ENB - STATEWIDE NOTICES

        
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Public Notice - Notice of Continuation

Proposed Amendment to 6 NYCRR Part 325 - Relating to Commercial Lawn Pesticide Application

Notice of Continuation is hereby given by the New York State Department of Environmental Conservation (NYSDEC) for the proposed rulemaking, pursuant to Environmental Conservation Law Title 10 of Article 33 and Section 33-0905.5.

This rulemaking provides regulations to implement Title 10 (Special Requirements for Commercial and Residential Lawn Applications) of Article 33 of the Environmental Conservation Law. The rulemaking will address issues relating to the commercial lawn application of pesticides. The commercial lawn application requirements were established by Chapter 559 of the Laws of 1987, effective on April 25, 1988, which added Article 33, Title 10, to the Environmental Conservation Law.

The regulations also address the general notification requirements (as they apply to lawn care) found in §33-0905.5 for pesticide applications on premises that have dwellings, multiple dwellings, buildings, or structures. The consolidation of the general notification and commercial lawn requirements will provide a single comprehensive source of information for achieving compliance.

Section 33-0905.5 requires every certified applicator, prior to the application of a pesticide within or on the premises of dwellings, multiple dwellings and structures other than dwellings, to supply the occupants or owners or owner's agents (as applicable) thereof with a written copy of the information, including any warnings, contained on the label of the pesticide to be applied. This statute was signed into law in 1983.

Title 10, section 33-1001 overlaps some of the authority provided by 33-0905.5. This regulation implements these areas of overlap as they pertain to lawn care issues. Specifically, Title 10 requires applicators to provide as part of the contract any warnings that appear on the label of pesticides to be applied that are pertinent to the protection of humans, animals or the environment.

The proposed amendments can be found on the Department’s web site at www.dec.state.ny.us/website/dshm under the Division of Solid & Hazardous Materials. To obtain additional information, please contact Mary Roy at (518) 402-8781.

Public Notice - Notice of Adoption

Adoption of Amendments to Air Regulations

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, and 71-205, the NYS Department of Environmental Conservation gives notice of a the following:

NOTICE OF ADOPTION OF RULE: 6 NYCRR Part 200, General Provisions, and Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines on September 30, 2002, to be effective October 30, 2002.

This rule has been modified to maintain consistency with the California program, to adopt California test procedures for heavy duty engines, to amend the current zero emission vehicle sales mandate, and to assure that emissions reductions associated with heavy duty engine standards are achieved.

Contact: Steven Flint, P.E., NYSDEC Division of Air Resources, 625 Broadway, Albany NY 12233-3255, phone: (518) 402-8292, e-mail: seflint@gw.dec.state.ny.us


6 NYCRR Part 200, General Provisions, subdivision 200.1(ax), Nonattainment Area

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ursuant to Sections 1-0101; 3-0301; 19-0103; 19-0105; 19-0107; 19-0301; 19-0302; 19-0303; 19-0305, 19-0311; 19-0319; and 70-0109 the NYS Department of Environmental Conservation gives notice of a the following:

Notice of Adoption of Rule

This rule was adopted to introduce consistency with federal statute. The U.S. Environmental Protection Agency (EPA) redesignated the Metropolitan carbon monoxide nonattainment area, consisting of Westchester, Bronx, New York, Richmond, Kings, Queens and Nassau Counties, to attainment. Subdivision 200.1(ax) defines the area as being nonattainment. The Department has removed the definition of the Metropolitan carbon monoxide nonattainment area from subdivision 200.1(ax).

Contact: Steven Botsford, P. E., NYSDEC Division of Air Resources, 625 Broadway, Albany NY 12233-3251, phone: (518) 402-8396, email srbotsfo@gw.dec.state.ny.us


Adoption of Amendments to Air Regulations

Pursuant to Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0320, 71-2103, and 71-2105 the NYS Department of Environmental Conservation gives notice of a the following:

NOTICE OF ADOPTION OF RULE: 6 NYCRR Part 217, Motor Vehicle Emissions on September 30, 2002, to be effective October 30, 2002.

The amendments to Part 217 apply statewide. Onboard diagnostic inspection standards and procedures will be modified to meet federal standards, exhaust emission standards and test equipment audit procedures will be updated, and outdated exhaust emission standards and inspection procedures for non-electric and non-diesel motor vehicles are repealed. The amendments subject all heavy duty vehicles to idling restrictions and correct penalties for noncompliance with the heavy duty exhaust emission standards and inspection procedures.

Contact: James Clyne, NYSDEC Division of Air Resources, 625 Broadway, Albany NY 12233-3257, phone: (518) 402-8401, e-mail: jjclyne@gw.dec.state.ny.us


Adoption of Amendment to Air Regulations

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301 and 19-0305, the NYS Department of Environmental Conservation gives notice of the following:

NOTICE OF ADOPTION OF RULE on October 10, 2002, to be effective November 9, 2002. Notice is hereby given that the New York State Department of Environmental Conservation, has finalized amendments to 6 NYCRR Part 200, General Provisions, and has adopted Part 235, Consumer Products.

The adoption of this rule is intended to reduce Volatile Organic Compound (an ozone precursor) emissions from consumer products to attain the one-hour ozone standard. This rule applies to any person who sells, supplies, offers for sale, or manufactures consumer products on or after January 1, 2005 for use in the state of New York. Approximately 87 product categories are covered by the rule. Consumer products are used by household and institutional consumers including, but not limited to, cleaning compounds; personal care products; home, lawn and garden products; disinfectants; and automotive specialty products.

Contact: Dan Brinsko, P.E., NYSDEC Division of Air Resources, 625 Broadway, Albany NY 12233-3257, phone: (518) 402-8396, e-mail: dsbrinsk@gw.dec.state.ny.us