ENB - STATEWIDE NOTICES

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Consolidated SPDES Renewals

Notice Of Adoption

Adoption of 6 NYCRR Part 621

New York State Department of Environmental Conservation, 6 NYCRR Part 621 and cross references in Parts 622, 624, 663, and the Part 370 and 380 Series

Pursuant to Environmental Conservation Law, Section 70-0107 of the Environmental Conservation Law, the New York State Department of Environmental Conservation hereby gives notice of the following:

Adoption of amendments to 6 NYCRR Part 621, Uniform Procedures, changes the order of the regulation to more closely follow the application review process, add needed definitions, clarify and update procedures for various programs that fall under the auspices of Uniform Procedures, clarify procedures for transferring a permit, clarify how to apply for variances, add several minor categories that will save applicants time and money without impacting the environment, clarify department and applicant responsibilities in various stages of the application review process, amend cross references to Part 621 that appear in Parts 622, 624, 663, 370 series and 380 series, and update addresses and telephone numbers of regional offices including FAX numbers and the departmentís website www.dec.state.ny.us. The Notice of Proposed Rule Making was published in the August 3, 2005 issue of the State Register. A Notice of Continuation was published in the March 1, 2006 issue of the State Register. The Notice of Adoption will be published in the State Register September 6, 2006.

Contact: Charles B. Gardner, NYSDEC Division of Environmental Permits, 625 Broadway, Albany NY 12233-1750, telephone, 518 402-9154; email, cbgardne@gw.dec.state.ny.us.


Notice of Proposed Rulemaking

New York State Department of Environmental Conservation
6 NYCRR Part 231 New Source Review for New and Modified Facilities
6 NYCRR Part 200, General Provisions
6 NYCRR Part 201, Permits and Registrations

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

The NYS Department of Environmental Conservation proposes to revise 6 NYCRR Parts 200, 201, and 231 and include these revisions in the State Implementation Plan (SIP). The proposed rulemaking will revise Parts 200 and 201 respectively by adding a definition for Routine Maintenance Repair and Replacement, and modifying the definition for Major Stationary Source. Part 200 will also be revised to reflect that the Department is no longer delegated responsibility for implementation of the federal Prevention of Significant Deterioration program. The existing nonattainment NSR program at Part 231 will be re-titled as New Source Review for New and Modified Facilities and will include new Subparts 231-3 through 231-13. The existing Part 231 regulations (Subparts 231-1 and 231-2) are being retained with only modification of applicability dates. The new subparts will implement nonattainment New Source Review (NNSR) and attainment New Source Review (Prevention of Significant Deterioration [PSD]). The NNSR requirements are based on New Yorkís existing NNSR program 6 NYCRR Subpart 231-2, with revisions to include selected provisions from the December 31, 2002 Federal NSR reform rule. The PSD requirements are also based in large part on the December 31, 2002 Federal NSR reform rule as codified at 40 CFR 52.21.

This revised rule will be submitted for incorporation into the SIP.

For further information, contact:

Kenneth A Newkirk, P.E.
NYSDEC, Division of Air Resources
625 Broadway, Albany, NY 12233-3251
(518) 402-8403
E-mail 231nsr@gw.dec.state.ny.us


Notice of Proposed Rulemaking

New York State Department of Environmental Conservation
6 NYCRR Part 246 Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311, the New York State Department of Environmental Conservation,(NYSDEC) gives notice of the following:

The NYSDEC proposes to revise 6 NYCRR Part 200, and promulgate Part 246 for the control of mercury emissions from coal-fired electric utility steam generating units. The proposed rulemaking will also revise Part 200 to include references to federal monitoring provisions under 40 CFR Part 75.

Part 246 will, in two phases, achieve a 90 percent reduction of mercury from the coal-fired electricity utility steam generating units. Part 246 will set limits for each applicable stationary coal-fired boiler that has ever served a generator with a nameplate capacity of greater than 25 MWe (Megawatt electrical, or megawatt produced as electricity) producing electricity for sale or a stationary coal-fired combustion turbine that has ever served a generator with a nameplate capacity of greater than 25 MWe and supplying in any calendar year more than one-third of the unitís potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.

