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ENB Statewide Notices 8/19/2020

Public Notice

Notice of Proposed Rulemaking 6 NYCRR Part 496

Pursuant to Section 75-0107 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 the addition of 6 NYCRR Part 496, "Statewide Greenhouse Gas Emission Limits." The proposed rule adopts limits on the emission of greenhouse gases in 2030 and 2050, as a percentage of 1990 emissions, per the requirements of the Climate Leadership and Community Protection Act. It applies to all emission sources in New York State, but the rule does not itself impose compliance obligations.

Written comments on the proposed rule may be submitted until 5:00 p.m. on October 27, 2020. Written comments must be mailed to: Suzanne Hagell, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1550, E-mail: climate.regs@dec.ny.gov. Include "Part 496" in the subject line of the email.

A public comment hearing webinar for the proposed rule will be held before Administrative Law Judge (ALJ) Molly T. McBride via electronic webinar as follows and, accordingly, is reasonably accessible to persons with impaired mobility:

Date: October 20, 2020
Time: 2:00 p.m. and 6:00 p.m.
Location: via electronic webinar

Instructions on how to "join" the hearing webinar and provide an oral statement will be published in NYS DEC's electronic Environmental Notice Bulletin (ENB), and posted on NYS DEC's events calendar and proposed regulations webpage by Wednesday, October 7, 2020. NYS DEC's ENB may be accessed at: https://www.dec.ny.gov/enb/enb.html. NYS DEC's events calendar may be accessed at: https://www.dec.ny.gov/calendar/. The proposed regulations webpage for Part 496 may be accessed at https://www.dec.ny.gov/regulations/propregulations.html.

Persons who wish to receive email instructions on how to join the hearing webinar via Webex may register at: https://www.eventbrite.com/e/nysdec-hearing-webinar-re-regs-part-496-greenhouse-gas-emission-limits-registration-115516961341. Persons who wish to receive the instructions by mail or telephone may call NYS DEC at: (518) 402-9003. Please provide your first and last name, address, and telephone number and reference the Part 496 public comment hearing.
NYS DEC will provide interpreter services for hearing impaired persons at no charge upon written request submitted no later than October 9, 2020. The written request must be addressed to ALJ McBride, NYS DEC - Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550, E-mail: ohms@dec.ny.gov.

Contact: Suzanne Hagell, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1550, E-mail: climate.regs@dec.ny.gov.


Pursuant to Environmental Conservation Law sections 11-0303, 11-1521, 13-0105, 13-0339, and 13-0347 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC has filed a Notice of Adoption with the New York Department of State to amend 6 NYCRR Part 10, Sportfishing Regulations, and Part 40, Marine Fish, to change the legal size limits for striped bass. This is the final adoption of a rule that has been in effect as an emergency rule since March 31, 2020.

There are no mandates for local governments, and there are no costs to NYS DEC, local municipalities, or the regulated public.

This notice will be published in issue 33 of the State Register on August 19, 2020.

For further information, please contact:

Carol Hoffman
NYS DEC - Division of marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0476
E-mail: FW.Marine@dec.ny.gov
Subject: Striped Bass


Pursuant to the Environmental Conservation Law sections 13-0105 and 13-0340, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC - Division of Marine Resources has filed a Notice of Emergency Adoption with the New York Department of State to amend 6 NYCRR Part 40, Marine Fish. This is the first readoption of an emergency rule that first took effect on May 8, 2020. The emergency rule changed the recreational possession limits for bluefish.

There are no mandates for local governments, and there are no costs to NYS DEC, local municipalities, or the regulated public.

This notice will be published in issue 33 of the State Register, dated August 19,2020.

For further information, please contact:

Rachel Sysak
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0469
E-mail: FW.Marine@dec.ny.gov
Subject: Bluefish


Notice of Proposed Rule Making (Consensus) to Repeal 6 NYCRR § 485.1

New York State Department of Environmental Conservation (NYS DEC) has filed a Notice of Proposed Rule Making to repeal 6 NYCRR § 485.1 - "Who must pay and how much." The State Pollutant Discharge Elimination (SPDES) program fees are articulated both in ECL § 72-0602 and 6 NYCRR § 485.1. In the last 17 years, the Legislature has amended ECL § 72-0602 four times - in 2003, 2004, 2009, and 2015. However, the last time NYS DEC updated 6 NYCRR § 485.1 was in 1991 after ECL § 72-0602 was amended in the 1989-1990 state budget.

This proposed rule making to repeal § 485.1 will remove inaccurate and redundant information in regulation to eliminate confusion for the regulated community.

This proposed rule making only removes the SPDES program fees from the regulations, the fees are still required pursuant to the ECL. As such, operators are required to comply with the statute and any future fee changes passed by the Legislature.

This notice was published in issue 33 of the State Register on August 19, 2020. Written comments on the proposed rule making will be accepted until October 19, 2020 at 5:00 p.m. Please submit comments to Michelle Tompkins at the address below.

For further information, please contact:

Michelle Tompkins
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY 12233-3500
Phone: (518) 402-8221
E-mail: Water.Regs@dec.ny.gov


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