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ENB - Statewide Notices 11/25/2015

Public Notice

Notice of Adoption

6 NYCRR Part 200, General Provisions
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:

Notice of Adoption of Rules on October 16, 2015, filed with the New York State Department of State on November 9, 2015, to be effective December 9, 2015, to amend existing 6 New York Codes, Rules and Regulations (NYCRR) Part 200, General Provisions; and 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines.

This regulation will 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 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 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.

For further information, contact:

Jeff Marshall
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292
E-mail: air.regs@dec.ny.gov


Notice of Adoption

6 NYCRR Part 243, Transport Rule NOx Ozone Season Trading Program 6 NYCRR Part 244, Transport Rule NOx Annual Trading Program 6 NYCRR Part 245, Transport Rule SO2 Group 1 Trading Program
6 NYCRR Part 200, General Provisions

Pursuant to Sections 1-0101, 3-0301, 19-0105, 19-0303, 19-0311, 71-2103 and 71-2105 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (Department) hereby gives notice of the following:

Notice of Adoption of Rules on November 10, 2015, to be effective December 12, 2015, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions.

In addition, NYS DEC repeals Part 243, CAIR NOx Ozone Season Trading Program, Part 244, CAIR NOx Annual Trading Program, and Part 245, CAIR SO2 Trading Program (collectively, the New York State Clean Air Interstate Rules or NYS CAIR) and replaces the repealed rules with three new rules, Part 243, Transport Rule NOx Ozone Season Trading Program, Part 244, Transport Rule NOx Annual Trading Program, and 6 NYCRR Part 245, Transport Rule SO2 Trading Program. These new rules incorporate EPA's federal Cross-State Air Pollution Rule (CSAPR) and allow the Department to allocate CSAPR allowances to regulated entities in New York.

CSAPR regulates multistate cap-and-trade programs that regulate emissions from large fossil fuel-fired electricity generating units that have a nameplate capacity greater than 25 megawatts electrical (MWe) and produce electricity for sale. To administer the New York State components of the regional cap-and-trade program, the Department needed to incorporate CSAPR allocation provisions into regulation.

For further information, contact:

Mike Miliani
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3250
Phone: (518) 402-8401
E-mail: air.regs@dec.ny.gov


Revision to the New York State Implementation Plan:
6 NYCRR Part 243, Transport Rule NOx Ozone Season Trading Program,
6 NYCRR Part 244, Transport Rule NOx Annual Trading Program,
6 NYCRR Part 245, Transport Rule SO2 Group 1 Trading Program, and
Attendant Revisions to 6 NYCRR Part 200, General Provisions"

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

On September 16, 2015, NYS DEC proposed to repeal 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program, 6 NYCRR Part 244, CAIR NOx Annual Trading Program, and 6 NYCRR Part 245, CAIR SO2 Trading Program and replace them with three new rules, 6 NYCRR Part 243, Transport Rule NOx Ozone Season Trading Program, 6 NYCRR Part 244, Transport Rule NOx Annual Trading Program, and 6 NYCRR Part 245, Transport Rule SO2 Group 1 Trading Program. The proposed rules incorporate EPA's federal Cross-State Air Pollution Rule (CSAPR) and allow NYS DEC to allocate CSAPR allowances to regulated entities in New York. There are also attendant revisions to 6 NYCRR Part 200, General Provisions, as a result of the repeal and replacement. A public hearing on the proposal was held on October 19, 2015 and public comments on the proposal were accepted until October 26, 2015. The proposal is expected to be finalized by the end of the year and then submitted to US EPA as a SIP revision.

NYS DEC is providing a 30 day period to comment on the proposed SIP revision and does not plan to hold a public hearing unless requested. Written comments and hearing requests should be submitted by 5:00 p.m. on December 28, 2015 to: Robert D. Bielawa, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, or by email to: dar.sips@dec.ny.gov. Robert Bielawa can be reached at (518) 402-8396 with any questions regarding this proposed SIP revision.

Contact: Robert D. Bielawa, 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.


Proposed Rulemaking: New 6 NYCRR Part 490, Projected Sea-level Rise

New York State Department of Environmental Conservation (NYS DEC) proposes to create a new 6 NYCRR Part 490, Projected Sea-level Rise, to adopt science-based projections of sea-level rise, in accordance with Environmental Conservation Law §3-0319.

Public Comments on Proposed Rule

The Notice of Proposed Rule Making was published in the November 10, 2015 edition of the State Register. Written public comments on this regulation will be accepted until 5:00 p.m. on December 28, 2015. Comments must be submitted by e-mail to: climatechange@dec.ny.gov or by postal mail to the following address:

New York State Department of Environmental Conservation
Office of Climate Change
Attention: Sea Level Rise
625 Broadway, 9th Floor
Albany, NY, 12233-1030

Proposed express terms and regulatory impact statement are available at: http://www.dec.ny.gov/regulations/103870.html.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448, E-mail: climatechange@dec.ny.gov.


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