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Public Notice

New York State
Department Of Environmental Conservation
Environmental Board Meeting

The State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., April 11, 2007 in Room 129 at the Department’s main offices at 625 Broadway, Albany, New York.

The Board will consider the following rulemaking action of the Department of Environmental Conservation:

This meeting is open to the public.

Ruth L. Earl
Executive Secretary
State Environmental Board


Notice of Public Hearing

New York State 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 new 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program, proposed new 6 NYCRR Part 244, CAIR NOx Annual Trading Program, proposed new 6 NYCRR Part 245, CAIR SO2 Trading Program, revisions to 6 NYCRR Part 200, General Provisions (CAIR), revisions to 6 NYCRR Part 200, General Provisions (NAAQS), revisions to 6 NYCRR Part 200, General Provisions (NESHAPS) and proposed revisions to the State Implementation Plan (SIP) related to Parts 243, 244, 245, 200 (CAIR) and Clean Air Act (CAA) section 110(a)(2)(D).

Proposed 6 NYCRR Parts 243, 244 and 245 will establish cap-and-trade programs designed to mitigate interstate transport of oxides of nitrogen (NOx) and sulfur dioxide (SO2) and meet the requirements of the federal Clean Air Interstate Rule (CAIR) program. These programs will help reduce ozone and fine particulate matter (PM2.5) formation and will assist New York and downwind states in attaining the ozone and PM2.5 National Ambient Air Quality Standards (NAAQS). Certain revisions to Table 1 of 6 NYCRR 200.9, Referenced Material, are necessary in order to facilitate the administration of these programs and are included as part of this rulemaking package.

The United States Environmental Protection Agency (EPA) is requiring certain states, including New York, to revise their SIPs under the requirements of CAA section 110(a)(2)(D). Therefore, the Department is proposing to revise the SIP by incorporating proposed Parts 243, 244, 245 and related revisions to 200, and by addressing the additional requirements outlined in CAA section 110(a)(2)(D).

The Department will also hold a legislative public hearing on proposed revisions to 6 NYCRR 200.1(av), Nonattainment Area. Following the promulgation of a new NAAQS, EPA is required to designate areas as being in attainment or nonattainment of the new standard. A new NAAQS for fine particulate matter (PM2.5) has resulted in a new nonattainment designation in New York State. The current “Nonattainment Area” definition, 6 NYCRR 200.1(av), only includes the 1-hour ozone NAAQS and the current particulate matter (PM10) NAAQS. 6 NYCRR 200.1(av) will be renumbered and amended to add the new PM2.5 NAAQS nonattainment designations and their respective geographic boundaries. The amendments are proposed in order to avoid regulatory implementation difficulties that will arise when Department regulations reference outdated and undefined nonattainment areas. The amendments to 6 NYCRR 200.1(av) are proposed as a Consensus Rulemaking.

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. These revisions are being proposed as a Consensus Rulemaking. The proposed amendment to Part 200.9 updates the references to the federal regulations contained in the 2005 edition of the Code of Federal Regulations (CFR). The proposed amendment to Part 200.10 updates the references to the federal regulations to reflect the rules for which New York State has accepted delegation. Page numbers are being updated to reference the 2005 CFR and to add newly promulgated National Emission Standards for Hazardous Air Pollutants (NESHAP) rules. Page numbers are also being updated to include the incorporation by reference of two other EPA emission guidelines for which New York State has accepted delegation to implement and enforce: Other Solid Waste Incinerators and Existing Large Municipal Waste Combustors.

The hearings will be held for the proposed rulemakings and State Implementation Plan revisions at the following locations and times:

Date Time Place
Tuesday, May 15, 2007 2:00 p.m. NYSDEC Region 8
Conference Room
6274 E. Avon-Lima Rd.
Avon, NY 14414
Wednesday, May 16, 2007 2:00 p.m. NYSDEC Annex, Region 2
11-15 47th Avenue
Hearing Room 106
Long Island City, NY 11101
Thursday, May 17, 2007 2:00 p.m. New York State Department of Environmental Conservation
625 Broadway, Room 129
Albany, NY 12233

The public hearings are scheduled in places that are 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 April 30, 2007, 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 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 proposals to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearing and oral statements made at the hearing will be given equal weight.

Requests for information and comments related to Parts 243, 244, and 245 and Table 1 of 6 NYCRR 200.9 (CAIR) may be obtained from Michael F. Miliani, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone (518) 402-8396; email: cair@gw.dec.state.ny.us.

Requests for information and comments related to NAAQS revisions to 6 NYCRR 200.1(av) and the SIP revisions may be obtained from Robert D. Bielawa, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone (518) 402-8396; email: airsips@gw.dec.state.ny.us.

