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ENB Statewide Notices 9/8/2021

Public Meeting Notice

Meeting of the New York Invasive Species Council

The next meeting of the New York Invasive Species Council (9 Governmental Agencies) will be held virtually on Tuesday, September 21, 2021 from 10:00 a.m. to 12:00 p.m.

Once finalized, the meeting agenda will be posted to the following web page:
http://www.dec.ny.gov/animals/6989.html

Contact: Josh Thiel, New York State Department of Environmental Conservation (NYS DEC), Invasive Species Coordination Section, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8978.


Public Notice

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

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 propose amendments to 6 NYCRR Part 218 "Emission Standards for Motor Vehicles and Motor Vehicle Engines." NYS DEC proposes to amend Title 6 of the New York Codes, Rules and Regulations (NYCRR) Part 218, "Emissions Standards for Motor Vehicles and Motor Vehicle Engines", and Part 200, "General Provisions". These amendments will further the goals of reducing air pollution from motor vehicles by incorporating the State of California's medium- and heavy-duty zero emission vehicle (ZEV) sales requirement and large entity reporting requirement, also referred to as the "Advanced Clean Trucks" (ACT) regulation. The amendments are also consistent with the requirements of the Climate Leadership and Community Protection Act, Chapter 106 of the Laws of 2019, to further reduce GHG emissions in the State.

The Notice of Proposed Rulemaking is available in the September 8, 2021 issue of the State Register. Written public comments will be accepted by the NYS DEC through 5:00 p.m. November 17, 2021.

Availability of Documents for Review:

Information concerning 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 Jeff Marshall for an appointment at (518) 402-8292 or e-mail at: air.regs@dec.ny.gov

Written Comments:

The public is invited to submit written comments on the proposed rulemaking through 5:00 p.m. November 17, 2021. Written comments can be submitted as follows:

  1. By e-mail to air.regs@dec.ny.gov. Please include "Comments on Proposed Part 218" in the subject line of the email; or
  2. By mail to Jeff Marshall, NYS DEC - Division of Air, 625 Broadway, Albany, NY 12233-3250.

Public Comment Hearing:

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: November 9, 2021
Time: 2:00 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 218 at: https://www.dec.ny.gov/regulations/propregulations.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 218 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 October 19, 2021. The written request must be addressed to ALJ Michele M. Stefanucci, NYS DEC - Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or e-mailed to ALJ Stefanucci at ohms@dec.ny.gov.

Contact: Jeff Marshall, NYS DEC - Division of Air, 625 Broadway, Albany, NY 12233-3250, E-mail: air.regs@dec.ny.gov


Notice of Proposed Rule Making - 6 NYCRR Part 353 Regulations - Public Comment Period, Availability of Documents, and Public Hearing

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is proposing a new 6 NYCRR Part 353. This proposed rule adds a new Part 353, Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction, to set forth the requirements of Title 30 of Article 27 of the Environmental Conservation Law with respect to the prohibition on expanded polystyrene foam containers and loose fill packaging; financial hardship waiver application process; cost comparison analysis for alternative packaging; definition of the terms "comparable cost" and "undue financial hardship;" and hardship waiver approval, renewal, and revocation criteria.

This rule making is referred to as Part 353.

The Notice of Proposed Rule Making is available in the September 8, 2021 issue of the State Register. NYS DEC will accept written public comments through November 22, 2021.

Availability of documents for review:

The proposed Part 353 rulemaking and supporting rulemaking documents are available on NYS DEC's web site at https://www.dec.ny.gov/regulations/123704.html.

These documents may also be inspected at NYS DEC, 625 Broadway, Albany, NY 12233. Please call Rebecca Vaughan for an appointment at (518) 402-8678 or e-mail at: rebecca.vaughan@dec.ny.gov.

