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ENB - Statewide Notices 9/30/2015

Public Notice

Notices of Adoption for 6 NYCRR Part 613, Petroleum Bulk Storage (PBS) Regulations and Revised 6 NYCRR Parts 596-599, Chemical Bulk Storage (CBS) Regulations - Effective October 11, 2015; and for Revised 6 NYCRR Subpart 374-2, Standards for the Management of Used Oil and Revised 6 NYCRR section 370.1(e)(2), Hazardous Waste Management Regulations - Effective November 10, 2015

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) announces the adoption of 6 NYCRR Part 613 of the Petroleum Bulk Storage (PBS) regulations; 6 NYCRR Subpart 374-2 of the Standards for the Management of Used Oil; 6 NYCRR section 370.1(e)(2) of the Hazardous Waste Management regulations; and 6 NYCRR Parts 596-599 of the Chemical Bulk Storage (CBS) regulations.

Notices of Adoption will be available in the September 30, 2015 issue of the State Register. 6 NYCRR Part 613 and Parts 596-599 are effective October 11, 2015; and 6 NYCRR Subpart 374-2 and section 370.1(e)(2) are effective November 10, 2015.

The amended regulations are the PBS regulations (6 NYCRR Parts 612-614); the CBS regulations (6 NYCRR Parts 595-599); the Used Oil Management regulations (6 NYCRR Subpart 374-2) and the Hazardous Waste Management regulations (6 NYCRR section 370.1(e)(2)). Parts 612-614 have been repealed and replaced with a combined Part 613; Part 595 was repealed; and Parts 596-599 were amended. Subpart 374-2 and section 370.1(e)(2) were also revised to reflect changes in the federal regulations.

These regulations represent Phase I of a planned two-phase rule making process.

Phase II will include: 1) changes that were recently adopted by the United States Environmental Protection Agency to the federal regulations (40 CFR Part 280) for certain underground storage tanks (USTs), and 2) other possible changes to be proposed by NYS DEC. In keeping with the approach for Phase I, NYS DEC will offer an informal "draft for consideration" for public comment in 2016 before formally proposing the Phase II regulations.

Phase I accomplishes three important goals: (1) incorporates previously adopted changes in State and federal statutes, particularly the requirements for tank system operators to receive special training and details regarding NYS DEC's authority to prohibit deliveries of petroleum and hazardous substances to tank systems that are in significant non-compliance with the regulations; (2) consolidates existing State PBS and CBS requirements and most federal UST requirements so that the federal and State regulations are combined; and (3) makes the State PBS regulations more consistent with the federal regulations, particularly regarding key definitions and the structure of the regulations.

These rule makings were proposed on August 6, 2014 and included an extended 90 day comment period that ended on November 4, 2014. A statewide webinar with nearly 500 participants was held on August 26, 2014 to explain the proposed rules and answer questions from the public. In September and October 2014, six public information meetings and six public hearings were held across the State to further explain the proposed rules and receive comments.

The final rule making documents, including the Assessments of Public Comment, are available on NYS DEC's website at:

For more information about this Notice, please contact: Angela Chieco at NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail:

Revised Designation Recommendation for the 2010 Sulfur Dioxide National Ambient Air Quality Standard for the Buffalo-Cheektowaga, NY Combined Statistical Area

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has submitted a revised designation recommendation to the United States Environmental Protection Agency (EPA) for the Buffalo-Cheektowaga, NY Combined Statistical Area (CSA) that includes Cattaraugus, Erie and Niagara Counties. "Revised Designation Recommendation for Sulfur Dioxide: Buffalo-Cheektowaga, NY CSA 2010 Primary National Ambient Air Quality Standard: September 2015" can be found on NYS DEC's website at

United State Environmental Protection Agency (US EPA) informed NYS DEC on March 20, 2015 that two counties (Erie and Niagara) in New York State would be addressed in the next round of designations for the 2010 primary SO2 National Ambient Air Quality Standard (NAAQS). US EPA is allowing states to submit an updated designation recommendation and supporting information for consideration prior to a final designation expected to be made by July 2, 2016.

Based on air quality monitoring for the years 2012-2014 and air quality modeling done in accordance with US EPA guidance, NYS DEC is recommending that the entire Buffalo-Cheektowaga, NY CSA be designated as attainment with the 2010 SO2 NAAQS. While US EPA is only requiring that Erie and Niagara counties be considered in this round of designations, NYS DEC has also analyzed Cattaraugus County, the remaining county within the Buffalo-Cheektowaga CSA, and nearby monitoring indicates air quality that far exceeds what is required for attainment.

Questions about this submittal should be directed to: Laura Stevens or Robert Bielawa, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8396, E-mail:

Notices of Intent and Stormwater Management Program Plans for SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s)


The New York State Department of Environmental Conservation (NYS DEC) is proposing to continue coverage under the State Pollutant Discharge Elimination system (SPDES) General Permit for Stormwater from Municipal Separate Storm Sewer Systems (GP-0-15-003) to entities previously covered under GP-0-10-002 who filed complete annual reports for the 2014 reporting period.

In accordance with Part II of GP-0-15-003, the location of the Stormwater Management Program Plans (SWMPs) and Annual Reports for entities authorized under GP-0-10-002 who wish to continue coverage under GP-0-15-003 will be made available for 28 calendar days from posting in the Environmental Notice Bulletin. A second NOI Availability Report identifying the entity's stormwater program contact information and location of the Annual Reports and SWMPs where the public may review these documents is available on NYS DEC's website at:

Written statements or comments on the Annual Reports and SWMPs will be accepted by fax or mail until close of business on October 28, 2015. Comments should be submitted electronically to or mailed or faxed to the contact listed below.

Contact: Steven McCague, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Fax: (518) 402-9029, E-mail:

State Pollutant Discharge Elimination System (SPDES) Priority Ranking List 2015

The New York State Department of Environmental Conservation (NYS DEC) is providing the Environmental Benefit Permit Strategy (EBPS) priority rankings in conformance with section 17-0817(6) of the Environmental Conservation Law. The lists are based on a ranking system that prioritizes permits for full technical review and, when necessary, modification. The full technical review is conducted in one of nine regional offices or the central office, depending on the location of the discharge and whether the permit has been assigned to the central office based on United Sate Environmental Protection Agency (US EPA) designation as a major discharge or state designation as a centralized significant industrial permit.

The EBPS priority ranking system should not be confused with the SPDES permit renewal process. Most permits are renewed prior to expiration by a separate administrative procedure. At times, these renewals will be delayed to address necessary modifications to the permit.

The 2015 SPDES permit lists can be viewed at the NYS DEC website: The lists are based on ranking scores and reflect the priority list for each office. The ranking scores are updated on a continuous basis due to the discovery of new information and the issuance of modifications that eliminate the factors which go into each score. Each of the ranking lists includes the factors that make up each of the scores for each of the permits on the lists. The top 10% of each list represents a workload objective during this fiscal year. Additional information describing the EBPS process follows the ranking lists, and is also available by contacting the Bureau of Water Permits at (518) 402-8111 or by e-mail at: or at the address listed below.

Any interested party may provide, at any time, substantive comments requesting a change in a permit's rank based on the grounds that newly discovered material information exists; that a material change in environmental conditions has occurred; or that relevant technology or applicable law or regulations have changed since the issuance of the existing permit. All such requests shall be in writing and contain facts or reasons supporting the request.

Comments must be sent to: Director, Bureau of Water Permits, Division of Water, NYS DEC, 625 Broadway, Albany, NY 12233-3505, Phone: (518) 402-8111, E-mail:

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