ENB - STATEWIDE NOTICES

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Notice of Proposed Rulemaking

New York State Department of Environmental Conservation
6 NYCRR Part 200, General Provisions and 6 NYCRR Part 219, Incinerators

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 amendment of 6 NYCRR Part 200, General Provisions to correct the tables that reference various Federal air regulations including the New Source Performance Standards in 40 CFR Part 60, and the National Emission Standards for Hazardous Air Pollutants in 40 CFR Parts 61 and 63.

Proposed amendment of 6 NYCRR Part 219, Incinerators to add a cross-reference to a mercury test method which was omitted from Table 1 of Part 200.9.

This amendment was proposed and filed with the Department of State on the 19th day of October, 2004. The Notice of Proposed Rulemaking will be published in the November 3, 2004 issue of the State Register.

For further information, contact:

Edward A. Pellegrini, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3254
(518) 402-8403
E-mail eapelleg@gw.dec.state.ny.us


New York State Department of Environmental Conservation
6 NYCRR Part 202, Emissions Verification

Pursuant to Environmental Conservation Law, Sections 3-0301, 19-0301, 19-0303, and 72-0303, the New York State Department of Environmental Conservation hereby gives notice of the following:

Proposed amendment of 6 NYCRR Part 202, Emissions Verification to reflect the requirements of EPA's Consolidated Emission Reporting Rule and align emission reporting requirements under Subpart 202-2 with the operating permits issued to facilities pursuant to Part 201. Subpart 202-1 is being revised to add new EPA Reference Methods for emission testing, sampling, and analysis. As part of this rulemaking, Part 200 will be amended to add new definitions, revise the Volatile Methyl Siloxanes table, and update cross references in section 200.9.

This amendment was proposed and filed with the Department of State on the 19th day of October, 2004. The Notice of Proposed Rulemaking will be published in the November 3, 2004 issue of the State Register.

For further information, contact:

Michael F. Miliani, P.E.
NYSDEC, Division of Air Resources
625 Broadway
Albany, NY 12233-3251
(518) 402-8396
E-mail mfmilian@gw.dec.state.ny.us


New York State Department of Environmental Conservation
6 NYCRR Part 225, Fuel Composition and Use, 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 amendment of 6 NYCRR Part 225, Fuel Composition and Use and 6 NYCRR Part 200, General Provisions to regulate the sulfur content of Motor Vehicle Diesel Fuel. Specifically, new Subpart 225-4 will establish sulfur content limits, and Part 200.9 will be amended to incorporate referenced material.

This amendment was proposed and filed with the Department of State on the 19th day of October, 2004. The Notice of Proposed Rulemaking will be published in the November 3, 2004 issue of the State Register.

For further information, contact:

David Barnes
NYSDEC Division of Air Resources
625 Broadway 2nd floor, Albany NY 12233-3255
(518) 402-8292
E-mail dlbarnes@gw.dec.state.ny.us


Public Hearing

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 proposed revisions to 6 NYCRR Part 202, Emissions Verification and related revisions to 6 NYCRR Part 200, General Provisions and revisions to the State Implementation Plan (SIP) for proposed revisions to 6 NYCRR Part 202, Emissions Verification and related revisions to 6 NYCRR Part 200, General Provisions.

6 NYCRR Subpart 202-2, Emission Statements is being revised to reflect the requirements of the USEPA’s Consolidated Emission Reporting Rule and align emission reporting requirements with the operating permits issued to facilities pursuant to Part 201. The rule will also incorporate new EPA test methods in Subpart 202-1, Emissions Testing, Sampling and Analytical Determinations. As part of this rulemaking, Part 200 will be amended to add new definitions, revise the Volatile Methyl Siloxanes table, and update cross references in section 200.9, Referenced Material.

The Department will also hold a legislative public hearing on proposed revisions to 6 NYCRR Part 200, General Provisions, Sections 200.9, Referenced Material and 200.10, Federal Standards and Requirements, and 6 NYCRR Parts 219, Incinerators. These revisions are being proposed as a Consensus Rulemaking. The revision to Part 200.9 updates the references to the Federal regulations contained in the 2003 version of the Code of Federal Regulations. The revisions also add an incorporation by reference for a mercury test method which was omitted from a previous rulemaking. The revision to Part 200.10 updates the references to the Federal regulations to reflect the rules for which New York State has accepted delegation. The page numbers are updated to reference the 2003 Code of Federal Regulations and a number of newly promulgated National Emission Standards for Hazardous Air Pollutants (NESHAP) rules are added. The revision to Part 219 adds a cross reference to a mercury test method which was not included during a previous rulemaking.

The Department will also hold a legislative public hearing on proposed changes to 6 NYCRR Subpart 225-4, Motor Vehicle Diesel Fuel and related revisions to 6 NYCRR Part 200.9, Referenced Material.

6 NYCRR Part 225-4, Motor Vehicle Diesel Fuel, sets sulfur content standards for motor vehicle diesel fuel beginning in 2006, to serve as a backstop to federal regulations. The sulfur content standard and implementation dates set by Subpart 225-4 are identical to the federal rules. Part 200.9 will be amended to incorporate federal definitions and requirements.

The joint hearing will be held at the following locations and times:

Date: Tuesday, December 7, 2004
Time: 11:00 a.m.
Location: NYSDEC, Region 8
Conference Room
6274 East Avon-Lima Rd.
Avon, NY 14414
Date: Wednesday, December 8, 2004
Time: 11:00 a.m.
Location: NYSDEC
625 Broadway
Room 129A
Albany, NY 12233
Date: Thursday, December 9, 2004
Time: 11:00 a.m.
Location: NYSDEC Annex, Region 2
11-15 47th Avenue
Hearing Room 106
Long Island City, NY 11101

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 November 23, 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 219 and related changes to Part 200 may be obtained from Edward Pellegrini, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: (518) 402-8403; email, eapelleg@gw.dec.state.ny.us

Information concerning Part 202 and related changes to Part 200 may be obtained from Michael Miliani, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone: (518) 402-8396; email, mfmilian@gw.dec.state.ny.us

Information concerning Part 225-4 and related changes to Part 200 may be obtained from David Barnes, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, telephone: (518) 402-8292; email, dlbarnes@gw.dec.state.ny.us

Written statements may be submitted until 5p.m., December 16, 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: 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