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ENB Statewide Notices 1/27/2021

Public Notice

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

NYS DEC Division of Marine Resources (DMR) is filing a Notice of Adoption to permanently adopt a rule that amends 6 NYCRR Part 40 Marine Fish. The rule implements a commercial tautog tagging program.

This notice will be published in issue 4 of the State Register, dated January 27, 2021.

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: rachel.sysak@dec.ny.gov


Notice of Adoption of 6 NYCRR Part 230, Gasoline Dispensing Sites and Transport Vehicles

Pursuant to Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0304, 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NYS DEC repealed and replaced 6 NYCRR Part 230, Gasoline Dispensing Sites and Transport Vehicles to reduce volatile organic compound (VOC) emissions from gasoline dispensing sites and transport vehicles in New York State. As part of this rulemaking, NYS DEC also revised 6 NYCRR Part 200 to incorporate by reference applicable federal and California Air Resources Board (CARB) test methods; inspection procedures; and gasoline tanker truck marking, reporting and record retention provisions which are required by new Part 230. The emission reductions resulting from this replacement of Part 230 and the revision to Part 200 are necessary to help the state demonstrate attainment of both the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQS). This rulemaking will affect approximately 7,500 gasoline dispensing sites in New York State. In addition, NYS DEC will submit the new Part 230 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.

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: air.regs@dec.ny.gov

For further information on Part 230 or relevant revision to Part 200, contact: Denise Prunier, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8403, E-mail: air.regs@dec.ny.gov


Notice of Adoption of 6 NYCRR Part 235, Consumer Products and 6 NYCRR Part 200, General Provisions

Pursuant to Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 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 has revised 6 NYCRR Part 235, "Consumer Products" (Part 235), to reduce volatile organic compound emissions, improve air quality, and promote regional consistency. The revisions will help the state comply with federal Clean Air Act requirements pertaining to attainment and maintenance of the ozone National Ambient Air Quality Standards and maintain regional product consistency. The revisions include adding new categories and revising others in order to make the New York regulation consistent with the Ozone Transport Commission model rule and regulations adopted by nearby states.

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

For further information, contact: Kenneth A. Newkirk, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov


Notice of Proposed Rulemaking - 6 NYCRR Part 326 Registration and Classification of Pesticides

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Proposed Rulemaking with the New York State Department of State to amend New York State's existing 6 NYCRR Part 326 pesticide registration regulations. The proposed regulation will add chlorpyrifos to the section 326.2(c) list of pesticide active ingredients that are no longer allowed to be distributed, sold, purchased, possessed, or used for any purpose.

The Notice of Proposed Rulemaking is available in the January 27, 2021 issue of the State Register. Written public comments will be accepted by the NYS DEC through April 5, 2021.

Availability of Documents for Review:

Information concerning the review process, the proposed rulemaking, and supporting rulemaking documents can be accessed from NYS DEC's rulemaking web site at: https://www.dec.ny.gov/regulations/propregulations.html#public.
These documents may also be inspected at NYS DEC, 625 Broadway, Albany, NY 12233. Please call Melissa Treers for an appointment at (518) 402-8678 or email her at Melissa.treers@dec.ny.gov.

Written Comments:

The public is invited to submit written comments on the proposed rulemaking through April 5, 2021. Written comments can be submitted as follows:

1) By email to chlorpyrifosregs@dec.ny.gov. Please include "Comments on Proposed Part 326" in the subject line of the email; or

2) By mail to the NYS DEC - Division of Materials Management, Pesticide Enforcement & Compliance Assurance Section, 625 Broadway, Albany, NY 12233-7254.

Public Comment Hearing:

A public comment hearing webinar for the proposed rule will be held before an Administrative Law Judge (ALJ) via electronic webinar as follows. The electronic webinar format is reasonably accessible to persons with impaired mobility:

Date: March 30, 2021
Time: 6:00 p.m.
Location: via electronic webinar

Instructions on how to "join" the hearing webinar, how to provide an oral statement, and how to register for the webinar may be accessed at the proposed regulations webpage for Part 326 at: https://www.dec.ny.gov/chemical/121988.html.

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 326 public comment hearing.

