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ENB - Statewide Notices 7/8/2015

Public Notice

Notice of Proposed Rulemaking

Proposed Adoption of Revisions to Part 200, General Provisions; and 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, 71-2105 and Section 177 of the federal Clean Air Act (42 USC 7507), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is proposing to amend 6 NYCRR Section 200.9 and 6 NYCRR Part 218 to incorporate California's latest greenhouse gas (GHG) and zero emission vehicle (ZEV) standards, which were adopted by California on December 31, 2012, into New York's existing low emission vehicle (LEV) program. The proposed amendments will allow compliance with federal GHG emission standards for the 2017 through 2025 model years as an alternative compliance option to the existing CARB GHG emission standards adopted in 2012. The proposed ZEV amendments include revisions to the Section 177 state optional compliance path adopted in 2012, clarification of the ZEV credit cap that may be used to meet the minimum ZEV requirement in a given model year, modification of the fast refueling definition to exclude battery exchange, and annual publication of vehicle manufacturer ZEV credit balance information.

The proposed GHG regulatory amendment will take effect for 2017 through 2025 model year passenger cars, light-duty trucks, and medium-duty passenger vehicles. The proposed ZEV amendments will have various effective dates including immediate, 2015 model year, and 2018 model year and will apply to passenger cars, light-duty trucks, and medium-duty vehicles. The proposed annual publication of manufacturer ZEV credit balances will commence with 2014 model year data.

NYS DEC is also proposing to revise 6 NYCRR Part 200, General Provisions to incorporate by reference new and updated federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs). Doing so provides the Department with the legal authority to implement these regulations, thus effectuating the terms and provisions of the CAA and its associated regulations allowing the Department to implement and enforce the rules on behalf of the United States Environmental Protection Agency (US EPA).

This rulemaking amends Part 200 to incorporate by reference the most recent editions of 40 CFR 60 (2013), Subpart A, Subparts D - FFFF, Subparts KKKK - end; and 40 CFR 63 (2012 and 2013), Subpart A, Subpart B, Subparts F - I, Subparts L - YYYY, Subparts AAAAA - IIIII, Subparts LLLLL - HHHHHH, and Subparts LLLLLL - end. This rulemaking also removes all references to the now outdated 40 CFR 63 Subpart ZZZZ (2009) (reciprocating engines). NYS DEC will not be incorporating 40 CFR 63 Subpart ZZZZ (2013) at this time for reasons discussed in the supporting documentation for this rulemaking. These changes will achieve parity between existing federal requirements and the State's regulatory program. As a result, this incorporation by reference will facilitate a more efficient administration of state and federal environmental regulations, which will ease compliance and eliminate regulatory redundancy for the regulated community.

For further information regarding Part 218, contact:

Jeff Marshall
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292

For further information regarding Part 200, contact:

Steve Yarrington
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8403

State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

Permit No. GP-0-15-003

The New York State Department of Environmental Conservation (NYS DEC) is issuing an advanced notice of proposed permit for modifications to the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer System (GP-0-15-003). The advanced notice includes a statement for background, as well as the three separate but related proposed modifications to GP-0-15-003.

Copies of the advanced notice are available on NYS DEC's website at: or by contacting Barbara Horton, at: (518) 402-8111 or

The Stormwater Discharges from Municipal Separate Storm Sewer Systems Public Review Documents are available at:

Written comments or concerns on the purposed general permit must be submitted by close of business on July 24, 2015 to:; or, the contact listed below.

Contact: David Follansbee, NYS DEC - Division of Water 625 Broadway, 4th Floor, Albany, NY 12233-3505.

Data Solicitation for 2016 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2016. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2016 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

Every two years, corresponding to the development of the State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the pending List, but will be incorporated into subsequent water quality assessments. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and use of this data and information may also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to be included for consideration in the compiling of the 2016 CWA Section 303(d) List, data and information must be received by September 30, 2015. It is not the intent of this cut off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to the United States Environmental Protection Agency (US EPA) by April 1, 2016.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet (PDF) (214.64 KB) which may also be found at: This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non support of a waterbody absent specific (numeric) monitoring data. Worksheet information can also be obtained by contacting Sarah Rickard at the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at (518) 402-8179. Completed WI/PWL worksheets, supporting water quality monitoring data, a copy of the corresponding Quality Assurance/Quality Control (QA/QC), QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via e-mail to:

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2016 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing Methodology can be found on the NYS DEC website at:

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail:

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