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ENB - Statewide Notices 9/4/2019

Public Notice

Notice of Proposed Rulemaking
6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines

Pursuant to Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, 71-2105 of the Environmental Conservation Law (ECL) and Section 177 of the federal Clean Air Act (42 USC 7507), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is proposing to amend Part 218 to incorporate revisions to the standards for new California certified aftermarket catalytic converters (AMCCs). The proposed amendments prohibit the sale and installation of federal AMCC in New York State absent a waiver from NYS DEC. The proposed amendments also include provisions pertaining to AMCC installation requirements; AMCC installer recordkeeping requirements; recordkeeping requirements for AMCC manufacturers, distributors, wholesalers, and retailers; and clarification of AMCC manufacturer reporting requirements. Further, the NYS DEC proposes to submit the Part 218 as well as the revisions to Part 200 to the United States Environmental Protection Agency (US EPA) as a revision to the State Implementation Plan (SIP) for New York State.

Documents pertaining to this proposed rulemaking can be found on NYS DEC's website at: http://www.dec.ny.gov/regulations/propregulations.html#public.

Written comments on the proposed rule may be submitted until 5:00 p.m. on November 13, 2019.

For further information, contact:
Jeff Marshall
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3250
Phone: (518) 402-8292
E-mail: air.regs@dec.ny.gov

Requests for information and comments related to the SIP revision may be obtained from: Robert D. Bielawa, NYS DEC - 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. on November 13, 2019.

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: November 8, 2019
Time: 11:00 a.m.
Location: NYSDEC
625 Broadway, Public Assembly Room 129A/B
Albany, NY 12233

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by 5:00 p.m. November 1, 2019, to Richard McAuley, NYS DEC, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8438, E-mail: air.regs@dec.ny.gov


Notice of Proposed Rulemaking
6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Oil as a Fuel
6 NYCRR Part 200, General Provisions

Pursuant to Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 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 Existing 6 NYCRR Part 225-2 Fuel Composition and Use - Waste Fuel (Existing Subpart 225-2) and replace it with Proposed 6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Oils (Proposed Subpart 225-2). Proposed Subpart 225-2 will regulate the burning of waste oils in combustion, incineration, and process sources throughout New York State and establishes applicability criteria, composition limits, and permitting requirements for liquid and semi-liquid waste oils; establishes monitoring, recordkeeping, and reporting requirements for facilities that are determined eligible to burn waste oil; and allows for the burning of waste oils in space heaters at automotive maintenance/service facilities. NYS DEC is adding the definition for "residual oil" to 6 NYCRR Part 200 (Part 200).

Proposed Subpart 225-2 will be included as a component of the State Implementation Plan (SIP) for New York State (NYS), as required by the Clean Air Act.

Documents pertaining to this proposed rulemaking can be found on NYS DEC's website at: http://www.dec.ny.gov/regulations/propregulations.html#public.

Written comments on the proposed rule may be submitted until 5:00 p.m. November 13, 2019.

For further information, contact:
Mike Jennings
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3250
Phone: (518) 402-8403
E-mail: air.regs@dec.ny.gov

Requests for information and comments related to the SIP revision may be obtained from Robert D. Bielawa, NYS DEC - 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. November 13, 2019.

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: November 8, 2019
Time: 11:00 a.m.
Location: NYSDEC
625 Broadway, Public Assembly Room 129A/B
Albany, NY 12233

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by, 5:00 p.m., November 1, 2019 to Richard McAuley, NYS DEC, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8438, E-mail: air.regs@dec.ny.gov.


Notice of Proposed Rulemaking
6 NYCRR Part 200, General Provisions
6 NYCRR Part 227-1 Stationary Combustion Installations

Pursuant to Sections 1-0101, 3-0301, 3-0303, 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:

The New York State Department of Environmental Conservation (NYS DEC) is proposing to repeal and replace 6 NYCRR Subpart 227-1, "Stationary Combustion Installations" as well as attendant provisions under Part 200, "General Provisions" (collectively, Subpart 227-1). NYS DEC is revising Subpart 227-1 to lower PM emission limits for existing and new stationary combustion installations that either predate, or are not subject to, a federal new source performance standard (NSPS) and/or national emissions standard for hazardous air pollutants (NESHAP). These revisions will also correct minor typographical errors and update the regulation to incorporate changes to the air permitting regulations that have occurred over the past twenty years. In addition, NYS DEC is revising Part 200 to incorporate by reference the applicable federal rule provisions. As required by the Clean Air Act (CAA), NYS DEC will incorporate the revisions to Subpart 227-1 and the attendant revisions to Part 200 into New York's State Implementation Plan (SIP) and provide the revised SIP to United States Environmental Protection Agency (US EPA) for review and approval. The SIP is directed at maintaining the PM national ambient air quality standard (NAAQS) and fulfilling NYS DEC's obligations under the regional haze SIP submitted to the US EPA on March 15, 2010.

