ENB - STATEWIDE NOTICES

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Hearing Notice

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Notice is hereby given that the New York State Department of Environmental Conservation (Department), will hold a joint legislative public hearing on the following proposed rules and revisions to the State Implementation Plan (SIP) for 200.9, 201, 208, 218, 235, and 240 and revisions to the State Implementation Plan for 200.9, 201, 208, 235, and 240.

The amendment to Part 201 removes conveyorized and open top degreasers that are subject to 40 CFR 63, Subpart T from the list of exempted activities. This corrects an inconsistency between 201-3.2(c)(39), which purports to exempt such sources from Part 201 requirements, and 201-4.1(a)(3). According to paragraph 201-4.1(a)(3), facilities which emit Hazardous Pollutants and are not otherwise required to obtain a permit must obtain a minor facility registration. This amendment clarifies that conveyorized and open top vapor degreasers that are subject to 40 CFR 63, Subpart T are not exempt sources. The State Implementation Plan will be revised to include this correction.

The amendments to Part 208 correct a technical error. Part 208 is the State Plan implementing the Municipal Solid Waste (MSW) Landfill Emissions Guidelines prescribed under Section 111 of the CAA. EPA approved the State Plan in 2001 and 2004. These revisions will be submitted to EPA.

The department accepted comments on proposed Part 218 and Part 200.9 regulations at public hearings on May 12, 13 and 14, 2004. As a result of comments received, the Department is proposing to modify those regulations. Specifically, the start of the manufacturers requirements under the Alternative Compliance Plan is changed to model year 2006 and the phase in percentages of PZEV, AT PZEV, and ZEVs are modified to reflect the change in schedule, and the date for equivalency with the California program is established as model year 2009. These revisions are proposed to make the alternative compliance plan option more consistent with the regulatory schedule established by California, and to provide additional lead time to manufacturers for compliance. 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.

6 NYCRR Part 235, Consumer Products. Part 235 establishes volatile organic compound limits for 43 consumer product categories. The purpose of this consensus rulemaking is to correct technical errors in Part 235 that have resulted from the recent renumbering of definitions in 6 NYCRR Part 200. Specifically, obsolete cross references to Part 200 will be removed from Part 235 and regulatory provisions will be appropriately modified to ensure the same error does not recur. The State Implementation Plan will be revised to include the corrections.

The amendments to Part 240 and Part 200.9 correct inconsistent internal references, and the date of a Federal law which is referenced. The State Implementation Plan will be revised to include the correct regulatory references.

The joint hearing will be held at the following location and time:

Date: Wednesday, August 25, 2004
Time: 2 p.m.
Location: NYSDEC
625 Broadway
Room 129A
Albany, NY 12233

The public hearing is scheduled in a place that is reasonably accessible to persons with impaired mobility. At the hearings, the Department will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by August 11, 2004, to Laura Becker, NYSDEC, 625 Broadway, Albany NY 12233-3250; (518) 402-8451; ljbecker@gw.dec.state.ny.us.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration(s) stating that the proposed action(s) 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 hearing(s). At the hearing(s), persons who wish to make a statement will be invited to speak. There will be one hearing record for the entire proceeding which will include any comments received on any of the proposed actions addressed in this Notice. Persons wishing to speak on a particular topic will be invited to speak in the order deemed most appropriate by the ALJ, not necessarily in the order of the rules/SIP revisions listed above. The Department may take different actions on each of the items listed above based upon comments. It is requested that oral statements also be submitted in writing. The Department will give equal weight to written and oral statements.

Information concerning Part 201 may be obtained from John Henkes, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: (518) 402-8403; email, jlhenkesr@gw.dec.state.ny.us. Written statements may be submitted until 5p.m., September 1, 2004.

Information concerning Part 208 may be obtained from Thomas Christoffel, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: (518) 402-8401; email, trchrist@gw.dec.state.ny.us. Written statements may be submitted until 5p.m., September 1, 2004.