Written Comments:

The public is invited to submit written comments on the proposed Part 353 rulemaking through November 22, 2021. Written comments can be submitted by:

  1. Email to foamban@dec.ny.gov. Please include "Comments on Proposed Part 353" in the subject line of the email; or
  2. By mail to the NYS DEC - Attn: Recycling & Outreach Section, Division of Materials Management, 625 Broadway, Albany, NY 12233-7253

Public Comment Hearing:

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

Date: November 15, 2021
Time: 1:00 p.m.
Location: electronically via Webex Events

Instructions on how to "join" the hearing webinar, how to provide an oral statement, and how to register for the hearing may be accessed at the proposed regulations webpage for Part 353 at: https://www.dec.ny.gov/regulations/123704.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 353 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 October 25, 2021. The written request must be addressed to ALJ Olivieri, NYS DEC - Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or e-mailed to ALJ Olivieri at ohms@dec.ny.gov.

Contact: Rebecca Vaughan, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233, E-mail: rebecca.vaughan@dec.ny.gov.


Public Comment Hearing for Proposed Rulemakings - 6 NYCRR Part 613, Petroleum Bulk Storage (PBS) Regulations and 6 NYCRR Parts 597/598, Chemical Bulk Storage (CBS) Regulations

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has extended the public comment period for proposed amendments to 6 NYCRR Part 613 of the Petroleum Bulk Storage (PBS) regulations and 6 NYCRR Parts 596-599 of the Chemical Bulk Storage (CBS) regulations and is holding an additional public comment period for these rulemakings. The proposed PBS and CBS rulemakings are principally aimed at harmonizing existing State requirements with federal requirements (40 CFR Parts 280 and 302). CBS regulations are restructured so they are consistent with Federal 40 CFR Part 280 and the New York State PBS regulations. These revisions do not establish any new requirements or costs concerning the bulk storage of petroleum and chemicals. There is no change to how facilities operate under existing industry practices and applicable federal and State laws and regulations. The revisions may eliminate or reduce costs that are incurred by certain facilities under the existing rules by allowing certain retrofits, practices, and leak detection methods.

The Notice of Public Comment Hearing is available in the September 8, 2021 State Register. Written public comments will be accepted by NYS DEC through 5:00 p.m. December 6, 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 Jenn Dawson for an appointment at (518) 402-8874 or e-mail at: derweb@dec.ny.gov

Written Comments:

The public is invited to submit written comments on the proposed rulemaking through 5:00 p.m. on December 6, 2021. Written comments can be submitted as follows:

  1. By email to derweb@dec.ny.gov. Please include "Comments on Proposed Part 613" or "Comments on Proposed Part 597/598" in the subject line of the email; or
  2. By mail to Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012.

Requests for information on the proposed rulemakings may be directed to Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-8874, E-mail: derweb@dec.ny.gov

Written comments on the proposed rulemaking may be submitted to Jennifer Dawson until 5:00 p.m. on December 6, 2021.

Public Comment Hearing:

A public comment hearing for the proposed rule-makings will be held before Administrative Law Judge (ALJ) Daniel P. O'Connell electronically via the Webex Events platform as follows. The electronic format is reasonably accessible to persons with impaired mobility:

Date: Tuesday, November 30, 2021
Time: 3:00 p.m.
Location: electronically via Webex Events

Instructions on how to "join" the hearing webinar, how to provide an oral statement, and how to register for the hearing may be accessed at the Proposed Regulations webpage for Parts 597 and 598 and Part 613 at: https://www.dec.ny.gov/regulations/propregulations.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 Parts 597 and 598 and Part 613 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 Tuesday, November 16, 2021. The written request must be addressed to ALJ O'Connell, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ O'Connell at ohms@dec.ny.gov.

Contact: Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012; Phone: (518) 402-8874; E-mail: derweb@dec.ny.gov.


Data Solicitation for 2020/2022 Integrated Report

New York State Department of Environmental Conservation (NYS DEC) is seeking water quality data and information from the public or entities for any New York State waterbody.

