Public Notice of Proposed Rulemaking

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 71-2103, the Department hereby gives notice of the following proposed rulemaking action: To amend and modify 6 NYCRR Part 200.9, Referenced Material, and 6 NYCRR, Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines; to incorporate wide-ranging improvements that California has made to its vehicle emission control program, maintain identical light duty (LD) vehicle standards with California as required under section 177 of the federal Clean Air Act (Act), and to incorporate medium duty (MD) standards into Part 218. The comment period will close at 5 o'clock on Wednesday, August 30, 2000.

Public hearings are scheduled as follows:

August 21, 2000 1 P.M. EPA Headquarters, 290 Broadway, (enter at corner of Duane and Broadway),
27th floor, Conference Room D, New York NY 10007
August 22, 2000 1 P.M. NYSDEC, 80 Wolf Road, Conference Room 404, Albany NY 12233
August 24, 2000 1 P.M. Convention Center at Oncenter, Meeting Rooms 4 and 5, lower level, 800 South State Street, Syracuse NY 13202
August 25, 2000 11 A.M. Cheektowaga Town Hall, Council Chambers,
3301 Broadway, Cheektowaga NY 14227

For further information, contact: Steven Flint, P.E., NYSDEC Division of Air Resources, 50 Wolf Road, Albany NY 12233-3255; telephone 518 485-8913; E-mail seflint@gw.dec.state.ny.us

Public Notice

Notice of Availability of the Final New York City Watershed Phase II Total Maximum Daily Loads/Wasteload Allocations/ Load Allocations (TMDL/WLA/LA) for Phosphorus in the New York City Water Supply Reservoir System. Also Available Is the Response to Public Comment on the November 17, 1999 Draft TMDL/WLA/LA.

The New York State Department of Environmental Conservation (NYSDEC), with the cooperation and technical assistance of the New York City Department of Environmental Protection (NYCDEP) and the United States Environmental Protection Agency (USEPA), has completed its Phase II analyses of the Total Maximum Daily Loads (TMDL) for phosphorous in the reservoirs of the New York City Water Supply System. This notice announces the availability of the Final Phase II Phosphorous TMDLs for these reservoirs which was submitted to the USEPA on June 29, 2000 for approval. The notice also announces the availability of the Response to the Public Comments, dated June 2000, on NYSDEC's Phase II Phosphorus TMDL proposed for New York City's Water Supply Watershed, in November 1999.

INFORMATION: The Final TMDL/WLA/LA information is included in NYSDEC documents entitled: 1) Phase II Phosphorus Total Maximum Daily Loads For Reservoirs in the New York City Water Supply Watershed, dated June 2000; and 2) Response to the Public Comments on NYSDEC's Phase II Phosphorus TMDL proposed for New York City's Water Supply Watershed, dated June 2000.These documents are available at the following website: http://www.dec.state.ny.us/website/dow/index.html or by contacting the NYSDEC Bureau of Watershed Management, by phone at 518-457-8961 or mail at Room 398, 50 Wolf Rd., Albany, NY 12233-3508. Copies of these documents will be mailed out to all entities which submitted public comments on the draft document.

Related information included in NYCDEP's report entitled Phase II Phosphorus TMDL Methodology Document, Water Quality Guidance Value Report and Phosphorus TMDL Calculations Reports for 19 Reservoirs, can be found on their website at http://www.ci.nyc.ny.us/html/dep/htlm/tmdl.html. These documents are dated March 1, 1999 and they provide much of the information used in NYSDEC's Phase II TMDL documents.

Pursuant to the Issue of New Guidance Documentation, the Department gives notice of the following changes regarding Appendix C of DAR-1.

6 NYCRR Part 212 requires the use of the Policy Guidance Document DAR-1 to establish Environmental Ratings on compound specific air contaminants. Environmental Ratings are used within 6 NYCRR Part 212 to determine the degree of air cleaning required of the air contaminant for new and existing sources.

The procedures for deriving an environmental rating, described in 212.9(a) Table 1, state that the "toxic and other properties and emission rate potential of the air contaminant" in conjunction with the "location of the source with respect to residences or other sensitive environmental receptors, including a consideration of the area's anticipated growth" and in conjunction with "emission dispersion characteristics at or near the source, taking into account the physical location of the source relative to surrounding building and terrain" and the "projected maximum cumulative impact of taking into account emissions from all sources in the facility under review and the pre-existing ambient concentration of the air contaminant under review" shall be used to determine an environmental rating.

To satisfy the requirements stated above, the Department established a listing of non-criteria air contaminants with acceptable ambient air concentrations to help the user of DAR-1 make an appropriate environmental rating determination. The acceptable air concentrations, in microgram per cubic meter, are listed for annual emission rates called Annual Guideline Concentrations (AGCs) and for hourly emission rates called Short-Term Guideline Concentrations (SGCs). A listing of AGC/SGCs were incorporated into the 1991 Draft version of Air Guide-1 (DAR 1) under Appendix C and revised in 1995. Today's action is to update the listing of AGC/SGCs with the latest toxicological information so as to establish acceptable air contaminant ambient concentrations. The current DAR-1 maintains the text of the 1991 Draft version of Air Guide-1 and keeps the AGC/SGC Tables as a separate document for easier accessability.