Information concerning Part 218 and Part 200.9 may be obtained from Steven Flint, 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 5p.m., September 1, 2004.

Information concerning Part 235 may be obtained from Daniel Brinsko, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone: (518) 402-8396; email, dsbrinsk@gw.dec.state.ny.us

Information concerning Part 240 and Part 200.9 may be obtained from John Kent, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone: (518) 402-8396; email, jwkent@gw.dec.state.ny.us. Written statements may be submitted until 5p.m., September 1, 2004.

Information concerning the SIP revisions may be obtained from Elizabeth Bartlett, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone (518) 402-8396; email bxbartle@gw.dec.state.ny.us. Written statements may be submitted to the Department until 5 p.m., September 1, 2004.

The proposed regulations, SIP revisions and supporting information 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: Michael Stawarz
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


Notice Of Availability For Comment

Title: NYS Department of Environmental Conservation, Division of Environmental Remediation, Municipal Assistance for Environmental Restoration Projects, Procedures Handbook

Subject: Draft Program Policy

Description: The purpose of this handbook is to provide municipalities and other interested parties with guidance for performing projects in the Environmental Restoration Program (ERP). New York State established the ERP under the Clean Air / Clean Water Bond Act of 1996 to provide State assistance to municipalities for the investigation and remediation of municipally-owned contaminated properties. The ERP was amended by Chapter 1 of the laws of 2003 to provide additional funding and other benefits to municipalities. This document provides updated administrative guidance to municipalities participating in the ERP.

The Procedures Handbook is available on the DER website at www.dec.state.ny.us/website/der/index.html or by contacting:

Contact Person:
George W. Heitzman
NYS Department of Environmental Conservation
Division of Environmental Remediation
Remedial Bureau D
625 Broadway
Albany NY 12233-7013
Phone: (518) 402-9813

Comment Period: Comments on this action will be accepted for 30 days following publication in the ENB. The last day for receipt of comments will be August 20, 2004. Comments and questions should be directed to the contact person listed above. At the end of this comment period, all comments will be considered and the document will be revised accordingly. A final policy document will be prepared and notice will appear in the ENB.


Notice of Proposed Adoption of Rulemaking

New York State Department of Environmental Conservation

6 NYCRR Part 235, Consumer Products

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

Proposed Adoption of Rulemaking amending 6 NYCRR Part 235, Consumer Products, to correct technical errors in Part 235 that have resulted from the recent renumbering of definitions in 6 NYCRR Part 200. Specifically, obsolete cross references to Part 200 will be removed from Part 235 and regulatory provisions will be appropriately modified to ensure the same error does not recur. The State Implementation Plan will be revised to include the corrections.

This amendment was proposed and filed with the Department of State on the 6th day of July, 2004. The proposed Adoption of Rulemaking Notice will be published in the July 21, 2004 issue of the State Register.

For further information, contact:
Daniel S. Brinsko, P.E.
NYSDEC Division of Air Resources
625 Broadway, Albany NY 12233-3257
518 402-8396 dsbrinsk@gw.dec.state.ny.us


New York State Department of Environmental Conservation

6 NYCRR Part 201, Permits and Certificates

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 New York State Department of Environmental Conservation hereby gives notice of the following:

Proposed Adoption of Rulemaking amending 6 NYCRR Part 201, Permits and Certificates to correct an inconsistency between 201-3.2(c)(39), which purports to exempt such sources from Part 201 requirements, and 201-4.1(a)(3). According to paragraph 201-4.1(a)(3), facilities which emit Hazardous Pollutants and are not otherwise required to obtain a permit must obtain a minor facility registration. This amendment clarifies that conveyorized and open top degreasers that are subject to 40 CFR 63, Subpart T are not exempt sources.

This amendment was proposed and filed with the Department of State on the 6th day of July, 2004. The proposed Adoption of Rulemaking Notice will be published in the July 21, 2004 issue of the State Register.