NYS DEC will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge upon written request submitted no later than March 16, 2021. The written request must be addressed to ALJ Sherman, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Sherman at ohms@dec.ny.gov.

Contact: Anthony Lamanno NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7254, E-mail: anthony.lamanno@dec.ny.gov.


Notice of Proposed Rulemaking- 6 NYCRR Part 350 Food Donation and Food Scraps Recycling

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Proposed Rulemaking with the New York State Department of State to add a new 6 NYCRR Part 350. The proposed regulations will implement the requirements outlined in the Food Donation and Food Scraps Recycling Law enacted in 2019. The law takes effect on January 1, 2022 and requires large generators of food scraps to donate excess edible food and recycle all remaining food scraps if they are located within 25 miles of an organics recycler. Food scraps generators may petition NYS DEC for a one-year waiver from these requirements.

The Notice of Proposed Rulemaking is available in the January 27, 2021 issue of the State Register. Written public comments will be accepted by the NYS DEC through April 27, 2021.

Availability of Documents for Review:

Information concerning the review process, the proposed rulemaking, and supporting rulemaking documents can be accessed from NYS DEC's rulemaking web site at: https://www.dec.ny.gov/regulations/propregulations.html#public.

These documents may also be inspected at NYS DEC, 625 Broadway, Albany, NY 12233. Please call Melissa Treers for an appointment at (518) 402-8678 or email her at Melissa.treers@dec.ny.gov.

Written Comments:

The public is invited to submit written comments on the proposed rulemaking through April 27, 2021. Written comments can be submitted as follows:

1.) By email to FoodScrapsLaw@dec.ny.gov. Please include "Comments on Proposed Part 350" in the subject line of the email; or

2.) By mail to ORRS - Part 350, NYS DEC- Division of Materials Management, 625 Broadway, Albany, NY 12233-7253.

Public Comment Hearings:

Public comment hearing webinars for the proposed rule will be held before an Administrative Law Judge (ALJ) via electronic webinar as follows. The electronic webinar format is reasonably accessible to persons with impaired mobility:

Date: April 7, 2021
Time: 1:00 p.m. and 6:00 p.m.
Location: via electronic webinar

Instructions on how to "join" the hearing webinar, how to provide an oral statement, and how to register for the webinar may be accessed at the proposed regulations webpage for Part 350 at: https://www.dec.ny.gov/chemical/114499.html.

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 350 public comment hearing.

NYS DEC will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge upon written request submitted no later than March 16, 2021. The written request must be addressed to Administrative Law Judge (ALJ) Michael Caruso, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Caruso at ohms@dec.ny.gov

Contact: Sally Rowland, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7253, E-mail: Sally.rowland@dec.ny.gov.


Notice of Availability of Final Revised Program Policy DER-23, Citizen Participation Handbook for Remedial Programs

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has revised Program Policy DER-23, which provides guidance to NYS DEC - Division of Environmental Remediation staff and the public on how to fulfill citizen participation requirements according to 6 NYCRR Part 375, Environmental Remediation Programs. This policy is applicable to NYS DEC's remedial programs consisting of the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program); the Brownfield Cleanup Program; and the Environmental Restoration Program. It also identifies who is responsible for planning and conducting citizen participation programs and activities; explains the common objectives of citizen participation programs and how they integrate with the remedial programs; and outlines opportunities and recommended methods for effective citizen participation.

The technical content of this Policy has not been amended. This Policy has been revised to address the following:

  • Deletion of Section 5, which pertained to the Voluntary Cleanup Program, which was terminated as of June 29, 2018.
  • Clarifications related to the DER listserv and DECInfo Locator.
  • Recent procedural changes in the process for developing, reviewing, and distributing fact sheets and notices.
  • Option of holding virtual public meetings when in-person public meetings are not possible.

Pursuant to Environmental Conservation Law §3-0301(2)(z), revised Program Policy DER-23 is effective on Friday, February 26, 2021.

The final revised Program Policy is available on NYS DEC's website at
https://www.dec.ny.gov/regulations/2393.html

If you do not have internet access, please write to: Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012 or call (518) 402-9764.

Contact: Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764.


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