Requests for information and comments related to 6 NYCRR 200.9 and 200.10 related to the CFR and NESHAPS may be obtained from Edward Pellegrini, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone (518) 402-8403; email neshaps@gw.dec.state.ny.us.

Written statements may be submitted until by 5:00 p.m. on May 24, 2007.

The proposed regulations, SIP revisions and supporting information may be obtained from any of the following Department offices:

Region 1, NYSDEC – Region One Headquarters, SUNY @ Stony Brook, 50 Circle Road,
Stony Brook, NY 11790-3409, 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: Ken Grzyb
Region 4, 1150 North Westcott Rd., Schenectady, NY 12306,
Attention: Don Spencer
Region 5, Hudson Street Extension, Box 220, Warrensburg, NY 12885,
Attention: Jim 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

Division of Water, Division of Air, Division of Fish, Wildlife and Marine Resources, NYS DEC

NOTICE: Public comments are invited on the Northeast Regional Mercury Total Maximum Daily Load (TMDL).

DESCRIPTION: The Northeast Regional Mercury TMDL is the Federal Clean Water Act mandated document that identifies pollutant load reductions necessary for regional waterbodies to meet and maintain compliance with state and federal water quality standards. The Northeast states have a number of statewide, regional, and waterbody-specific fish consumption advisories as a result of mercury pollution and the overall objective of the TMDL is to reduce mercury in regional waterbodies to the point that fish consumption advisories will no longer be necessary. The TMDL was prepared by the New England Interstate Water Pollution Control Commission (NEIWPCC) in cooperation with the state environmental agencies of Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont.

The TMDL covers over 10,000 lakes, ponds, and reservoirs and over 46,000 river miles that are impaired primarily due to atmospheric deposition of mercury. A regional fish tissue database and atmospheric deposition modeling performed by the Northeast States for Coordinated Air Use Management were used in setting the TMDL baseline and reduction targets. To meet reduction targets, the TMDL calls for phased adaptive implementation, continuation of the region's ongoing mercury reduction efforts, and significant reductions from out-of-region sources of atmospheric deposition.

Since 1998, the Northeast states have significantly reduced their mercury emissions and discharges. The states have set strict emissions limits for municipal waste combustors and medical waste incinerators, passed legislation to require installation of dental amalgam separators, and passed legislation regarding labeling, sale, and disposal of mercury-containing products. In addition, the New England states have committed to virtual elimination of regional mercury sources through participation in the New England Governors and Eastern Canadian Premiers Mercury Task Force.

PUBLIC COMMENT PERIOD: Written comments will be accepted on the draft TMDL through the close of business May 25, 2007 (4:30 PM). Comments should be submitted in writing to the address below:

Richard Draper, Director
Bureau of Water Assessment and Management
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-3505

Or as an attached Microsoft Word document to the following email address:
redraper@gw.dec.state.ny.us

Informational public meetings will be held from 3 - 5 PM on:
May 2, 2007. The Empire Expo Center, DEC Log Cabin, 581 State Fair Blvd. Syracuse, NY 13209
May 3, 2007. Greenburgh Town Hall, 177 Hillside Ave. Greenburgh (White Plains), NY 10607
May 4, 2007. Cooperative Extension of Saratoga County, Auditorium, 50 West High Street, Ballston Spa, NY 12020

DOCUMENT AVAILABILITY: The TMDL and supporting documents may be downloaded from the New York State Department of Environmental Conservation website at www.dec.state.ny.us. They can also be obtained by calling NEIWPCC at (978) 323-7929.


Notice of Proposed Rulemaking

New York State Department of Environmental Conservation
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, and 19-0311, the New York State Department of Environmental Conservation (NYSDEC) gives notice of the following:

Following the promulgation of a new National Ambient Air Quality Standard (NAAQS), the United States Environmental Protection Agency (EPA) is required to designate areas as being in attainment or nonattainment of the new standard. New NAAQSs for fine particulate matter (PM2.5) have resulted in new nonattainment designations in New York State, and thereby necessitate the amendment of the definition of "nonattainment area" found in 6 NYCRR Part 200 "General Provisions".

The NYSDEC proposes to renumber and revise subdivision (av) of section 200.1 to incorporate the new federal PM2.5 designations and geographic boundaries (70 FR 943-1019) and to clarify that the annual PM10 NAAQS has been revoked by EPA.

