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ENB - Statewide Notices 5/16/2018

Public Notice

Notice of Proposed Rulemaking

6 NYCRR Part 200, General Provisions
6 NYCRR Part 243, CSAPR NOx Ozone Season Group 2 Trading Program
6 NYCRR Part 244, CSAPR NOx Annual Trading Program
6 NYCRR Part 245, CSAPR Group 1 Trading Program

Pursuant to Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 71-2103, and 71-2105 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC proposes to repeal 6 NYCRR Part 243, Transport Rule NOx Ozone Season Trading Program, 6 NYCRR Part 244, Transport Rule NOx Annual Trading Program, and 6 NYCRR Part 245, Transport Rule SO2 Trading Program, and replace the rules with 6 NYCRR Part 243, CSAPR NOx Ozone Season Group 2 Trading Program, 6 NYCRR Part 244, CSAPR NOx Annual Trading Program, and 6 NYCRR Part 245, CSAPR SO2 Group 1 Trading Program. NYS DEC is proposing the new rules in order to allocate emission allowances under the United States Environmental Protection Agency's (US EPA) Cross-State Air Pollution Rule (CSAPR) to regulated entities in New York as well as to the New York State Energy Research and Development Authority (NYSERDA). In addition, NYS DEC proposes to make the attendant changes to Part 200, General Provisions. Further, NYS DEC proposes to submit the new Parts 243, 244 and 245 as well as the revisions to Part 200 to US EPA as a revision to the State Implementation Plan (SIP) for New York State.

Written comments on the proposed rule may be submitted until 5:00 p.m. on July 29, 2018. For further information, contact: Marie Barnes, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov.

Requests for information and comments related to the SIP revision may be obtained from Robert D. Bielawa, NYSDEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov. Written statements may be submitted until 5:00 p.m. July 29, 2018.

Hearings for the proposed rule and attendant revisions to existing rules described above will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: 7/16/2018
Time: 11:00 a.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129A/B
Albany, NY 12233

Date: 7/18/2018
Time: 11:00 a.m.
Location: NYS DEC - Region 2 Office
1 Hunter's Point Plaza
47-40 21st Street, Room 834 NYSDOT
Long Island City, NY 11101

Date: 7/24/2018
Time: 11:00 a.m.
Location: NYS DEC - Region 8 Office
6274 Avon-Lima Road (Rtes. 5 and 20), Conference Room
Avon, NY 14414-9516

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by July 9, 2018 to Richard McAuley, NYSDEC, 625 Broadway, Albany NY 12233-3250, (518) 402-8438, air.regs@dec.ny.gov.

Contact: Marie Barnes, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov.


Notice of Proposed Rulemaking

6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities
6 NYCRR Part 200, General Provisions

Pursuant to Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is proposing to revise 6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities and 6 NYCRR Part 200, General Provisions. The proposed revisions will establish carbon dioxide (CO2) emissions standards for non-modified existing major electric generating facilities, while leaving unchanged the existing CO2 emission standards for new and modified major electric generating facilities. The proposed revisions to Part 200 will updated incorporated references to federal rules.

Written comments on the proposed rule may be submitted until 5:00 p.m. on July 29, 2018. For further information, contact: Laura Stevens, NYSDEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone (518) 402-8396, E-mail: air.regs@dec.ny.gov.

Hearings for the proposed rule and attendant revisions to existing rules described above will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: 7/16/2018
Time: 11:00 a.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129A/B
Albany, NY 12233

Date: 7/18/2018
Time: 11:00 a.m.
Location: NYS DEC - Region 2 Office
1 Hunter's Point Plaza
47-40 21st Street, Room 834 NYSDOT
Long Island City, NY 11101

Date: 7/24/2018
Time: 11:00 a.m.
Location: NYS DEC - Region 8 Office
6274 Avon-Lima Road (Rtes. 5 and 20), Conference Room, Avon, NY 14414-9516

The Department will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by July 9, 2018, to Richard McAuley, NYSDEC, 625 Broadway, Albany NY 12233-3250, (518) 402-8438, air.regs@dec.ny.gov.

Contact: Laura Stevens, NYSDEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone (518) 402-8396, E-mail: air.regs@dec.ny.gov.