For further information, contact:
John Henkes
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3254
518 402-8403 E-mail jlhenkes@gw.dec.state.ny.us


New York State Department of Environmental Conservation
6 NYCRR Part 240, Conformity to State or Federal Implementation Plans of Transportation Plans Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. Or the Federal Transit Laws
and
6 NYCRR 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 New York State Department of Environmental Conservation hereby gives notice of the following:

Proposed Adoption of Rulemaking amending 6 NYCRR Part 200, General Provisions, and Part 240, Conformity to State or Federal Implementation Plans of Transportation Plans Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. Or the Federal Transit Laws. The proposed rulemaking corrects typographical errors, specifically inconsistent internal references and the date of a Federal law which is referenced, resulting from changes made to 6 NYCRR Part 200.

This amendment was proposed and filed with the Department of State on the 6th day of July, 2004. The proposed Adoption of Rulemaking Notice will be published in the July 21, 2004 issue of the State Register.

For further information, contact:
John Kent
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3255
518 402-8396 E-mail jwkent@gw.dec.state.ny.us


New York State Department of Environmental Conservation
6 NYCRR Part 208, Landfill Gas Collection and Control for Certain Municipal Solid Waste Landfills

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 New York State Department of Environmental Conservation hereby gives notice of the following:

Proposed Adoption of Rulemaking amending 6 NYCRR Part 208, Landfill Gas Collection and Control for Certain Municipal Solid Waste Landfills to correct a technical error in the rule. Specifically, Part 208.6(d)(5) will be renumbered as Part 208.6(e).

This amendment was proposed and filed with the Department of State on the 6th day of July, 2004. The proposed Adoption of Rulemaking Notice will be published in the July 21, 2004 issue of the State Register.

For further information, contact:

Thomas R. Christoffel, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3255
518 402-8401 E-mail trchrist@gw.dec.state.ny.us


New York State Department of Environmental Conservation
6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines

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 New York State Department of Environmental Conservation hereby gives notice of the following:

Proposed Revised Adoption of Rulemaking amending 6 NYCRR Part 200, General Provisions, and Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, to incorporate modifications that California has made to its vehicle emission control program relating to the ZEV mandate to reduce emissions in New York State and to make revisions to New York State’s alternative compliance plan. The proposed rulemaking has been revised in response to comments received during the public comment period. Specifically, the start of the manufacturers requirements under the Alternative Compliance Plan is changed to model year 2006 and the phase in percentages of PZEV, AT PZEV and ZEVs are modified to reflect the change in schedule, and the date for equivalency with the California program is established as model year 2009

This amendment, necessary for the preservation of the health and general welfare, was originally proposed and filed with the Department of State on the 19th day of March, 2004. The proposed Adoption of Rulemaking Notice will be published in the April 7, 2004 issue of the State Register.

For further information, contact:
Steven E. Flint, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3255
518 402-8292 E-mail seflint@gw.dec.state.ny.us


6NYCRR Part 638 Green Building Tax Credit (GBTC) – Request For Comment On Green Refrigerants

The Public‘s assistance and input is being requested to provide technical data and comment to assist the Department of Environmental Conservation, in making a determination as to whether or not 1, 1– dichloro – 2, 2, 2 – trifluoroethane (commonly referred to as "HCFC 123" in the GBTC program), is equal to or more beneficial than the environmental attributes of EPA – approved non–ozone depleting refrigerants (go to www.epa.gov/air/ozone/index.html), and if the Department should extend the Green Refrigerant Component Tax credit for its use under the NYS GBTC program. The Department will receive the public‘s comments concerning this issue for thirty days from June 30, 2004 through July 29, 2004.