For further information, contact:
Robert D. Bielawa, P.E.
NYSDEC, Division of Air Resources
625 Broadway, Albany, NY 12233-3251
(518) 402-8396
E-mail: airsips@gw.dec.state.ny.us


New York State Department of Environmental Conservation
6 NYCRR Part 200.10, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0301 and 19-0305, the New York State Department of Environmental Conservation hereby gives notice of the following:

This proposed rulemaking will update 6 NYCRR 200.10, Table 4 to incorporate by reference each of the new and amended National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations as they were printed in the July 1, 2005 Code of Federal Regulations. 6 NYCRR 200.9 will also be updated to reflect the new references in Part 200.10. Pursuant to Section 112 of the Clean Air Act of 1990, New York State will implement and enforce all requirements under Section 112 for the NESHAPs.

This rulemaking is also updating the incorporation by references to two other EPA regulations which New York State implements and enforces. The new Emission Guidelines for existing Other Solid Waste Incinerators that were published in the Federal Register on December 16, 2005 and the amendments to the Emission Guidelines for Existing Large Municipal Waste Combustors that were published in the Federal Register on May 10, 2006 are being added to Table 2 of 200.10 in order to reflect New York State’s ability to implement and enforce these regulations.

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: neshaps@gw.dec.state.ny.us


New York State Department of Environmental Conservation
6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program
6 NYCRR Part 244, CAIR NOx Annual Trading Program
6 NYCRR Part 245, CAIR SO2 Trading Program
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, and 19-0311 and consistent with the Department’s obligations under Energy Law 3-101 and Energy Law 3-103, the New York State Department of Environmental Conservation (NYSDEC) gives notice of the following:

The proposed New York State Clean Air Interstate Rule (CAIR) rules will establish cap-and-trade programs designed to mitigate interstate transport of NOx and SO2 to help reduce ozone and fine particulate formation in CAIR states located in the eastern U.S. This will assist eastern states in attaining ozone and PM2.5 NAAQS. New York was identified by EPA as a state that must address emissions of NOx and SO2 because it contributes to nonattainment of both the ozone and PM2.5 NAAQS in downwind states.

The proposed rules constitute New York State’s adoption of the 3 emissions cap-and-trade rules from CAIR. Part 243 establishes the CAIR NOx Ozone Season Trading Program; Part 244 establishes the CAIR NOx Annual Trading Program; and Part 245 establishes the CAIR SO2 Trading Program. Certain revisions to Table 1 of Section 200.9 Referenced Material are necessary in order to facilitate the administration of these programs.

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: CAIR@gw.dec.state.ny.us


Public Notice

DEC Announces Fourth Annual Environmental Excellence Awards
Applications Available

Applications are now available for New York State’s Fourth Annual Environmental Excellence Awards. This award program recognizes New York’s environmental and conservation leaders who are solving environmental challenges through innovative and environmentally sustainable practices or creative partnerships. Eligible applicants include: businesses, not-for-profit organizations, government (local, state and federal), educational institutions and individuals. To be considered, a project application must result in an environmental benefit beyond what could have been achieved by using standard techniques or complying with regulatory requirements.

The Department is interested in projects that are contributing to the sustainable use of New York’s natural resources or are developing and delivering education programs that advance sustainability and innovation and positively contribute to a trained workforce. The program will also consider projects that address pollution prevention, manufacturing process improvements, energy efficiency, environmental justice, waste reduction and recycling, stormwater management, watershed planning, natural resource and habitat protection and restoration, land conservation, and other environmental protection and restoration initiatives. Applicants should be able to demonstrate that they are a leader in their field.

Review criteria will include an assessment of: the environmental benefits; the economic benefits; the innovative approach of the project; the advancement of sustainability; how creative partnerships were created or strengthened by the project; the demonstration of leadership and management commitment to the environment; the demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements. In order to be considered for an award, an applicant must be in compliance with New York Environmental Conservation Law, applicable permits and local laws.

IMPORTANT: Applications must be postmarked by Friday June 1, 2007. The awards are scheduled to be presented in the fall of 2007.

The 2007 application brochure is available through the DEC’s website: www.dec.state.ny.us, by looking under the "Subject Index" button and selecting "E" 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 depprmt@gw.dec.state.ny.us.


Notice of Withdrawal of Proposed Rulemaking
New York State Department of Environmental Conservation
6 NYCRR Part 200, General Provisions

On October 25, 2006, the Department of Environmental Conservation proposed to amend 6 NYCRR Part 200, General Provisions by modifying the definition of "Nonattainment Area" at 6 NYCRR 200.1(av). That proposed rule is being withdrawn and will be re-proposed to make modifications resulting from the United States Court of Appeals for the District of Columbia Circuit decision dated December 22, 2006 vacating EPA’s Phase I eight-hour ozone rule.

For further information, contact:
Robert D. Bielawa, P.E.
NYSDEC, Division of Air Resources
625 Broadway, Albany, NY 12233-3251
(518) 402-8396
E-mail airsips@gw.dec.state.ny.us