ENB - STATEWIDE NOTICES

Public Notice

Environmental Board Meeting

The Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., February 22, 2000 in Room 602 of the Department's main offices, 50 Wolf Road, Albany, New York.

The Environmental Board will consider the following rulemaking action of the Department of Environmental Conservation:

6 NYCRR Subpart 231-2: New Source Review in Nonattainment Areas and Ozone Transport Regions.

This meeting is open to the public.

Contact: Ruth L. Earl, Executive Secretary to the Environmental Board, NYSDEC, 50 Wolf Road, Albany, NY (518) 457-5400.

Notice of Public Hearing

New York State Department of Environmental Conservation

Pursuant to The Provisions of The State Administrative Procedure Act, Notice is hereby given of the following:

Proposed Revisions to New York State Implementation Plan: Revised Transportation Conformity Budgets For 2007 And a Letter Committing the Department to Perform Certain Actions Relating To: "Phase Ii Alternative Attainment Demonstration - Demonstration of Attainment of the One Hour Ambient Air Quality Standard for Ozone by the Year 2007 and Meeting the 3 Percent Per-annum Rate of Progress Requirements for the Years 2002, 2005 and 2007 for the New York and Lower Orange County Metropolitan Areas" And Meeting the Requirements of the NOx Sip Call and Stage Ii Comparability - Demonstration of Comparable Nitrogen Oxide Emission Reductions in Lieu of Implementation Stage Ii Vapor Recovery at Gasoline Service Stations in Portions of New York State

Statutory authority: Environmental Conservation Law, 3-0301, 19-0103, 19-0303, 19-0105, 19-0301 and 19-0305

Subject: The New York State Department of Environmental Conservation (Department) is providing a public comment period and public hearings for proposed revisions to the New York State Implementation Plan (SIP) for OZONE. These actions are being provided to allow the public to review and comment on: a January 31, 2000 letter to the Environmental Protection Agency (EPA); revised transportation conformity budgets for 2007; the NOx SIP Call, and; the Stage II Comparability for upstate New York.

The January 31, 2000 letter is in response to a December 16, 1999 Federal Register notice through which EPA is proposing a rulemaking to approve the SIP, subject to the Department' s committal to perform certain actions. These commitments include the following: submittal of the oxides of nitrogen (NOx) SIP revision; submittal of revised transportation conformity budgets for the year 2007; the adoption of additional emission reduction measures to attain the one-hour ozone National Ambient Air Quality Standard; revisions to the Attainment Demonstration SIP to reflect the additional measures; revisions to the transportation conformity budgets and Attainment Demonstration after EPA's release of the MOBILE6 model, and; the performance of a mid-course review and submittal of the review to EPA by December 31, 2003.

The Department has revised the transportation conformity budgets for 2007 as required by the proposed rulemaking referenced above. The Department is soliciting public comment on these proposed revisions prior to their submittal to EPA.

The Department has completed its oxides of nitrogen budget (NOx budget) as required by EPA through an October 27, 1998 rulemaking. The Department is soliciting public comment on this budget prior to submittal to EPA. The Department has met the NOx emission reductions called for in the EPA rulemaking through the adoption of 6 NYCRR Part 204, NOx Budget Trading Program. Part 204 has been submitted to the Department of State for publication in the State Register.

The Stage II Comparability revision addresses the additional control measures that will accomplish reductions of ozone causing emissions comparable to those achievable by Stage II vapor recovery in areas in New York State where Stage II vapor recovery regulations are not applicable. The Department has implemented NOx emissions controls through the adoption of 6 NYCRR Subpart 227-3, Pre-2003 NOx Emissions Budget and Allowance Trading Program, in lieu of statewide implementation of the control of volatile organic compounds at gasoline service stations. These NOx reductions serve as comparable emission reductions as defined in 184(b)(2) of the Act and EPA guidance, Stage II Comparability for the Ozone Transport Region, January 1995.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review, the Department has reviewed the Negative Declaration originally submitted for this proposed SIP revision and has determined that the Negative Declaration adequately addresses the revised conformity budgets and those items discussed in the commitment letter, and that the proposed actions will not have an adverse effect on the environment.

Public Hearings on these proposals will be conducted on the following dates, at these places and times:

March 20, 2000 - 1:00 p.m.
NYSDEC
50 Wolf Road, Room 621
Albany NY 12233

March 21, 2000 - 1:00 p.m.
Arthur Levitt State Office Building
270 Broadway, 8th floor, Room 814
New York NY 10007

The public hearings are scheduled in a location that is reasonably accessible to persons with impaired mobility. Interpreter services will be made available to hearing impaired persons, at no charge, upon written request received by Arlene Schmidt (at the address indicated below) by the close of business on March 1, 2000.

The Department invites all persons, organizations, corporations, and government agencies which may be affected by the proposed ozone SIP's to attend the hearings and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to or during the hearings and oral statements made at the hearings will be given equal weight.

