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ENB - Statewide Notices 5/20/2015

Public Notice

Notice of Cultivars Exempt from 6 NYCRR Part 575 Regulations

A regulation, 6 NYCRR Part 575 Prohibited and Regulated Invasive Species, was adopted in July 2014 that prohibits or regulates the possession, transport, importation, sale, purchase and introduction of certain invasive species. The purpose of this regulation is to help control invasive species by reducing their introduction and spread.

This regulation became effective March 10, 2015. Section 575.8 of the regulation provides an exemption for cultivars of prohibited or regulated species for which the New York State Department of Environmental Conservation (NYS DEC) determines that: 1) the primary means of reproduction of the cultivar's parent species is sexual, not vegetative, and 2) that the cultivar and its offspring do not revert to express the invasive characteristics of the parent.

NYS DEC has assessed several cultivars of prohibited and regulated species, using a standard scientifically rigorous assessment protocol, and has determined that the cultivars listed below meet the exemption qualifications of 575.8 (a)(4). Individual cultivar assessments are available upon request. Therefore, a person may legally possess, sell, import, purchase, transport, or introduce the following plant cultivars and no labeling requirements apply:

Prohibited Species
Common Name Scientific Name Cultivar Name Trademark Name Accession Number Patent Status
Japanese Barberry Berberis thunbergii 'Aurea' Conditionally Exempt
Regulated Species
Common Name Scientific Name Cultivar Name Trademark Name Accession Number Patent Status
Chinese Silvergrass Miscanthus sinensis 'NCMS1' My Fair Maiden H2008-091-004 PPAF Conditionally Exempt*
Winter Creeper Euonymus fortunei 'Kewensis' Conditionally Exempt*
Winter Creeper Euonymus fortunei 'Vanilla Frosting' Conditionally Exempt*

* Conditionally Exempt - Cultivars exempt from Part 575 Prohibited and Regulated requirements, subject to periodic re-evaluation.

Questions should be directed to the contact person listed below.

Contact: Dave Adams, NYS DEC -Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250, Phone: (518) 402-9405, E-mail: isinfo@dec.ny.gov.


The New York State Department of Environmental Conservation (NYS DEC) - Division of Air Resources operates an ambient air monitoring network for various air contaminants within New York State. As required by federal regulations, NYS DEC prepares an annual monitoring network plan, which describes in detail the specifics of the monitoring network. This plan includes an annual review of the existing monitoring network to determine the adequacy of the network and to propose any network modifications. The proposed annual monitoring network plan must be available for public review for a 30 day period prior to submittal to the United State Environmental Protection Agency (US EPA). This notice is intended to afford interested parties the opportunity to comment on the proposed plan.

NYS DEC has reviewed the current ambient air monitoring network and is proposing to close the Camp Georgetown monitoring station in Madison County, and the Scotchtown lead background monitoring site in Orange County. In addition, NYS DEC is proposing to add a permanent monitoring station in South Albany.

The complete network plan document can be accessed from our website for viewing and download at: http://www.dec.ny.gov/chemical/33276.html.

Written comments on this plan should be forwarded to NYS DEC by June 19, 2015 and addressed to: Brian Lay, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway, 11th Floor, Albany, NY 12233-3256.

Contact: Brian Lay, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway, 11th Floor, Albany, NY 12233-3256.


Incorporation of Revision to 6 NYCRR Part 200, General Provisions, into the New York State Implementation Plan (SIP)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) plans to submit to the United States Environmental Protection Agency (US EPA) a revision to the State Implementation Plan (SIP).

On May 8, 2013, 6 NYCRR Part 203, "Indirect Sources of Air Contamination," was repealed. In association with this repeal, NYS DEC revised 6 NYCRR Part 200, "General Provisions." Specifically, the subdivision 200.1(f) definition for 'air contamination source or emission source' was revised to remove a reference to Part 203. NYS DEC plans to submit the revised Part 200 to EPA to be incorporated into the SIP.

NYS DEC is providing a 30 day period to comment on the proposed submission or request a hearing. Written comments should be submitted by 5:00 p.m. on June 19, 2015 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. Scott Griffin can be reached at (518) 402-8396 with any questions regarding this proposed SIP revision.

Contact: Scott Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: dar.sips@dec.ny.gov.


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