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ENB - Statewide Notices 10/23/2019

Public Notice

Notice of Adoption
6 NYCRR Part 226, Solvent Cleaning Processes and Industrial Cleaning Solvents
6 NYCRR Part 201, Permits and Registrations

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 amending 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 adoption, 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 new subpart 226-1. Currently, Part 226 only applies to the cleaning of "metal". This amendment 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 added to Part 226 cold cleaners, including remote reservoir cleaners. New 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 made to the other Part 226 solvent cleaning processes (open top vapor or conveyorized).

Subpart 226-2 'Industrial Cleaning Solvents' will be a new regulation consistent with the Environmental Protection Agency's (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. New 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, NYS DEC 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.

Documents pertaining to this rulemaking can be found on NYS DEC's website at http://www.dec.ny.gov/regulations/propregulations.html#public.

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


Notice of Proposed Rule Making - Amendments to 6 NYCRR 701.13 & 701.14 - Clarification of Class I & Class SD Best Usages;

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Proposed Rule Making with the New York State Department of State on October 7, 2019 to amend 6 NYCRR 701.13 & 701.14, Clarification of Class I & Class SD Best Usages. The proposed rule making amends 6 NYCRR 701.13 and 701.14 to clarify the intent of the 2015 I/SD Rule Making that the best usages of Class I and Class SD marine surface waters were, and remain, "secondary contact recreation and fishing" and "fishing," respectively.

Public Hearing Time and Location

NYS DEC will hold a public hearing at the following date, time, and location:

Date: January 8, 2020
Time: 2:00 p.m.
Address: NYS DEC - Region 2 Office
47-40 21st Street 8th Floor Conference Room 834
Long Island City, NY 11101

The purpose of the public hearing is to accept oral and written comments on the proposed rule making.

Public Comment on the Proposed Rule Making

The public comment period commences on October 23, 2019. Written statements may be submitted to: Michelle Tompkins, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3500, E-mail: WQSrulemakings@dec.ny.gov Written statements must be submitted to the NYS DEC by midnight on January 13, 2020.

Public Hearing

At the public hearing to be held on January 8, 2020, attendees will have an opportunity to make an oral statement and/or file a written statement. It is not necessary to file a written statement or request in order to appear to make a statement at the hearing. Written statements received prior to, during, or after the hearing (before the comment period closes), and oral statements made at the hearing will be given equal consideration.

Public Hearing Facilities/Services

The public hearing is scheduled at a location reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to hearing impaired persons, at no charge, upon advance written request received by the NYS DEC (see contact information below) no later than December 18, 2019.

Environmental and Regulatory Impact Review

NYS DEC has determined that the proposed rule making will not have a significant adverse environmental impact. NYS DEC has prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for small businesses and local governments, a Rural Area Flexibility Analysis and a Job Impact Statement, in accordance with the State Administrative Procedures Act.

Available Documents

Copies of the documents for the proposed rule making described above, along with the Express Terms (text of proposed rule), are available on the NYS DEC website at: http://www.dec.ny.gov/regulations/propregulations.html or by contacting the contact listed below.

Authority

NYS DEC is conducting the rule making proceedings, including the above-mentioned public hearing, pursuant to § 3-0301(2)(a) of the New York State Environmental Conservation Law.

Contact: Michelle Tompkins, NYS DEC - Division of Water, 625 Broadway, Albany NY 12233-3500, Phone: (518) 402-8233, E-mail: WQSrulemakings@dec.ny.gov.


Notice of Proposed Rulemaking 6 NYCRR Parts 622, Uniform Enforcement Hearing Procedures

Pursuant to Sections 3 0301, 15 0901, 17 0303, 19 0301, 23 0305, 33-0303, 70-0107, 71 0301, 71-1709 and 71-1719 of the Environmental Conservation Law (ECL) and State Administrative Procedure Act, art. 3, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC proposes to repeal 6 NYCRR Part 622, Uniform Enforcement Hearing Procedures, and replace the rule with a new 6 NYCRR Part 622, Uniform Enforcement Hearing Procedures, to clarify the hearing process for administrative enforcement proceedings. In addition to adopting a new Part 622, NYS DEC proposes to amend the definition section of 6 NYCRR Part 620, Procedures for Issuance of Summary Abatement Orders, and Part 624, Permit Hearing Procedures, to make the definitions of terms shared by Parts 620, 622 and 624 consistent. NYS DEC also proposes to amend 6 NYCRR 621.10(a), 621.11(g) and 621.13(d) to require that a copy of a written request for a hearing made pursuant to those subdivisions be provided to the Chief Administrative Law Judge.

Notice of Proposed Rulemaking to repeal and replace 6 NYCRR Part 622 and amend 6 NYCRR Parts 620, 621 and 624 will be published in issue 43 of the State Register, dated October 23, 2019. Documents pertaining to the proposed rulemaking may be found at: http://www.dec.ny.gov/regulations/propregulations.html#public.

Written comments on the proposed rule may be submitted until 5:00 p.m. on January 31, 2020. Written comments must be mailed to Administrative Law Judge (ALJ) Michael S. Caruso, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550, or emailed to ALJ Caruso at ohms@dec.ny.gov.

A Hearing for the proposed rule and attendant revisions to existing rules described above will be held as follows and is scheduled in a place that is reasonably accessible to persons with impaired mobility:

Date: January 7, 2020
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 hearing impaired persons at no charge upon written request submitted no later than December 27, 2019. The written request must be addressed to ALJ Caruso, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Caruso at: ohms@dec.ny.gov.

Contact: Michael S. Caruso, NYS DEC - Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550, Phone: (518) 402-9003, E-mail ohms@dec.ny.gov.


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