Written statements may be submitted until March 21, 2000, and should be sent to: Steven Botsford, P.E., Department of Environmental Conservation, Division of Air Resources, 50 Wolf Road, Room 190, Albany, NY 12233-3251

A copy of the January 31, 2000 letter, the proposed conformity budgets for 2007, the NOx SIP Document, Stage II Comparability and supporting information may be obtained from the Department's Website, http://www.dec.state.ny.us.

For further information contact: Arlene Schmidt, NYS Department of Environmental Conservation, Division of Air Resources, 50 Wolf Road, Room 190, Albany NY 12233-3250, (518) 457-2825.

Public Notice

Notice of Eligible Project Categories in Heavy Duty Inspection and Maintenance Program of 1996 Clean Water/Clean Air Bond Act

I. Background, Scope and Applicability

The New York State Environmental Facilities Corporation (EFC) proposes to provide $1.15 million to establish a program to provide funding to owners of public heavy duty inspection and maintenance stations, other service stations that provide emissions tests to the public, and municipalities that purchase new emissions testing equipment capable of testing emissions from diesel engines. The purchase and use of this new equipment in conjunction with New York State's Heavy Duty Inspection and Maintenance Program (HDI&M) will reduce pollution from diesel vehicles and improve air quality and public health. Funding will be made pursuant to the HDI&M Program within the Other Air Program that was created by the Clean Water/Clean Air Bond Act of 1996.

The Other Air HDI&M Program is intended to partially reimburse owners of Eligible Businesses and municipalities that purchase new Eligible Smokemeters, that have been certified by the New York State Department of Environmental Conservation (NYSDEC), as complying with new state regulations (6 NYCRR Part 217-5). Under the Other Air HDI&M Program, EFC will provide financial assistance to Eligible Businesses located within the New York City Metropolitan Area (NYCMA) of $1,000 and to municipalities and Upstate Eligible Businesses of $2,000. The reasoning for the different levels of funding is based upon distinctions found in state law. Specifically, all heavy duty vehicles with diesel engines located in the NYCMA are or will be required to pass an emissions test prior to being registered by the New York State Department of Motor Vehicles (NYSDMV) and all NYSDMV licensed public heavy duty safety inspection stations in the NYCMA will be required to purchase certified smokemeters in order to retain their inspection business licenses. Thus, these downstate businesses will have a substantial customer base from which they can recoup a larger percentage of their investment. In contrast, municipalities and upstate businesses that purchase eligible smokemeters are not required to purchase these machines as a condition of receiving a license from NYSDMV.

The Other Air HDI&M Program applies to: (1) service stations which are located within NYCMA (i.e., Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester counties); (2) service stations located outside of the New York City Metropolitan Area; and, (3) municipalities. Funding from this program will not be available to private fleet operators who do not offer emission tests to members of the general public.

II. Purpose of this Notice

This notice describes eligibility requirements for the Other Air HDI&M Program, the amount of funding available, the time period during which EFC will accept applications for funding, and certain other eligibility criteria.

III. Definitions

Unless defined herein, terms used in this notice shall have the meanings set forth in Section 56-0101 of the environmental conservation law or 6 NYCRR Part 217-5. Terms used in this notice have the following meanings:

IV. Description of Eligible Projects

Pursuant to 6 NYCRR Part 217-5, NYSDEC has compiled and maintains a list of all Eligible Smokemeters certified as being designed and manufactured to meet the requirements of this regulation. Any owner of a Downstate Eligible Business, Upstate Eligible Business or municipality that purchases a certified Eligible Smokemeter or meters may apply for funding under this program.

V. Determination of Useful Life

For the purpose of the Other Air HDI&M Program, the useful life of such Eligible Smokemeters has been deemed by EFC to be seven (7) years.

VI. Amount of Funding

EFC will make state assistance payments in the following amounts for the purchase of the Eligible Smokemeter: For Downstate Eligible Businesses: $1,000 for each Eligible Smokemeter purchased.

For Municipalities and Upstate Eligible Businesses: $2,000 for each Eligible Smokemeter purchased.

No applicant will be eligible for more than five (5) state assistance payments.

VII. Application Schedule

EFC will accept requests for state assistance under the Other Air HDI&M Program through December 31, 2000.

VIII. Funding Schedule

Until the $1.15 million budget for the program is depleted, EFC will provide state assistance for the purchase of Eligible Smokemeters listed in this Notice, on a first-come, first-served, basis.

IX. Additional Requirements

>(1) Project Limitations. Eligible Businesses and municipalities purchasing multiple Eligible Smokemeters may submit requests for state assistance for up to five (5) such smokemeters regardless of location.

(2) Program Duration. Subject to the availability of funds and the other eligibility criteria set forth in this notice, the owner of an Eligible Business or municipality will be eligible for state assistance if the owner has purchased an Eligible Smokemeter after August 1, 1996, and before December 31, 2000.

(3) Application Deadline. Requests for state assistance under the Other Air HDI&M will be accepted until December 31, 2000. The required application form may be obtained by contacting EFC at the address specified under Section X of this notice, or by visiting EFC's website at http://www.nysefc.org.

