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ENB - Statewide Notices 12/23/2015

Public Notice

Notice of Proposed Rule Making to Amend 6 NYCRR Section 180.3

Pursuant to the Environmental Conservation Law sections 11-030 and 11-0901, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Section 180.3 pertaining to the use of Big Bore Air Rifles for Hunting Big Game. This notice will be published in issue 51 of the State Register, dated December 23, 2015.

For further information, please contact:

Joe Racette
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, New York 12233-4754
Phone: (518) 402-8933
E-mail: wildliferegs@dec.ny.gov


Notice of Availability for Comment - Renewal of State Pollutant Discharge Elimination System (SPDES) Concentrated Animal Feeding Operations (CAFO) General Permits

The New York State Department of Environmental Conservation (NYS DEC) proposes to renew SPDES General Permit GP-0-14-001 and SPDES General Permit GP-04-02 for Concentrated Animal Feeding Operations (CAFOs) by making available for comment and issuing two draft General SPDES Permits for Concentrated Animal Feeding Operations (CAFOs): ECL SPDES General Permit for CAFOs GP-0-16-001; and CWA SPDES General Permit for CAFOs GP-0-16-002.

Environmental Conservation Law (ECL) SPDES General Permit GP-0-16-001

Construction of a point source that is designed, constructed, operated and maintained to not discharge manure or process wastewater is deemed eligible for coverage under ECL SPDES general permit GP-0-16-001 and must obtain coverage prior to operation of the CAFO facility.

Owners or operators of existing CAFOs eligible to be covered by GP-0-16-001 shall submit a Notice of Intent and Comprehensive Nutrient Management Plan (CNMP) Certification to NYS DEC within 150 calendar days from the date this permit becomes effective. Notifications for new or expanded facilities must be made at least 30 calendar days prior to commencing operation of the new facility or facility expansion. Refer to the Draft General Permit and Fact Sheet for application requirements for existing, new or expanded facilities.

Clean Water Act (CWA) SPDES General Permit GP-0-16-002

Construction of a point source that is designed, constructed, operated and maintained to discharge manure or process wastewater must seek coverage under CWA SPDES general permit GP-0-16-002 and must obtain coverage prior to operation of the CAFO facility.

Owners or operators of CAFOs eligible to be covered by GP-0-16-002 shall submit a Notice of Intent and Annual Nutrient Management Plan (ANMP) within 120 calendar days from the date this permit becomes effective. Notifications for a new or expanded facility must be made at least 30 days prior to commencing operation of the new facility or the facility expansion. Refer to the Draft General Permit for application requirements for existing, new or expanded facilities.

NYS DEC retains the authority and discretion to determine that a CAFO may not be eligible for coverage under either of these general permits and, as such, may require the CAFO to submit an application for coverage under an individual SPDES permit.

SEQR Determination: Pursuant to the State Environmental Quality Review Act, General Permit GP-0-16-001 renews GP-0-14-001 and GP-0-16-002 renews GP-04-02 and are Type II actions.

Availability of Application Documents: NYS DEC's draft SPDES General Permits and Fact Sheets are available for inspection during normal business hours at the address of the Contact Person identified below. It is recommended that an appointment be made with the contact person beforehand. The draft SPDES General Permits and Fact Sheets are also available on the NYS DEC website at: http://www.dec.ny.gov/permits/6285.html.

Opportunity for Public Comment: Comments on the draft SPDES general permits must be submitted in writing to the contact person no later than February 7, 2016.

Contact: Douglas Ashline, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8247, E-mail: douglas.ashline@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.


Notice of Proposed Rulemaking

6 NYCRR Part 222, Distributed Generation
6 NYCRR Part 200, General Provisions and Subpart 227-2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx)

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 (NYS DEC) hereby gives notice of the following:

Distributed generation (DG) sources are engines used by a site to supply electricity outside that which is supplied by the electrical grid. This on-site generation of electricity by DG sources is used by a wide-range of facilities either in non-emergency situations that reduce demand on the electric grid and preserve the overall reliability of the grid, or in emergency situations when the usual supply of power from central station power plants becomes unavailable. Currently, the exact number of DG sources in New York is unknown, but the Northeast States for Coordinated Air Use Management (NESCAUM) estimated that there may be over 15,000 diesel generators in the state, which provide electricity in times of high demand or during emergency events.

Therefore, NYS DEC is proposing to adopt 6 NYCRR Part 222, 'Distributed Generation Sources' and make conforming revisions to Part 200, 'General Provisions' and Subpart 227-2, 'Reasonably Available Control Technology RACT) for Oxides of Nitrogen (NOx)' to establish emission standards, monitoring requirements and record keeping requirements for certain DG sources in New York State. The proposed rule will apply to owners and operators of DG sources where the potential NOx emissions are below the major source threshold set forth in paragraph 201-2.1(b)(21) of Part 201 and that have maximum mechanical output ratings of 200 horsepower (hp) or greater in the New York City metropolitan area or 400 hp or greater elsewhere in the state, in other words, DG sources not currently regulated under Subpart 227-2 or subject to a federal New Source Performance Standard (NSPS), as long as the federal standards are less than or equal to the Part 222 emission limits.

In addition, emergency generators owned and operated by municipalities or municipal agencies may be used when the usual supply of power is available if doing so would prevent a violation of the Clean Water Act or Article 17 of the New York State Environmental Conservation Law through April 30, 2021.

Written comments on the proposed rule may be submitted until 5:00 p.m. February 18, 2016. For further information, contact: John Barnes, NYS DEC - Division of Air Resources, 625 Broadway Albany, NY 12233-3250, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov.

Hearings for the proposed rule and attendant revisions to existing rules described above will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: February 8, 2016
Time: 10:00 a.m.
Location: NYS DEC - Region 1 Office
One Hunter's Point Plaza
47-40 21st Street, Room 441,
Long Island City, NY 11101

Date: February 9, 2016
Time: 1:00 p.m.
Location: NYS DEC - Region 8 Office
6274 East Avon-Lima Road
Avon, NY 14414

Date: February 11, 2016
Time: 9:00 a.m.
Location: NYS DEC, 625 Broadway, Public Assembly Room 129A/B, Albany, NY 12233

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by February 1, 2016 to: Jen Masa, NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8401, E-mail: air.regs@dec.ny.gov.

Contact: John Barnes, NYS DEC - Division of Air Resources, 625 Broadway Albany, NY 12233-3250, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov.


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