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ENB Statewide Notices 2/10/2021

Public Notice

Notice of Adoption
6 NYCRR Part 200, General Provisions
6 NYCRR Part 201, Permits and Registrations
6 NYCRR Part 212, Process Operations
6 NYCRR Part 621, Uniform Procedures

Pursuant to Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 70-0109, 71-2103, and 71-2105 of the ECL, and Sections 501-507 (Title V) of the Clean Air Act (CAA or Act), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is adopting revisions to its Operating Permitting Program (OPP). The OPP sets forth the regulatory requirements and procedures to allow owners and operators of an air contamination source to apply for and obtain a permit or registration from NYS DEC for the construction and operation of the source in New York. The OPP is authorized under Section 19-0311 of the New York State Environmental Conservation Law (ECL) and implemented by NYS DEC through Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR) Parts 200, General Provisions; 201, Permits and Registrations; and 621, Uniform Procedures (collectively, Part 201). This rulemaking will revise Part 201 to clarify certain requirements, provide consistent implementation of the OPP across the state, streamline the air permitting process, and facilitate the ease of use and timely administration of the OPP. Additionally, this rulemaking will modify 6 NYCRR Section 212-2.2, Table 2 - High Toxicity Air Contaminant (HTAC) list, to make it consistent with Table 1 of Subpart 201-9. Finally, this rulemaking will make several minor changes to 6 NYCRR Part 212 to improve the clarity of its requirements. The scope of the existing Part 201 will not be changed as a result of this rulemaking.

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

Due to the unprecedented nature of COVID-19, Governor Cuomo issued a PAUSE Order directing non-essential meetings/gatherings to be suspended or cancelled. See Executive Order 202 and subsequent additions, including Executive Order 202.15 which specifically addressed the suspension of public hearing requirements. Pursuant to these directives, NYS DEC did not schedule or hold any public hearings for this rulemaking.

Requests for information 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

Request for information related to the proposed revisions to Part 201 and Part 212, may be obtained from: Mark Lanzafame, NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233-3251, Phone: (518) 402-8403, E-mail: air.regs@dec.ny.gov


Notice of Adoption
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:

NYS DEC is repealing and replacing 6 NYCRR Subpart 227-1, "Stationary Combustion Installations" as well as making 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 rulemaking can be found on the NYS DEC's website at https://www.dec.ny.gov/regulations/propregulations.html#public.

Requests for information 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

For further information regarding this regulation, 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


Notice of Adoption
6 NYCRR Part 231, "New Source Review for New and Modified Facilities"

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 is revising 6 NYCRR Parts 231, "New Source Review (NSR) for New and Modified Facilities," and 200, General Provisions (collectively, Part 231), in order to conform to federal NSR rule requirements and related court rulings. On October 12, 2011, NYS DEC submitted a revised State Implementation Plan (SIP) to the United States Environmental Protection Agency (US EPA) that included revisions to Part 231 based on 2008 and 2010 amendments to the federal NSR rule. On June 1, 2016, US EPA indicated in its SIP approval letter that certain portions of Part 231 required revision before they could be included into New York's SIP.

In accordance with US EPA's June 1, 2016 SIP approval letter and related court rulings, NYS DEC is revising Part 231 to conform to changes in the federal NSR rule, including changes to NSR applicability based on emissions of greenhouse gases (GHGs) and certain monitoring and impact assessment requirements for particulate matter or particles with an aerodynamic diameter less than or equal to 2.5 micrometers (PM-2.5). On May 5, 2011, NYS DEC petitioned US EPA Region 2 to designate all of New York State in attainment with the 2006 PM-2.5 National Ambient Air Quality Standards, and US EPA correspondingly approved the petition in a final rulemaking on December 31, 2012. While the entire New York State is currently in attainment for PM-2.5, this proposed rulemaking will update the PM-2.5 nonattainment provisions in Part 231 where needed and keep them in the rule in the event that a portion of New York State becomes classified as nonattainment for PM-2.5 in the future.

NYS DEC is also revising Part 231 to address US EPA's comments relating to the listed Global Warming Potentials, references to dispersion modeling guidance, and the use of oxides of nitrogen offsets for both ozone and PM-2.5. Lastly, this proposed rule will make clarifying changes and fix minor typographical errors. Once the rule is adopted, the revisions will be submitted to US EPA for approval into New York's SIP.

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

For further information, contact: Steve Yarrington, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: air.regs@dec.ny.gov


Final 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:

Draft Amendment No. 1 to the DWSRF IUP issued October 1, 2020 was published in the January 20, 2021 Environmental Notice Bulletin. The comment period for Draft Amendment No.1 closed on February 3, 2021 and the New York State Department of Health (NYS DOH) received no public comments pertaining to the Amendment. Therefore, as of February 3, 2021 the Amendment as shown below was final:

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.

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. 1 of the FFY 2021 IUP.

Contact: 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: bpwsp@health.ny.gov.


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