(4) Application Procedure. The procedures for administering the Other Air HDI&M Program, including the submission, review and approval of requests for state assistance, will be guided by 21 NYCRR Part 2606.

(5) Proof of Insurance. As part of its request for state assistance, the owner of an Eligible Smokemeter that is not a municipality may be required to submit a certificate evidencing that EFC is named as a loss payee on the owner's property damage liability insurance policy.

X. Information Availability

Any person seeking additional information or application material regarding this program should contact EFC at: New York State Environmental Facilities Corporation, Financial Assistance to Business Program, Attention: Laurie A. Allen, Program Manager, 50 Wolf Road, Albany, New York 12205-2603; (800) 200-2200; Fax: (518) 457-0742

Public Notice

General Depredation Permit for Canada Geese and Gulls

The New York State Department of Environmental Conservation (DEC) has established a General Depredation Permit for Canada Geese and Gulls, in lieu of issuing individual permits on a case-by-case basis, for certain actions to alleviate property damage and other conflicts associated with these species. The general permit authorizes any person to take Canada geese, ring-billed gulls, herring gulls, or great black-backed gulls in accordance with a valid federal migratory bird depredation permit, federal depredation order or other federal regulation permitting the taking of those species, subject to certain conditions and limitations.

Establishment of this general permit allows more timely action by property owners to alleviate conflicts associated with geese and gulls and eliminates an administrative burden for the agency and the public. The federal regulatory process ensures adequate protection of migratory bird populations and makes State review and issuance of individual permits an administrative activity in most cases. Establishment of this permit will not have any effect on the methods available to the public for dealing with conflicts associated with geese and gulls. We anticipate annual renewal of this general permit, with revisions as needed.

The draft text of this permit was published in the January 5, 2000 Environmental Notice Bulletin, and public comment was invited. No comments were received and the final text of this permit is unchanged from the draft, except for the effective date (originally proposed for February 7). Any questions regarding the general permit should be sent to: Bryan Swift, New York State Department of Environmental Conservation, Wildlife Resources Center, 108 Game Farm Road, Delmar, NY 12054; fax (518) 478-3004; e-mail: blswift@gw.dec.state.ny.us

Following is the final text of the general permit:

General Depredation Permit for Canada Geese and Gulls
(Effective February 14 - December 31, 2000)

Section 11-0521 of the Environmental Conservation Law (ECL) authorizes the New York State Department of Environmental Conservation (DEC) to "... issue a permit to any person, to take any wildlife at anytime whenever it becomes a nuisance, destructive to public or private property or a threat to public health or welfare...". In the case of migratory birds, the U.S. Fish and Wildlife Service must also issue a permit before any person can take species protected by federal law. The federal permit process, with DEC input, provides adequate protection of the resource and makes review and issuance of individual State permits unnecessary in most cases.

DEC hereby authorizes any person to take Canada geese or gulls in accordance with a valid federal migratory bird depredation permit, federal depredation order or other federal regulation permitting the taking of migratory birds in accordance with Title 50, Code of Federal Regulations, Part 21, Subpart D (50 CFR 21D: Control of Depredating Birds), subject to the following conditions:

  1. Activities carried out under this general permit must be done in accordance with all terms and conditions specified in the federal permit, depredation order or other regulation in 50 CFR 21D.
  2. Only the following species may be taken pursuant to this general permit: Canada goose ( Branta canadensis), ring-billed gull (Larus delawarensis), herring gull (L. argentatus), and great black-backed gull (L. marinus), within limits specified below. In this permit, the term "gulls" refers only to these three species.
  3. Scaring/herding: Any person may scare or herd Canada geese or gulls by any means, including pyrotechnics and dogs, as long as Canada geese or gulls are not physically harmed.
  4. Nests and eggs: Any person may take any number of nests or eggs of Canada geese found in any place, and any number of nests or eggs of gulls found on rooftops or other man-made structures or along public walkways, in accordance with a valid federal permit, depredation order or other regulation under 50 CFR 21D. Nests or eggs of these species may be disturbed, destroyed, or treated to prevent hatching. This general permit also satisfies the permit requirements of ECL 11-0505(5).
  5. Shooting and euthanasia: No more than the following numbers of birds may be taken by shooting, live-trapping and euthanasia, or hand capture and euthanasia, from any single property or location:
    Canada geese - no more than 2/day and no more than 20 in any calendar year; and Gulls - no more than 15/day of each species (45 in all) and no more than 250 ring-billed gulls, 250 herring gulls, or 50 great black-backed gulls in any calendar year; taking of gulls permitted at landfills only.
  6. Relocation: No Canada geese or gulls may be relocated (live-trapped and released at a different location) under this general permit.
  7. Activities carried out under this general permit must be done in accordance with all applicable local laws and regulations.
  8. Activities not covered by this general permit may be allowed pursuant to an individual permit from DEC, after the corresponding federal permit or authorization is obtained.

For information about federal migratory bird depredation permits, contact: Permit Office, U.S. Fish and Wildlife Service, P.O. Box 779, Hadley, MA 01035-0779, phone (413) 253-8643, fax (413) 253-8482.