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ENB - Statewide Notices 3/20/2019

Public Notice

Notice of Proposed Rule Making

6 NYCRR Part 208, Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105; and Clean Air Act (CAA) Section 182; the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC proposes to revise 6 NYCRR Subpart 208, and attendant revisions to Part 200, to incorporate the new federal Emission Guideline (EG) for MSW Landfills codified under 40 CFR Part 60, Subpart Cf. The new federal EG is designed to reduce emissions of landfill gas containing non-methane organic compounds and methane by lowering the emission threshold at which a landfill must install and operate a landfill gas collection and control system. Once this proposal is adopted, NYS DEC is required to revise its State Plan to reflect the new EG and submit the State Plan to the United States Environmental Protection Agency (US EPA) for review and approval.

Written comments on the proposed rule may be submitted until 5:00 p.m. on May 29, 2019. For further information, contact: Dan Brinsko, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone (518) 402-8403, E-mail: air.regs@dec.ny.gov

Requests for information and comments related to the "Section 111(d) State Plan for MSW Landfills" revision may be obtained from Robert D. Bielawa, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov. Written statements may be submitted until 5:00 p.m. May 29, 2019.

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: 5/22/2019
Time: 1:00 p.m.
Location: NYS DEC - Region 8 Office
6274 Avon-Lima Road (Rtes. 5 and 20), Conference Room
Avon, NY 14414-9516

Date: 5/24/2019
Time: 1:00 p.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 May 15, 2019, to: Richard McAuley, NYS DEC, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8438, E-mail: air.regs@dec.ny.gov.

Contact: Dan Brinsko, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone (518) 402-8403, E-mail: air.regs@dec.ny.gov


Notice of Proposed Rulemaking

6 NYCRR Part 226, Solvent Metal Cleaning Processes

Pursuant to Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 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:

NYS DEC is proposing to amend existing Part 226, entitled: "Solvent Metal Cleaning Processes," of Title 6 of the Official Compilation of Codes, Rules and Regulation of the State of New York (6 NYCRR) and attendant revisions to Part 201.
Under the proposed changes, the current Part 226 will be re-designated Subpart 226-1 and renamed "Solvent Cleaning Processes". Additionally, the proposed amendments will add a new Subpart 226-2, entitled "Industrial Cleaning Solvents".
Owners or operators of solvent cleaning processes subject to the current Part 226 will be subject to the proposed subpart 226-1. Currently, Part 226 only applies to the cleaning of "metal". This proposal removes this distinction, opening the applicability to any material cleaned by solvent cleaning processes. If your solvent cleaning process was not subject to Part 226 because you were cleaning something other than metal, you will now be subject to Subpart 226-1.

Consistent with the Ozone Transport Commission's (OTC) 2012 updated model rule, a new/replacement VOC requirement is being proposed for Part 226 cold cleaners, including remote reservoir cleaners. Proposed Subpart 226-1 will change the current requirement of using a solvent with a maximum vapor pressure of 1.0 mm Hg, or less, at 20°C- to using a cleaner with no more than 25 grams of VOC per liter (25g/l) of cleaning solution. No changes are being proposed for the other Part 226 solvent cleaning processes (open top vapor or conveyorized).

The proposed Subpart 226-2 'Industrial Cleaning Solvents' will be a new regulation consistent with the United States Environmental Protection Agency's (US EPA's) Industrial Cleaning Solvents Control Technique Guidelines (CTG) (2006). Any owner or operator of a facility that emits to the atmosphere three (3) tons or more of volatile organic compounds (VOCs) from industrial cleaning solvents, on an annual basis, may be subject. Specifically, the provisions apply to the cleaning of foreign materials from surfaces of unit operations, including large and small manufactured components, parts, equipment, floors, tanks, and vessels. Such cleaning may be done by wiping, brushing, mopping, flushing or spraying, either by hand or mechanical means. The use of cleaning solvents that are already subject to (or exempt from) other regulatory provisions are not subject to any new requirements under proposed 226-2. The proposed Subpart 226-2 will have work practice, recordkeeping and storage requirements for their cleaners that contain VOCs. Cleaning solutions will also have a maximum VOC content limit of fifty (50) grams of VOC per liter (0.42 pounds of VOC per gallon) of cleaning material or, as an alternative to this maximum VOC content, an industrial cleaning solvent with a maximum composite vapor pressure of eight (8) millimeters of mercury (mmHg) at 20 degrees Celsius may also be used. Further, the Department proposes to submit the Part 226 as well as the revisions to Part 201 to the United States Environmental Protection Agency as a revision to the State Implementation Plan (SIP) for New York State.