Documents pertaining to this proposed rulemaking can be found on the NYS DEC's website at: http://www.dec.ny.gov/regulations/propregulations.html#public.

Written comments on the proposed rule may be submitted until 5:00 p.m. November 13, 2019.

For further information, contact:

Mike Jennings
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone (518) 402-8403
E-mail: air.regs@dec.ny.gov


Requests for information and comments related to the SIP revision may be obtained from Robert D. Bielawa, NYS DEC - 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. November 13, 2019.

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: November 8, 2019
Time: 11:00 a.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129A/B
Albany, NY 12233

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by 5:00 p.m. November 1, 2019 to Richard McAuley, NYS DEC, 625 Broadway, Albany NY 12233-3250, (518) 402-8438, air.regs@dec.ny.gov


Notice of Proposed Rulemaking
6 NYCRR Part 200, "General Provisions"
6 NYCRR Part 222, "Distributed Generation Sources"

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 adopted 6 NYCRR Part 222, "Distributed Generation Sources," on November 1, 2016. That rule took effect on December 1, 2016. On March 1, 2017, an Article 78 Petition was filed challenging various aspects of Part 222. On July 26, 2017, a Stipulation and Order was issued whereby NYS DEC agreed to stay the adopted rule and propose a new rule pursuant to the State Administrative Procedure Act to replace the adopted rule. The purpose of this rule making is to promulgate a new Part 222.

Distributed generation (DG) sources are engines used by host sites to supply electricity outside that supplied by distribution utilities. This on-site generation of electricity by DG sources is used by a wide-range of commercial, institutional and industrial facilities. DG applications range from supplying electricity during blackouts to all of a facility's electricity demand year-round.

In the new Part 222, the sources affected by the rule are more narrowly defined than in the adopted rule. The proposed rule will apply only in the New York City metropolitan area as defined at 6 NYCRR Part 200.1(au). DG sources enrolled in demand response programs sponsored by the New York Independent System Operator or transmission utilities as well as sources used during times when the cost of electricity supplied by utilities is high (defined separately in Part 222 as price-responsive generation sources) will be subject to the new rule.

In addition, NYS DEC proposes to submit the new Part 222 as well as the attendant revisions to Part 200 to the United States Environmental Protection Agency (US EPA) as a revision to the State Implementation Plan (SIP) for New York State.

Documents pertaining to this proposed rulemaking can be found on NYS DEC's website at: http://www.dec.ny.gov/regulations/propregulations.html#public.

Written comments on the proposed rule may be submitted until 5:00 p.m. on November 25, 2019.

For further information, contact:
John 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 pm on November 25, 2019.

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: November 12, 2019
Time: 11:00 a.m.
Location: NYSDEC
625 Broadway, Public Assembly Room 129A/B
Albany, NY 12233

Date: November 20, 2019
Time: 2:00 p.m.
Location: 1 Hunter's Point Plaza
47-40 21st Street, Room 834 NYSDOT
Long Island City, NY 11101

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by November 6, 2019, to Richard McAuley, NYS DEC, 625 Broadway, Albany NY 12233-3250, (518) 402-8438, air.regs@dec.ny.gov


Proposed Approval of the Clerane 180 dry cleaning solvent for use in New York State

The New York State Department of Environmental Conservation (NYS DEC) proposes to approve the Clerane 180 solvent for use in alternative solvent dry cleaning machines regulated under 6 NYCRR Part 232, Dry Cleaning Facilities. Unless the NYS DEC receives significant adverse comments by October 4, 2019, the Clerane 180 solvent will be approved for use after publication on the NYS DEC website at: http://www.dec.ny.gov/chemical/72273.html. Safety Data Sheets (SDSs) for alternative dry cleaning solvents that are proposed for approval, or currently approved for use, are posted on this website. Only approved alternative solvents may be used in alternative solvent dry cleaning machines which operate in New York State after September 6, 2018.

Manufacturers requesting approval of an alternative solvent must submit to the NYS DEC the information specified in 6 NYCRR Part 232-3.8 of the Dry Cleaning Facilities regulation. The NYS DEC will then propose to approve the solvent if it meets the approval criteria stated in the regulation. After approval, should the chemical formulation of the solvent be modified, the re-formulated alternative solvent must be resubmitted and approved by the NYS DEC prior to use in New York State. The NYS DEC will issue all proposed determinations of approval within 90 days of receipt of a complete submission.