This proposed rule will be submitted for incorporation into the State Plan for the control of mercury emissions for coal-fired electric utilities. For NYSDEC to satisfy the requirements of the Clean Air Mercury Rule (CAMR) promulgated on May 18, 2005, all States are required to submit to the EPA Administrator their designated mercury allowances and/or their State Plan for each coal-fired electric steam generating unit by November 15, 2006. Regardless if a State is adopting the federal program or creating its own State plan, all States must require applicable sources to limit mercury emissions at or below levels which meet the allocations designated in 40 CFR Part 60.4140. For New York State, these distributions equal 786 pounds per year of allowable mercury emissions in 2010-2017 and 310 pounds per year in 2018 and beyond. The State plan to control mercury from these sources incorporates the federal monitoring and record keeping provisions of CAMR but does not participate in trading of emissions between electric utility units. The proposed rule also shortens the final control period for mercury reductions from 2018 to 2015.

For further information, contact:

David Gardner, P.E. or Steven DeSantis
NYSDEC, Division of Air Resources
625 Broadway, Albany, NY 12233-3251
(518) 402-8403
E-mail 246camr@gw.dec.state.ny.us


Public Notice

Intent to Approve Nissan North America, Inc. Alternative Compliance Plan
for Meeting NYSDEC 6 NYCRR Part 218-4 Zero Emission Vehicle Requirements

Nissan North America, Inc. (Nissan) has submitted a proposed Alternative Compliance Plan (ACP) in accordance with provisions of subpart 218-4.2 for the generation of Zero Emission Vehicle (ZEV) credits for compliance with New York Stateís ZEV mandate. The New York State Department of Environmental Conservation (Department) proposes to approve that plan. The proposed plan includes information claimed by Nissan as business confidential. Therefore, a summary of the proposal is included, as described below.

Summary of Nissan North America, Inc. Alternative Compliance Plan
Nissan introduced Partial Zero Emission Vehicles (PZEVs) into the New York market starting with the 2004 model year. The PZEVs were made available in large numbers by integrating the technology into existing products, the Sentra and Altima. As such, this technology was invisible to the consumer and simply became part of the sales package of existing models. Therefore, no special actions were required at the dealer level. Nissan has indicated that it expects to continue to offer PZEVs for sale, or to include in product plans, in the 2005 through 2008 model years as necessary to meet the obligations of the ACP.

Nissan has projected introduction of Hybrid Electric Vehicle Advanced Technology-Partial Zero Emission Vehicles (HEV AT-PZEVs) in New York during the period covered by the ACP. If current interest and sales of HEVs continues to increase, Nissan expects that minimal special actions will be required to advance sales. However, because the HEV is a unique and obvious drivetrain, Nissan plans to promote the technology in the target markets to assure a positive and favorable launch.

Nissan has committed to offering for sale all advanced technology vehicle models (ZEV, AT-PZEV, and PZEV), excluding Type III ZEVs placed in service pursuant to section 1962(b)(2)(B) of the California Code of Regulations, that are offered for sale in California during the term of the ACP.

Nissan will earn Zero Emission Vehicle credits through the conduct of this ACP. Credits earned will be sufficient to offset requirements for ZEV credits under the ZEV mandate included in subpart 218-4.1. Under this ACP, Nissan has provided projections demonstrating full compliance through the 2008 model year.


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 joint legislative public hearings on the following proposed rules and revisions to the State Implementation Plan (SIP) for Parts 200, 201 and 231, and proposed Part 246 revisions to the State Plan for mercury.

The Department proposes to revise 6 NYCRR Parts 200, 201, and 231. The revisions to Parts 200 and 201 add a definition for Routine Maintenance Repair and Replacement, and modifying the definition for Major Stationary Source, respectively. Part 200 is also being revised to reflect that the Department is no longer delegated responsibility for implementation of the federal Prevention of Significant Deterioration program. The existing nonattainment New Source Review (NNSR) program at Part 231 will be re-titled as New Source Review for New and Modified Facilities and will include new Subparts 231-3 through 231-13. The existing Part 231 regulations (Subparts 231-1 and 231-2) are being retained with only modification of applicability dates. The new subparts will implement NNSR and attainment New Source Review (Prevention of Significant Deterioration [PSD]). The NNSR requirements are based on New York's existing NNSR program 6 NYCRR Subpart 231-2, with revisions to include selected provisions from the December 31, 2002 Federal NSR reform rule. The PSD requirements are also based in large part on the December 31, 2002 Federal NSR reform rule as codified at 40 CFR 52.21.

This revised rule will be submitted for incorporation into the SIP.

