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ENB - Statewide Notices 1/25/2017

Public Notice

Revised Designation Recommendation for Sulfur Dioxide: Statewide (With the Exception of Erie, Niagara, Seneca, St. Lawrence and Tompkins Counties): 2010 Primary National Ambient Air Quality Standard: January 2017.

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) submitted a revised designation recommendation (recommendation) for the 2010 primary sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS) to the United States Environmental Protection Agency (EPA) on January 4, 2017.

This recommendation pertains to the second round of designations for the 2010 primary SO2 NAAQS to be completed by United State Environmental Protection Agency (US EPA) no later than December 31, 2017 pursuant to a Consent Decree approved by the U.S. District Court for the Northern District of California on March 2, 2015.

NYS DEC is recommending that EPA designate the entire State of New York, with the exception of Erie, Niagara, Seneca, St. Lawrence and Tompkins Counties, as in attainment of the 2010 SO2 NAAQS. Erie and Niagara Counties have already been designated "Unclassifiable/Attainment" and Seneca, St. Lawrence and Tompkins Counties will be designated by December 31, 2020. This recommendation can be found at: http://www.dec.ny.gov/chemical/8403.html.

This recommendation also satisfies New York's June 20, 2016 commitment to characterize air quality around several sources in New York State using the air quality modeling approach pursuant to requirements of US EPA's Data Requirements Rule (80 FR 51052).

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.


Notice of Emergency Adoption: Fourth Re-Adoption - Effective January 12, 2017 (for an additional 60 days)

Amendments to 6 NYCRR Part 597: Hazardous Substances Identification, Release Prohibition, and Release Reporting

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Emergency Adoption with New York State Department of State (NYS DOS) on January 12, 2017 to amend 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting. This is the fourth re-adoption for this emergency rule. The Notice of Emergency Adoption is available in the February 1, 2017 issue of the State Register.

Effective April 25, 2016, this emergency rule: (1) adds perfluorooctanoic acid (PFOA-acid, Chemical Abstracts Service (CAS) No. 335-67-1), ammonium perfluorooctanoate (PFOA-salt, CAS No. 3825-26-1), perfluorooctane sulfonic acid (PFOS-acid, CAS No. 1763-23-1), and perfluorooctane sulfonate (PFOS-salt, CAS No. 2795-39-3) to the list of hazardous substances in 6 NYCRR Section 597.3; (2) provides time for facilities storing firefighting foam to determine if stored foam contains one or more of these newly listed hazardous substances and to properly dispose of it and find replacement foams; and (3) makes a correction to the tables of hazardous substances in Part 597 by providing units for reportable quantities.

While the emergency rule allows the amendments to 6 NYCRR Part 597 to continue to be effective as of January 12, 2017, the emergency adoption is temporary for an additional 60 days. The proposed rule making related to the final rule is underway. The amendments become permanent upon adoption by NYS DEC and filing with NYS DOS. Subsequent Notices of Emergency Adoption will be filed with NYS DOS until the proposed rulemaking is completed.

During the public comment period for the proposed rule making, NYS DEC held public hearings in June 2016 in Albany, Rochester and Garden City, for a total of three public hearings, with an information session prior to each hearing. NYS DEC received 40 comments during the hearings and through written submissions, and NYS DEC prepared an Assessment of Public Comment.

All documents and related information pertaining to this emergency adoption and the proposed rule making are available on NYS DEC's website at: http://www.dec.ny.gov/regulations/104968.html.

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


Notice of Issuance - 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) is renewing SPDES General Permit GP-0-14-001 and SPDES General Permit GP-04-02 for Concentrated Animal Feeding Operations (CAFOs) by issuing two SPDES General 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 at least 30 calendar days prior to July 24, 2017 (the effective date this permit). 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 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) at least 60 calendar days prior to July 24, 2017 (the effective date of this general permit). 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 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 SPDES General Permits, Fact Sheets, and Responsiveness Summary for Comments Received on the draft versions of these general permits, as well as the application for coverage, termed the Notice of Intent, are available on the NYS DEC website at: http://www.dec.ny.gov/permits/6285.html.

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.us.


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