The following alternative dry cleaning solvents are currently approved for use in New York State:

  • SB-32 Green Earth®: decamethylcyclopentasiloxane (CAS 541-02-6) by General Electric
  • DF-2000: aliphatic refined hydrocarbon (CAS 64742-48-9) by ExxonMobil
  • EcoSolv®: aliphatic refined hydrocarbon (CAS 68551-17-7) by Chevron Philips
  • Rynex 3™: dipropylene glycol tert-butyl ether (CAS 132739-31-2) by Rynex Technologies
  • LPA-142: aliphatic refined hydrocarbon (CAS 64742-47-8) by Sasol
  • Solvair®: dipropylene glycol n-butyl ether (CAS 29911-28-2) by R.R. Streets
  • SolvonK4™: dibutoxymethane (CAS 2568-90-3) by Kreussler
  • GEC-5 Green Earth®: decamethylcyclopentasiloxane (CAS 541-02-6) by Shin-Etsu
  • DC-142: aliphatic refined hydrocarbon (CAS 64742-88-7) by Essential Solvents
  • SenseneTM: aliphatic refined hydrocarbon (CAS 64742-48-9) and modified alcohol mixture by SAFECHEM
  • KtexTM: aliphatic refined hydrocarbon (CAS 64742-48-9), propylene glycol monobutyl ether (CAS 5131-66-8), and orange terpenes (CAS 68647-72-3) mixture by R.R. Streets/BARDAHL
  • Intense®: aliphatic refined hydrocarbon (CAS 68551-19-9) and propylene glycol ether mixture by Seitz

The HC BoostTM solvent was previously proposed for approval in the Environmental Notice Bulletin on August 14, 2019. Unless the NYS DEC receives significant adverse comments by September 13, 2019 this solvent will be approved for use after publication on the NYS DEC website as noted below:

  • HC BoostTM: aliphatic refined hydrocarbon (CAS 64742-48-9) and propylene glycol ether mixture by R.R. Streets

The Clerane 180 solvent is being proposed for approval in this public notice. If approved, it will be listed and published on the NYS DEC website as noted below:

  • Clerane 180: aliphatic refined hydrocarbon (CAS 64742-48-9) by R.R. Streets

Comments on the proposed approval of the Clerane 180 alternative dry cleaning solvent should be emailed to: DAR.Web@dec.ny.gov by October 4, 2019.

Contact: Thomas Gentile, NYS DEC - Division of Air Resources, 625 Broadway, 9th Floor, Albany, NY 12233-3259, Phone: (518) 402-8402.


Data Solicitation for 2020 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile every two years, a list of impaired waters that do not meet water quality standards, where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) List to the United State Environmental Protection Agency (US EPA) by April 1, 2020. To support the development of the Section 303(d) Lists, States are required to assemble and consider existing, readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2020 Section 303(d) List.

Background: Water quality assessment of New York State's waters is a continuous process. Participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged.

Every two years, corresponding to the development of the State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody or basin. This allows for a more comprehensive updating of the List. Solicited data and information may result in changes to the List or may be incorporated into water quality assessments.

In order to be included for consideration in the compiling of the 2020 CWA Section 303(d) List, data and information must be received by September 27, 2019.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet, which may be found at: http://www.dec.ny.gov/chemical/36730.html. This worksheet allows for the capture of water quality information based on available data or on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific, numeric monitoring data.

Worksheet information can also be obtained by contacting: Sarah Rickard, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179. Completed WI/PWL worksheets, supporting water quality monitoring data, corresponding Quality Assurance/Quality Control (QA/QC) documentation, QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via e-mail to: 4pwlinfo@dec.ny.gov

Guidance regarding the use of water quality data and information to conduct assessments and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. Additional information regarding Section 303(d) List development can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html.

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@dec.ny.gov


New York State Implementation Plan Revision for Regional Haze: Second Implementation Period - Comment Period Extension

On August 7, 2019 the New York State Department of Environmental Conservation (NYS DEC) published a Public Notice in the Environmental Notice Bulletin (ENB) indicating that the NYS DEC plans to submit a Regional Haze State Implementation Plan (SIP) revision to the United State Environmental Protection Agency that included a public comment period deadline of September 6, 2019. The full notice may be found at: https://www.dec.ny.gov/enb/20190807_not0.html

This Public Notice hereby extends the public comment period on the proposed Regional Haze SIP revision, or to request a hearing, to October 7, 2019. The public can inspect a copy of the proposed SIP revision by visiting the NYS DEC website at: http://www.dec.ny.gov/chemical/8403.html.

Written comments or requests for a public hearing should be submitted by 5:00 p.m. on October 7, 2019 to: Amanda Chudow, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: dar.sips@dec.ny.gov.

Contact: Amanda Chudow, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: dar.sips@dec.ny.gov.


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