6 NYCRR Part 246, Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units, pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311. The promulgation of this rule will limit mercury emissions from coal-fired utility facilities and units in two phases, thereby reducing the environmental loading of mercury in New York and the Northeast. A State Plan has been written to satisfy the requirements contained in the federal Clean Air Mercury Rule (CAMR). This State Plan, which will be submitted to EPA for approval in lieu of adoption of the federal cap-and-trade program, details how the Department's adoption of Part 246 satisfies the requirements of CAMR.

Hearing Locations

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

Date Time Location
Wednesday, October 11, 2006 1:00 P.M. NYSDEC
625 Broadway
Public Assembly Room 129
Albany, NY 12233
Thursday, October 12, 2006 9:00 A.M. NYSDEC Region 8
Conference Room
6274 E. Avon-Lima Rd.
Avon, NY 14414
Friday, October 13, 2006 9:00 A.M. NYSDEC Annex, Region 2
11-15 47th Avenue
Hearing Room 106
Long Island City, NY 11101

The joint legislative public hearings are scheduled in places that are reasonably accessible to persons with impaired mobility. At the joint 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 September 25, 2006, to Laura Becker, NYSDEC, 625 Broadway, Albany NY 12233-3250, 518 402-8451 airregs@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 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 hearing. At the hearing, 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 regulation/State Plan 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, and since a cumulative record will be compiled it is not necessary for interested parties to attend the hearings on both days.

Information concerning Part 246 and the State Plan may be obtained from David Gardner, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: 518 402-8403; email, 246CAMR@gw.dec.state.ny.us. Written statements may be submitted to the Department until 5p.m., October 20, 2006.

For information concerning revisions to Parts 200, 201 and 231 and the SIP may be obtained from Robert Sliwinski, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: 518 402-8403; email, 231nsr@gw.dec.state.ny.us Written statements may be submitted until 5p.m., October 20, 2006.

The proposed regulation, SIP revision, State Plan and associated 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: Samuel Lieblich
REGION 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb
REGION 4, 1150 North Westcott Rd., Schenectady, NY 12306, Attention: Donald Spencer
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


Public Notice

Notice Of Availability Of Revised Program Policy Concerning Procedures For Licensing Onshore Major Oil Storage Facilities

The New York State Department of Environmental Conservation (Department) has prepared a revised program policy in relation to procedures for licensing new and existing onshore Major Oil Storage Facilities (MOSF). This policy provides guidance to Department staff and the regulated community on the MOSF licensing procedures.

Under Article 12 of the New York State Navigation Law, the Department is responsible for licensing facilities with a total combined storage capacity of 400,000 gallons or more of petroleum and for licensing vessels involved in the transfer of petroleum on the waters of the State. Licenses are issued on April 1 for periods of one to five years. The owner/operator must meet the requirements of 6 NYCRR Parts 610, 611, 613 and 614 and 17 NYCRR Part 30.

Written comments regarding the Revised Policy will be accepted for thirty days after the date of publication of this Notice in the Environmental Notice Bulletin. Comments should be submitted to Akwaowo Ebong, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020 or e-mailed to derweb@gw.dec.state.ny.us

The Revised Policy is available by writing or calling Akwaowo Ebong at New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020, (518) 402-9543. In addition, copies of the Revised Policy are available for public inspection in the Departmentís main office at the above address and in each of the Departmentsís nine regional offices. A copy may also be found on the Departmentís web site at www.dec.state.ny.us/website/der/bulkstor/ .


Public Notice

Availability for Comment on a Draft Impaired Waters Restoration Plan/TMDL for Acid Rain Lakes

This notice announces the availability of a DRAFT Impaired Water Restoration Plan/Total Maximum Daily Load (TMDL) proposed by the New York State Department of Environmental Conservation for Acid Rain Lakes in the NYS Adirondack Forest Preserve. Public comment on this documents will be accepted for 30 days, through September 15, 2006.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and USEPA implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed Impaired Water Restoration Plan/TMDL for these acid rain lakes outlines a "phased" TMDL. Phased TMDLs represent an iterative adaptive management approach. Such an approach is appropriate in situations where the complexity of establishing allowable pollutant loadings creates significant uncertainty and the likelihood that TMDL loadings will be revised as additional information is collected.

INFORMATION: Copies of the proposed draft plans can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179, or via email at dmwicker@gw.dec.state.ny.us. Please specify that you are interested in reviewing/commenting on the Acid Rain Lakes TMDL document. Comments on these draft plans can be submitted to the Bureau of Watershed Assessment and Management, ATTN: Jeff Myers, at the above address.