The following represents the major changes found in the Year 2000 tables:

  1. Use of Short-Term Guideline Concentrations (SGCs) for only air contaminants the Department believes to exhibit acute toxicological health effects. Earlier versions of the AGC/SGC tables had SGCs for all contaminants on the list.
  2. AGC/SGCs will only be culled from data recognized by the US Environmental Protection Agency, (EPA), New York State Department of Health (NYSDOH), New York State Department of Environmental Conservation (NYSDEC), California Environmental Protection Agency (CAL-EPA) and the American Conference of Governmental Industrial Hygienists (ACGIH). Earlier versions of the AGC/SGC tables recognized sources of data which did not update their data on a regular basis.
  3. Guidance values derived from the ACGIH will incorporate the latest version of the handbook, Threshold Limit Values for Chemical Substances and Physical Agents, 2000 publication.
  4. The AGC/SGC tables will be viewable on the Department's Website in Adobe Acrobat Reader format.

For a complete listing of the AGC/SGC Table http://www.dec.state.ny.us/website/dar/boss/toxics.html. For further information, contact:

Steven DeSantis
NYSDEC, Division of Air Resources
50 Wolf Road, Room 108, Albany NY 12233-3254
515 457-7688email sxdesant@gw.dec.state.ny.us

State Agricultural and Farmland Protection Implementation Program

The New York State Department of Agriculture and Markets announces the availability of funds from the Clean Water/Clean Air Bond Act and the Environmental Protection Fund for farmland protection activities. Pursuant to the State Agricultural and Farmland Protection Implementation Program as set forth in Article 25-AAA of the Agriculture and Markets Law, county agricultural and farmland protection boards in counties with a farmland protection plan approved by the Commissioner of Agriculture and Markets, or other municipalities which have in place a local farmland protection plan, may apply for State assistance payments for the implementation of projects and activities identified in the plans. Priority will be given to projects intended to preserve viable agricultural land; that are in areas facing significant development pressure; and that serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics. State funds awarded to any applicant shall not exceed 75% of the total project cost.

Proposal Due: Thursday, August 31, 2000, 4:00 p.m.

Location: Proposal must be delivered to:
Marjorie Brague, Director
Division of Fiscal Management
NYS Department of Agriculture and Markets
1 Winners Circle
Albany, NY 12235

If the proposal is delivered by United States mail, the date of the U.S. postmark stamped on the envelope shall be deemed to be the date of receipt. Faxed applications will not be accepted.

Contact: For a copy of the Request for Proposals, please contact: Robert Somers, Chief, Agricultural Protection Unit, NYS Dept. of Agriculture and Markets, 1 Winners Circle, Albany, NY 12235, (518) 457-2713, or view the Department's website at www.agmkt.state.ny.us.

Public Comment Period Open for Comparative Risk Project Draft Work Group Reports The deadline for comments has been extended to October 2, 2000.

Project Description:

The Comparative Risk Project seeks to identify those environmental problems that pose the highest risks to the citizens and the environment of New York State in order to develop a pollution prevention strategy aimed at reducing risk through various pollution prevention management options. The Project will base decisions, as much as possible, on available scientific information and current technology, will seek to reflect public opinions and values, and will strive to achieve consensus from a broad range of viewpoints.

The comparison of environmental problems in this Project is based on risks associated with substances that are released into the environment. These substances can be chemicals or particles that may be released into the air, water, or land. Fourteen groups of these substances, called stressors, have been developed. The stressor groupings are based on similarities in their physical or chemical characteristics.

For this Project, risk is being evaluated in three main areas: risk to human health, risk to ecosystems, and risk to quality of life. These evaluations use available scientific data, professional judgement, and group consensus decision-making to characterize and compare each stressor group. Draft reports for each of these areas are now available for public review and comment. After reviewing the final work group reports and the public comments that are received, the Steering Committee will integrate the work group findings into an overall risk characterization for each stressor group.

A pollution prevention strategy will then be developed that builds upon these risk characterizations. This strategy may incorporate a wide variety of possible pollution prevention methods, policies, and programs, each of which will be evaluated for cost-effectiveness, practicality, and equity. The potential of the method to reduce risk and the ability of the DEC to apply the method will be important considerations.

Additional details about the Comparative Risk Project, including copies of the Project ground rules and other documents, can be obtained through the Project website at http://www.dec.state.ny.us/website/ppu/p2crp.html.

Available Reports:

Three draft work group reports, prepared by the Human Health, Ecosystems, and Quality of Life Work Groups, are available for public review and comment. The Steering Committee has prepared a report summarizing the Project and their findings, and providing the viewpoints of several committee members.

All reports can be obtained through the Project's website at http://www.dec.state.ny.us/website/ppu/p2crp.html. They can also be obtained through the address, phone, fax, and email address provided in the next section. A questionnaire is being developed that will guide and assist the public in preparing meaningful comments. The questionnaire will be available soon on the Project website.

Public Comment Period Information:

A public comment period will take place through October 2, 2000. During this time, written comments on the draft work group reports will be accepted by the following means:

Through the mail at the following address:
Comparative Risk Project
New York State Department of Environmental Conservation
Pollution Prevention Unit
50 Wolf Road
Albany, NY 12233-8010
By fax at (518) 457-2570

Through e-mail at comprisk@gw.dec.state.ny.us

Formal public comments will not be taken by phone, but those with questions about the Project may call 518-457-2553.

Please send comments in by October 2, 2000. The work group reports will be revised and finalized shortly after review of the public comments received, and the Steering Committee will prepare a risk characterization report for the Project this fall. Although no formal written response to individual public comments will be prepared, each comment that is received will be considered by the appropriate work group or Steering Committee and will be reflected in changes to the reports which will be posted on the Project's Internet site. Comments that discuss pollution prevention strategies that will reduce the risks posed by the stressor groups studied in this Project will be provided to the Risk Reduction Strategies Work Group for their consideration.