Written comments on the proposed rule may be submitted until 5:00 p.m. on May 29, 2019. For further information, contact: John Henkes, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone (518) 402-8403, E-mail: air.regs@dec.ny.gov

Requests for information and comments related to the SIP revision to incorporate Part 226, Solvent Cleaning Processes and Industrial Cleaning Solvents, may be obtained from: Robert D. Bielawa, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov. Written statements may be submitted until 5:00 p.m. May 29, 2019.

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: 5/22/2019
Time: 1:00 p.m.
Location: NYS DEC - Region 8 Office
6274 Avon-Lima Road (Rtes. 5 and 20), Conference Room
Avon, NY 14414-9516

Date: 5/24/2019
Time: 1:00 p.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 May 15, 2019, to: Richard McAuley, NYS DEC, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8438, E-mail: air.regs@dec.ny.gov.

Contact: John Henkes, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone (518) 402-8403, E-mail: air.regs@dec.ny.gov


New York State Department of Environmental Conservation (NYS DEC) Announces 16th Annual Environmental Excellence Awards - Applications accepted through April 17, 2019

NYS DEC is now accepting applications for the 2019 NYS Environmental Excellence Awards program (Press Release) https://www.dec.ny.gov/press/116310.html. The awards program recognizes businesses, institutions, governments, and organizations for their outstanding commitment to environmental sustainability, social responsibility, and economic viability.

The 2019 Application Brochure and "Tips for Applicants" document are available on NYS DEC's website http://www.dec.ny.gov/public/945.html.

The awards are given annually in recognition of outstanding, innovative and sustainable projects or programs and unique partnerships. Since the program began in 2004, 92 committed organizations have been honored with this outstanding award. Award winners are leading by example and serving as models of excellence within their industry and community. Benefits of receiving an award include statewide recognition and visibility for environmental leadership, and increased marketing, promotional and networking opportunities.

Eligible applicants include:

  • Businesses (small, medium and large businesses, manufacturing, retail, agri-business, renewable energy, hospitality, sports, etc.)
  • Not-for-profit organizations;
  • Education, health care and recreational facilities; and
  • Local, state, federal and Indian Nation government agencies.

To be eligible, a project must be in New York State; result in measurable environmental and economic benefits beyond what could have been achieved by using standard techniques or complying with regulatory requirements; be initiated within the past three years and be fully operational for at least 12 months. Applicants must be in compliance with New York Environmental Conservation Law and all applicable permits and local laws.

Review criteria will include an assessment of: environmental benefits; economic benefits; innovative approaches; advancement of sustainability; employment or continuation of creative partnerships; demonstration of commitment, leadership and environmental excellence; demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements.

Competitive applications will focus on innovative and cutting-edge projects or programs that are achieving significant environmental benefits through:

  • greenhouse gas emissions reductions;
  • manufacturing process improvements;
  • climate change adaptations;
  • food waste reduction efforts;
  • recycling and composting programs;
  • "green tech" solutions;
  • initiatives to "green" businesses, farms, schools, recreational, sports, health care and hospitality facilities;
  • clean energy projects and energy efficiency improvements;
  • green infrastructure projects;
  • natural resource/habitat protection or restoration efforts;
  • urban forestry or farming practices;
  • programs advancing locally grown and "farm to table; and
  • education and training programs.

Completed applications must be submitted no later than Wednesday, April 17, 2019. Award winners will be honored at an awards ceremony in November, 2019. At that time, winners will have an opportunity to present and display information about their award-winning project or program.

For more information about the award program and the 2019 application materials, contact: Marna Posluszny, NYS DEC - Pollution Prevention Unit, 625 Broadway, Albany, NY 12233-7253, Phone: (518) 402-9469, E-mail: awards@dec.ny.gov.


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