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Hearing Notice


Notice is hereby given that the New York State Department of Environmental Conservation (Department), will hold legislative public hearings on amendments to proposed rules, Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200, General Provisions, pursuant to Environmental Conservation Law, Sections 1-0101. 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105.

The purpose of the rule amendment is to revise the existing Low Emission Vehicle (LEV) program to incorporate modifications that California has made to its vehicle emission control program relating to the Zero Emission Vehicle (ZEV) mandate. New York is also proposing to amend the Alternative Compliance Plan option in Part 218 to extend the expiration date of the option and to revise plan flexibilities. Adoption of these modifications is necessary to reduce emissions of air contaminants from new motor vehicles, and will also provide for continuing advancement of motor vehicle emissions control technology.

The Department will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by April 30, 2004, to Laura Becker, NYSDEC, 625 Broadway, Albany NY 12233-3250, 518- 402-8451, ljbecker@gw.dec.state.ny.us. Hearings will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Wednesday, May 12, 2004, 11:00 a.m.
NYSDEC Region 8 Office
Conference Room
6274 East Avon-Lima Road
(Rts. 5 and 20)
Avon, NY 14414

Thursday, May 13, 2004, 1:00 p.m.
625 Broadway
Public Assembly Room 129B
Albany NY 12233

Friday, May 14, 2004, 10:00 a.m.
Region 2
11-15 47th Ave.
Hearing Room 106
Long Island City NY 11101-13215

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared Negative Declarations stating that the proposed actions will not have a significant effect on the environment.

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearings. At each hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. The Department will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend each hearing. Information may be obtained from Steven Flint, P.E., NYSDEC Division of Air Resources, 625 Broadway, Albany NY 12233-3255, telephone, (518) 402-8292; email, seflint@gw.dec.state.ny.us. Written statements may be submitted until 5 p.m., May 21, 2004.

The proposed regulation may be obtained from any of the following Department offices:

REGION 1, Building #40, State University of New York, Stony Brook, NY 11790, Attention: Ajay Shah

REGION 2, Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Sam Lieblich

REGION 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Robert Stanton

REGION 4, 1150 North Westcott Rd., Schenectady, NY 12306, Attention: Rick Leone

REGION 5, Hudson Street Extension, Box 220, Warrensburg, NY 12885, Attention: James Coutant

REGION 6, Watertown State Office Bldg., 317 Washington St., Watertown, NY 13601, Attention: Thomas Morgan

REGION 7, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker

REGION 8, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott

REGION 9, 270 Michigan Ave., Buffalo, NY 14202, Attention: Larry Sitzman

Voluntary Cleanup

County: Queens

Lead Agency: New York State Department of Environmental Conservation

Project Title: Availability of Voluntary Cleanup Project Remedial Action Work Plan for Comment, College Point Properties Site, Site No. V00254-2

Project Location: 121st Street and 5th Avenue, College Point, Queens, New York

Brief Project Description: In April 2000, the New York State Department of Environmental Conservation entered into a Voluntary Cleanup Agreement with College Point Properties, Inc. for the Investigation and, if needed, Remediation of the site located at the aforementioned address. The site is located in a neighborhood of private residences and a New York City Park. The site is bordered by residential housing on the east; by 5th Avenue on the south; by the Herman A. Mac Neil Park on the southwest; and by the East River on the west and the north. Residences are also located in the area to the south of 5th Avenue. The Site is now vacant. Its contemplated use is multifamily residential. Site Investigations have revealed contamination of the soil. The site was constructed by land filling into the East River, which is a salt water body. The water under the site is salt water and is similar in characteristics to the East River. Background contaminants exist in these soils. These contaminants are principally semi-volatile organic compounds (SVOCs), Metals, and PCBs. The site contains some hot spot locations. Hot spot locations are locations where contaminants in soils are greater than the background levels of contaminants in those soils. These hot spot locations and other locations on the site with oil contamination have been identified in the Remediation Work Plan. The selected remedy for those locations includes the removal of floating oil contamination, removal of the soils in the hot spots and removal of the oil contaminated soils from the site. Those soils would be removed from the site and disposed of in an approved disposal facility. The background levels of some of the contaminants in the soils, which will remain on the site, are above recommended standards. The site remedy will address this condition by including the use of engineering and institutional controls to isolate and protect future occupants of the site from the contaminants in these soils. These controls will include: active sub-slab depressurization systems and vapor barriers under buildings and two feet of clean soil in any open spaces on the site. A homeowner’s association will monitor these controls. Written and oral comments on the Remediation Action Work Plan (RAWP) will be accepted until May 7, 2004. The RAWP can be viewed at the Region 2 office at the address below. Written comments expressing objection or opposition to the project must explain the basis of that opposition and identify the specific grounds, which could lead the Department to impose significant changes to the Work Plan. Based on these comments, the NYSDEC may require the Volunteer to make revisions to the Work Plan. No formal response will be made to comments received by NYSDEC.

Contact person: Vadim Brevdo, P.E., Project Manager; NYSDEC, 47-40 21st Street, Long Island City, NY, 11101; Phone: (718) 482-4995, Fax: (718) 482-6358, E-mail: vxbrevdo@gw.dec.state.ny.us.