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ENB - Statewide Notices 2/4/2015

Public Notice

Revised Notice of Public Hearing

Water Quality Standards for Class I and Class SD Waters in New York City and Suffolk County: Amendment of Parts 701 and 703 of Title 6 NYCRR Notices of proposed rulemaking and public hearing were published in the December 3, 2014 issues of the State Register and the ENB available at:

The public hearing for this proposed rulemaking was scheduled to be held on January 27, 2015 in New York City, but the hearing was postponed due to a blizzard warning.

The hearing has been rescheduled for:

Date: March 9, 2015
Time: 12:00 p.m.
Location: US Environmental Protection Agency
290 Broadway, Room 27A
New York, NY 10007.

The public comment period for this proposed rulemaking has been extended until Monday, March 16, 2015. Comments must be submitted to the New York State Department of Environmental Conservation (NYS DEC) by 5:00 p.m. on March 16.

Contact: Robert Simson, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233-3502, Phone: (518) 402-8233, E-mail:

Notice of Adoption for New Final 6 NYCRR Part 570, Liquefied Natural Gas - Effective February 26, 2015

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) announces the adoption of 6 NYCRR Part 570, which implements a permitting program for the siting, construction, and operation of Liquefied Natural Gas (LNG) facilities in New York State (the State) as required by Article 23, Title 17 of the Environmental Conservation Law. LNG facilities are those that either store LNG in a tank system or convert LNG into natural gas for use as a fuel.

The Notice of Adoption will be available in the February 11, 2015 issue of the State Register. 6 NYCRR Part 570 is effective February 26, 2015.

Part 570: (1) provides requirements for site inspections, training of local fire department personnel, closing of out-of-service LNG storage tanks, prompt spill reporting, and permit application fees; (2) addresses the statutory requirement that intrastate transportation occur only along approved routes; and (3) does not change the existing statutory moratorium which prohibits new LNG facilities within New York City.

Projections indicate that for the first five years nearly all of the expected permit applications will be for facilities designed to supply fuel for long-haul tractor trailers and large capacity fleet trucks that use LNG as a substitute for diesel fuel. LNG offers a lower cost, cleaner fuel for truckers and an emissions benefit for the environment.

The LNG program will include:

  • evaluation of each permit application on its own merits taking into consideration the proposed location of the facility and tanks and additional siting criteria in the regulation;
  • compliance with the siting requirements in National Fire Protection Association (NFPA) standards, which address setbacks, evacuation issues, and tank capacities;
  • reviews of the capabilities and preparedness of local fire departments; and
  • adoption of permit conditions, such as enhancing local response capabilities and greater setbacks, or denial of applications as necessary to ensure safe operation.

The regulations set standards for facilities that store LNG or convert LNG back into a gas for use as fuel. Facility designs must be certified by an independent third party to be in conformance with the standards of the NFPA. These standards have been in wide use nationally and internationally for decades.

On September 11, 2013, NYS DEC proposed the addition of Part 570 to 6 NYCRR and solicited public comment. In response to public requests, the comment period was extended by 30 days and comments were accepted until December 4, 2013. In October 2013, NYS DEC held three public information meetings to provide interested citizens with information about the proposed regulation and to answer questions. A public hearing was also held on October 30, 2013 in Albany to formally receive comments on the proposed regulation. Over 57,000 submissions were received during the public comment period. NYS DEC evaluated all comments received and prepared an Assessment of Public Comment.

In response to comments received, NYS DEC made a substantial revision to 6 NYCRR Part 570 and a Notice of Revised Rulemaking was published in the State Register on November 12, 2014. NYS DEC established an additional public comment period which ended December 12, 2014 and appropriately 60 comments were received. The substantial revision limits the total amount of LNG that can be stored at a permitted LNG facility to 70,000 gallons to address concerns about the safety of large facilities. This is a conservative approach that recognizes the different requirements for large tanks/facilities included in the NFPA standards on this subject. As NYS DEC gains experience with permitting LNG facilities, NYS DEC may reconsider the capacity limit in subsequent revisions to Part 570. NYS DEC also made several minor changes to Part 570 that reflect public comments and prepared an Assessment of Public Comment for the revised proposed rulemaking.

