129A
Albany, NY 12233

Date: Wednesday, June 5, 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

Date: Thursday, June 6, 2013
Time: 2:00 p.m.
Location: NYS DEC - Region 8 Office
6274 East Avon-Lima Road (Routes 5 and 20), Conference Room
Avon, NY 14414

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 May 15, 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 SO2 "infrastructure" SIP may be obtained from James E. Close, 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 SO2 "infrastructure" SIP may be submitted to James Close until 5:00 P.M., June 13, 2013.

Requests for information related to the repeal and replacement of Part 240 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: 240conform@gw.dec.state.ny.us. Comments on the repeal and replacement of Part 240 may be submitted to Michael Sheehan until 5:00 P.M., June 13, 2013.

Requests for information and comments related to the SIP revisions for Part 240 may be obtained from Robert D. Bielawa, NYSDEC - 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 the NYS DEC at the above address, until 5:00 P.M., June 13, 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


New York State Department of Environmental Conservation (NYS DEC) Announces the 10th Anniversary of the Environmental Excellence Awards

Application Period Open

NYS DEC is now accepting applications for New York State's tenth annual Environmental Excellence Awards. This awards program recognizes and gives visibility to outstanding, innovative and sustainable projects or programs. Eligible applicants include businesses, educational institutions, not-for-profit organizations, facilities, government agencies and individuals implementing innovative, sustainable actions or working in creative partnership to improve and protect New York's environmental resources and contribute to a viable economy. The 2013 Application Brochure and "Tips for Applicants" document are available on NYS DEC's website at: www.dec.ny.gov/public/945.html.

IMPORTANT: Applications must be postmarked by Friday, May 10, 2013.

NYS DEC is especially interested in acknowledging projects that achieve significant environmental benefits through: initiatives to reduce greenhouse gas emissions; cutting-edge pollution prevention technologies; initiatives to "green" businesses, farms, schools, recreational facilities and hospitality facilities; innovative wind, solar and biomass projects; creative natural resource/habitat protection or restoration efforts; energy efficiency improvements; adaptation to climate change; waste reduction and recycling efforts; manufacturing process improvements; and creative approaches to urban forestry or farming, programs advancing "grown locally." Projects located in environmental justice communities are strongly encouraged.

To be eligible, a project must be in New York State; result in measurable environmental and economic benefits beyond what could have been achieved by using standard techniques or complying with regulatory requirements; be initiated within the past three years and be fully operational for at least 12 months. Applicants must be in compliance with New York Environmental Conservation Law, applicable permits and local laws.

Review criteria will include an assessment of: environmental benefits; economic benefits; innovative approach of the project; advancement of sustainability; how creative partnerships were created or strengthened by the project; demonstration of commitment, leadership and environmental excellence, demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements.

Winners will be honored at a 10th anniversary celebration and awards ceremony that will be held in early winter. At the ceremony, winners will have an opportunity to present and display information about their award winning project or program.

For more information about the Environmental Excellence Awards program, contact: NYS DEC - Division of Environmental Permits and Pollution Prevention, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9469, Fax: (518) 402-9168, E-mail: eeawards@gw.dec.state.ny.us.


New York State Thruway Authority and New York State Canal Corporation Announce Public Review Period for Draft Annual Reports for GP-0-10-001.

This notice announces the availability of the Draft Annual Reports prepared by the New York State Thruway Authority (NYS TA) and New York State Canal Corporation (NYS CC) pursuant to the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-0-10-001. The Draft Annual Reports document activities related to the NYSTA's and NYSCC's Stormwater Management Program during the Reporting Period of March 10, 2012 to March 9, 2013. The NYS TA and NYS CC are making these draft documents available for public comment for a period of 30 days, ending May 17, 2013. Interested parties may provide their comments to the NYS TA and NYS CC via e-mail, phone, or mail to be considered in finalizing the documents.

Background: SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-0-10-001, requires that agencies or municipalities identified as Regulated Small MS4s must develop a Stormwater Management Program to address six Minimum Control Measures. This public notice serves to comply with the NYS TA's and NYS CC's "Public Involvement/Participation" Minimum Control Measure.

Information: The Draft Annual Reports are available online during the comment period at: http://www.thruway.ny.gov/about/environmental/ms4/

Hard copies of the NYS TA and NYS CC Draft Annual Reports are also available for review at the following locations:

New York Division Contact: Jack Hohman, 4 Executive Boulevard, Suffern, NY 10901, Phone: (845) 918-2504.

Albany Division Contact: Robert Romeo, 270 Mount Hope Drive, Albany, NY 12209, Phone: (518) 436-3006.

Syracuse Division Contact: Michael Reed, 290 Elwood Davis Road, Suite 250 2nd Floor, Liverpool, NY 13088-2104, Phone: (315) 438-2393.

Buffalo Division Contact: Tom Moore, 455 Cayuga Road, Suite 800, Cheektowaga, NY 14225-1309, Phone: (716) 635-6291.

E-mail comments to:

Thruway: ms4twy@thruway.ny.gov

Canal: ms4arcanals@canals.ny.gov

Mail comments to:

Michael Monahan
New York State Thruway Authority
Environmental Services Group
200 Southern Boulevard
Albany, NY 12209
Phone: (518) 471-5942


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