The Green Building Tax Credit program, proposed by Governor Pataki and signed into law on May 15, 2000, allows building owners and developers to deduct from their State taxes the eligible expenses associated with the design and construction of green buildings, including increasing energy efficiency, the use of environmentally–friendly materials, and improving indoor air quality. Some examples of green building features include the use of solar power or fuel cells, daylight and natural cooling, carpeting or other building products made from recycled materials, high performance windows and ventilation systems and green environmentally sound refrigerants in all new air conditioning equipment (including chillers and absorption chillers, water or air cooled unitary equipment, water cooled heat pumps, packaged terminal heat pumps, air conditioners, and other similar air conditioning equipment).

The Green Building Tax Credit regulation 6NYCRR Part 638 promulgated on June 6, 2002, establishes standards that must be met in order for a building or tenant space to qualify as green, including standards for energy and energy efficiency; appliances, and heating and cooling equipment; indoor air quality and testing; recycling of wastes; plumbing fixtures; building materials, finishes and furnishings; and compliance with zoning, land–use, erosion control, storm water management, building code and environmental regulations.

Subpart 638.7 of the GBTC regulation (6NYCRR Part 638) establishes the "Standards and Methods for Determining Compliance," for refrigerants. 638.7 (m) Refrigerants, of this subpart states the following:

All new air conditioning equipment (including chillers and absorption chillers, water or air cooled unitary equipment, water cooled heat pumps, packaged terminal heat pumps, air conditioners, and other similar air conditioning equipment) exclusively utilizes one of the following:

Anyone interested in obtaining more information regarding this issue should contact Dennis Lucia at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone (518) 402–9469, fax (518) 402–9168, email djlucia@gw.dec.state.ny.us. Information on the Green Building Tax Credit Program (application pkg, legislation and regulations) are available at www.dec.state.ny.us/website/ppu under Green Building Initiative.


$6.1 MILLION AVAILABLE FOR GREEN BUILDING TAX CREDITS Tax Credits Promote Environmentally–Sound Buildings

$6.1 million is available for eligible projects in the State‘s Green Building Tax Credit Program. The tax credit program, proposed by Governor Pataki and signed into law on May 15, 2000, allows building owners and developers to deduct from their State taxes the eligible expenses associated with the design and construction of green buildings, including increasing energy efficiency, the use of environmentally–friendly materials, and improving indoor air quality. Some examples of green building features include the use of solar power or fuel cells, daylight and natural cooling, carpeting or other building products made from recycled materials, and high performance windows and ventilation systems.

Applications are available on DEC’s website at www.dec.state.ny.us/website/ppu/grnbldg/index.html or by calling the agency‘s Pollution Prevention Unit at (518) 402–9469. Completed applications will be accepted until December 31, 2004 as prescribed by the legislation. Awards will be made on a first come–first served basis and applicants will be notified within 90 days of the submission of their application.


Public Notice

DEC Announces First Annual Environmental Excellence Awards – Applications Available –

Applications are now available for New York State‘s First Annual Environmental Excellence Awards. This award program was established to recognize NYS organizations that excel in one or more of the following areas: innovative practices, sustainable practices, or in the establishment of partnerships efforts. Eligible applicants include: business/technical assistance providers (includes private educational facilities); non–governmental organizations; government/municipalities (local, state, federal and public educational facilities); and individuals.

Review criteria will include the following: overall environmental benefits, environmental justice, overall economic benefits, innovations in technology, sustainability, partnerships that were created or strengthened by the project, demonstrated leadership, level of management commitment, and transferability.

IMPORTANT: The awards are scheduled to be presented in the Fall of 2004. Applications must be postmarked by July 15, 2004.

The application package is available through the DEC‘s website: www.dec.state.ny.us, by clicking on "Highlights," by looking under the Subject Index or by doing a Search for "Environmental Excellence Awards."

Anyone interested in obtaining more information regarding the application and criteria for the awards, should contact Michelle Hinman at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233–1750, telephone (518) 402–9469, fax (518) 402–9168, email mjhinman@gw.dec.state.ny.us.