LNG consists primarily of methane, the same substance in natural gas used to heat homes. LNG should not be confused with Liquefied Petroleum Gas (LPG), which is primarily propane.

The final rulemaking documents, including the Assessment of Public Comment for both the proposed and revised proposed rulemakings, are available on NYS DEC's website at: Additional information regarding the LNG Facility Program, including how to apply for a Part 570 permit, can be found at: Please refer to the website for details.

Contact: Russ Brauksieck, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, Phone: (518) 402-9553, E-mail:

Notice of Availability of a Preliminary Draft for Public Consideration Regarding the Hazardous Waste Management Regulations (6 NYCRR Part 370 Series)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is providing a Preliminary Draft for Public Consideration of revised Hazardous Waste Management regulations (6 NYCRR Part 370 Series) for comment by stakeholders. This rulemaking will incorporate, as appropriate, (1) federal rules from January 2002 to April 2012; (2) changes related to Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Maximum Achievable Control Technology rules, also referred to as MACT standards) from September 1999 to April 2008; and (3) State-initiated changes, including clarification of language and corrections of errors found in the regulations. The June 26, 2014 Cathode Ray Tube Export rule is also included in this rulemaking. Amendments to Parts 370-373, 376 and subparts 374-1 and 374-3 are included in this rulemaking, which is referred to as FedReg5.

NYS DEC is also seeking comments on a rulemaking initiative to consider adopting the United States Environmental Protection Agency regulations adopted in 2013 and 2014. This includes: (1) Solvent-Contaminated Wipes Rule; (2) Carbon Dioxide Sequestration Rule; (3) Electronic Manifest Rule; (4) 2008 Definition of Solid Waste Rule, as amended in December 2014; and (5) possible changes to the State's Used Oil Management regulations (6 NYCRR Subpart 374-2). This rulemaking is referred to as FedReg6.

Through education and outreach, NYS DEC's hazardous waste management program, which integrates both State statutory requirements and Federal Resource Conservation and Recovery Act Subpart C requirements, ensures the safe and responsible management of hazardous wastes in the State. The comprehensive regulatory regime advances control and treatment of hazardous wastes that are a necessary by-product of commerce and industry. Issuing the Draft for Public Consideration provides opportunities for public participation in the rulemaking process by informing stakeholders about the amendments, identifies any major issues to be addressed, and allows DEC to obtain informal public comments before the draft regulations are formally proposed and published in the Department of State's State Register.

To help the public understand the draft regulations and regulatory initiatives, ask questions, and provide informal comments, NYS DEC will be hosting a live webinar on February 25, 2015 from 10:00 a.m. - 12:00 p.m. and a public information meeting on March 10, 2015 from 1:00 p.m. - 3:00 p.m. in Albany. Staff will also be available for discussion after the meeting. Details regarding how to participate in the webinar or attend the public meeting are available on the NYSDEC's website at:

A longer, formal, public comment period will be provided later in 2015 once the regulations are officially proposed. Additional public meetings and formal hearings will also be announced and held.

Written comments regarding the Preliminary Draft for Public Consideration will be accepted by NYS DEC through Monday, April 6, 2015. Comments should be submitted to: Michelle Ching, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020 or e-mailed to Please include "Comments on Regulatory Initiatives" in the subject line of the email.

All documents and related information are available on the NYS DEC's website at: If you do not have internet access, please write to the address above or call (518) 402-9553.

Contact: Michelle Ching, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, Phone: (518) 402-9553, E-mail:

Shandaken SPDES Semi-Annual Meeting

The New York City Department of Environmental Protection (DEP) is pleased to announce that the next semi-annual public meeting, held per the Shandaken SPDES permit, will be on Wednesday, February 18th at 2:00 p.m. at the Shandaken Town Hall, 7209 Route 28, Shandaken, NY. DEP will discuss the progress of activities conducted pursuant to the SPDES permit. In case of inclement weather, the snow date is February 20th at 2:00 p.m. The meeting is open to the public and public input is welcome.

Location: Shandaken Town Hall, 7209 Route 28, Shandaken, NY

Contact Person:

Kimberlee Kane
465 Columbus Ave
Valhalla, NY 10595
(914) 773-4473

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