Request for Applications for Water Quality Grant Programs

Applications are being accepted for the Water Quality Improvement Project (WQIP) grant program at: http://www.dec.ny.gov/pubs/4774.html and Engineering Planning Grant (EPG) program at: http://www.dec.ny.gov/pubs/81196.html until July 27, 2018 at 4:00 p.m. Applications must be submitted through the Regional Economic Development Council Consolidated Funding Application (CFA) at: https://apps.cio.ny.gov/apps/cfa/. Pre-application workshops will be held around the state this summer to explain the CFA process and to describe individual grant programs. See the CFA Process Guide at: http://regionalcouncils.ny.gov/cfa/process-guide for more information, including a schedule of workshops.

The WQIP program has $79 million available for wastewater treatment, non-agricultural nonpoint source, land acquisition, salt storage, aquatic habitat restoration, and Municipal Separate Storm Sewer System projects. The EPG program has up to $3 million available for the initial planning of eligible Clean Water State Revolving Fund water quality projects. Refer to the WQIP and EPG webpages above for details about each program, including eligible projects, eligible applicants, match requirements, and Grants Gateway registration and pre-qualification requirements.

Questions about WQIP should be emailed to user.water@dec.ny.gov; questions about EPG should be emailed to cfawater@dec.ny.gov. All questions must be submitted by July 13, 2018.

Contact: Leila Mitchell, New York State Department of Environmental Conservation - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179.


Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use PlanDraft Amendment No. 2 to the Drinking Water State Revolving Fund (DWSRF) Federal Fiscal Year (FFY) 2018 Intended Use Plan

FFY 2018 DWSRF Intended Use Plan Amendment:

DWSRF#18096 Town of Orleans, Jefferson County - The scope of the project is being changed to remove the Storage Tank Work and the Interconnection Fee from this DWSRF project number. This is being done to assist the community by facilitating the pre-financing of non-DWSRF grants for the project. This amendment also adds a new project (DWSRF#18537) to the Annual List for the Storage Tank Work and the Interconnection Fee for a listed cost of $1,963,980 and a public health priority ranking equivalent to DWSRF#18096.

DWSRF#18280 Village of Kiryas Joel, Orange County - The project cost as listed in the DWSRF Intended Use Plan (IUP) is increased by $650,000. This increase is necessitated by actual bids that were received for the project and it will allow for the project financing to be converted from the short-term financing to a long-term financing for the actual project costs.

The New York State Department of Health (NYS DOH) has determined that the amendment is necessary, reasonable, and in the interest of protecting public health. The amendment will not adversely affect any project on the IUP Project Annual List above the subsidized funding line. Except as noted above, there are no other changes to the IUP as a result of this Amendment No. 2 of the FFY 2018 IUP.

Public Review and Comment on Draft Amendment No. 2

The New York State Department of Health will accept comments on Amendment No. 2 to the FFY 2018 DWSRF IUP by mail, fax or email until 5:00 PM EST on Wednesday May 30, 2018.

Comments should be addressed to:

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Corning Tower Room 1135
Empire State Plaza
Albany, NY 12237
Fax: 518-402-7599
E-mail: bpwsp@health.ny.gov (If sent by email please reference "IUP Amendment Comment" in the subject line)


Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0329 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

On April 26, 2018 NYS DEC filed a Notice of Emergency Adoption and Proposed Rule Making with the New York State Department of State to amend 6 NYCRR Part 44, Lobsters and Crabs, regulations pertaining to the management of the State lobster fishery. This rule will repeal an existing regulation that prevents lobster permit holders who have lobster trap allocations in both Lobster Management Area (LMA) 4 (south shore of Long Island) and LMA 6 (Long Island Sound and East End) from fishing when either area is closed. The closures in LMAs 4 and 6 total four months each year, causing a loss of income and a significant economic hardship on local lobster harvesters.

This emergency rule will repeal 6 NYCRR paragraph 44.1(h)(3) which prevented lobster permit holders from fishing when either LMA 4 or LMA 6 was closed. This rule was adopted as an emergency rule so that it was in effect by April 30, 2018, the start of the LMA 4 closed season, and to allow New York State lobster permit holders (dual area permit holders) to fish in LMA 6 during LMA 4 closed season.

This notice will be published in issue 20 of the State Register on May 16, 2018. There will be a 60 day public comment period starting May 17, 2018.

For further information please contact:

Kim McKown
NYS Department of Environmental Conservation
205 N. Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Telephone: (631) 444-0454
E-mail: FW.Marine@dec.ny.gov


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