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ENB Statewide Notices 1/20/2021

Public Notice

Notice of Adoption 6 NYCRR Subpart 225-1, Fuel Composition and Use - Sulfur Limitations

Pursuant to Sections: 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0325, 19-0907, 71-2103, and 71-2105 of the Environmental Conservation Law, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC revised 6 NYCRR Subpart 225-1, "Fuel Composition and Use - Sulfur Limitations". Subpart 225-1 imposes limits on the sulfur content of distillate oil, residual oil, and coal fired in stationary sources. NYS DEC is adopting these changes as a result of both, the five-year review and to meet its obligations to reduce air pollution. The revisions to Subpart 225-1 will be a component of the State Implementation Plan (SIP) for New York State (NYS) directed at attainment of the particulate matter less than or equal to 2.5 microns in diameter national ambient air quality standard (NAAQS), the sulfur dioxide NAAQS, and the NYS DEC's obligations under the regional haze SIP submitted to the United States Environmental Protection Agency (US EPA) on March 15, 2010, as required by the Clean Air Act. This is not a mandate on local governments. It applies to any entity that owns or operates an applicable stationary source. This proposal does not regulate transportation fuel. The revisions to Subpart 225-1 entail the inclusion of process sources and incinerators as stationary emission sources to which these revisions apply in NYS. These revisions also include the lowering of the sulfur-in-fuel limit for waste oil, and the correction of minor typographical errors.

Requests for information related to the SIP 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:

For further information on Subpart 225-1, contact:

Mike Jennings
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3250
Phone: (518) 402-8403

Notice of Proposed Rule Making - Amendments to 6 NYCRR § 703.4 - Application of Site-Specific Criteria to Class I & Class SD Waters

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Proposed Rule Making with the New York State Department of State on January 5, 2021 to amend 6 NYCRR § 703.4, titled "Application of Site-Specific Criteria to Class I & Class SD Waters." The proposed rule making amends 6 NYCRR § 703.4 to add site-specific criteria to select Class I and Class SD waterbodies. The new criteria use enterococcus as a fecal indicator bacteria and memorialize attainment goals for the City of New York's combined sewer overflow (CSO) abatement efforts.

Public Hearing Time and Location

A public comment hearing webinar for the proposed rule will be held on March 23, 2021 at 2:00 p.m. before Administrative Law Judge (ALJ) Molly T. McBride via electronic webinar as follows and, accordingly, are reasonably accessible to persons with impaired mobility.

Instructions on how to "join" the hearing webinar and provide an oral statement will be posted on NYS DEC's events calendar and proposed regulations webpage by Wednesday, January 20, 2021. NYS DEC's events calendar may be accessed at: The proposed regulations webpage for 6 NYCRR § 703.4 may be accessed at:

Public Comment on the Proposed Rule Making

The public comment period commences on January 20, 2021. Written statements may be submitted to: Michelle Tompkins, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3500, E-mail: Written statements must be submitted to the NYS DEC by 5:00 p.m. on March 29, 2021.

Environmental and Regulatory Impact Review
NYS DEC has determined that the proposed rule making will not have a significant adverse environmental impact. NYSDEC has prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for small businesses and local governments, a Rural Area Flexibility Analysis and a Job Impact Statement, in accordance with the State Administrative Procedure Act.

Available Documents

Copies of the documents for the proposed rule making described above, along with the Express Terms (text of proposed rule), are available on the NYSDEC website at: or by contacting the NYSDEC (see below).


NYS DEC is conducting the rule making proceedings, including the above-mentioned public hearing, pursuant to § 3-0301(2)(a) and § 17-0301(5)(c) of the New York State Environmental Conservation Law.

Contact: Michelle Tompkins, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3500, E-mail:

Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment No. 1 to the Drinking Water State Revolving Fund (DWSRF) Federal Fiscal Year (FFY) 2021 Intended Use Plan

FFY 2021 DWSRF Intended Use Plan Amendment:

DWSRF No. 17537: Town of Colchester, Delaware County - The project cost as listed in the DWSRF Intended Use Plan (IUP) is increased by $150,000 in order to add service meter upgrades to the project scope.

Public Review and Comment on Draft Amendment No. 1

The New York State Department of Health (NYS DOH) will accept comments on Amendment No. 1 to the FFY 2021 DWSRF IUP by email until 5:00 p.m. ET on Wednesday February 3, 2020.

Comments should be addressed to:

David Phillips
NYS DOH - Bureau of Water Supply Protection
Corning Tower, Room 1135
Empire State Plaza, Albany, NY 12237
Phone: (518) 402-7702
E-mail to: (please reference "IUP Amendment Comment" in the subject line)

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