Water quality data and information received may be used to update waterbody assessments in the state's 305(b) Water Quality Report at: https://www.dec.ny.gov/chemical/66532.html or the Clean Water Act Section 303(d) List of Impaired Waters at: https://www.dec.ny.gov/chemical/31290.html. Waterbody assessments are conducted following the methodology described in the Consolidated Assessment Listing Methodology (PDF) (CALM): https://www.dec.ny.gov/docs/water_pdf/calmmay2021.pdf. (1.06 MB)

Combined Integrated Reporting

The 305(b) and 303(d) reports are submitted to the United States Environmental Protection Agency (US EPA) every two years as an Integrated Report. For the reporting periods of 2020 and 2022, NYS DEC will follow US EPA's recommendation to combine the 2020 and 2022 Integrated Report.

Data Requirements:

To be used for assessments, data must be:

  • Accompanied by a Quality Assurance Project Plan (QAPP) and a Data Usability Analysis Report (DUAR).
  • Demonstrate that Data Quality Indicators (DQI's) have been met: precision, accuracy, bias, representativeness, completeness, comparability, and sensitivity.
  • Analyzed by a New York States Department of Health (NYS DOH) Environmental Laboratory Approval Program (ELAP) list available at: https://www.wadsworth.org/regulatory/elap accredited Lab, and 40 CFR Part 136 analysis methods are used where applicable.
  • Reflective of parameters with a water quality standard or a Supplemental Indicator identified in Tables 7-11 of the CALM

How to Submit Data:

E-mail all applicable data, the QAPP or DUAR, and any other relevant information to: 4pwlinfo@dec.ny.gov

If necessary, a hard copy may be mailed to the contact listed below.

When to Submit Data:

To be considered for the 2020/2022 Integrated Report, data and information must be received by September 27, 2021.

Background:

The process of comparing water quality data with water quality standards and determining if best uses (e.g., fishing or swimming) are supported is known as "assessment."

The water quality data that NYS DEC may consider for assessments can come from a variety of sources, including NYS DEC monitoring programs, other state agencies, federal agencies and non-governmental partners such as watershed organizations, lake associations and academic researchers.

Every two years, states are required by Section 303(d) of the federal Clean Water Act (CWA) to compile a list of waters assessed as "impaired", meaning they do not meet water quality standards, and cannot support their best uses. Total Maximum Daily Load (TMDL) plans, available at: https://www.dec.ny.gov/chemical/23835.html, must be developed for these waterbodies to reduce pollutants and help them meet water quality standards, which are available at: https://www.dec.ny.gov/chemical/23853.html.

More information on data requirements and NYS DEC's process for conducting assessments is described in the CALM.

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


Notice of Acceptance of Draft GEIS and Public Hearing

Statewide - The New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP), as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Adoption and Implementation of the State Historic Preservation Plan. A virtual public hearing on the Draft GEIS will be held on September 28, 2021 at 6:00 p.m. Free registration in advance of the online meeting is required in order to attend. To register, please e-mail: SHPP.plan@parks.ny.gov no later than Friday, September 24, 2021 at 5:00 p.m. Written comments on the Draft GEIS will be accepted until close of business on Friday, October 15, 2021 and may be submitted to: SHPP.plan@parks.ny.gov or mailed to the contact listed below. The Draft GEIS is available from the contact listed below and on line at: https://parks.ny.gov/inside-our-agency/master-plans.aspx.

The action involves the adoption and implementation of the State Historic Preservation Plan (SHPP) (2021-26). The SHPP guides preservation efforts at the local, regional and state levels. It serves as a blueprint for identifying and preserving New York's historic and cultural resources and is periodically updated to address current needs, issues, and opportunities. The Plan details resources that have the potential to support preservation and community development efforts. The Plan aims to further preservation activities by outlining a broad set of goals and objectives combined with specific strategies. Development of a State Historic Preservation Plan is a requirement by the National Park Service for continued receipt of federal Historic Preservation Fund grant monies.

The project is located throughout New York State.

Contact: Daniel McEneny, NYS OPRP - Division for Historic Preservation, Peebles Island State Park, P.O. Box 189, Waterford, NY 12188, Phone: (518) 268-2162, E-mail: SHPP.plan@parks.ny.gov.


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