ENB Statewide Notices 11/16/2022
Public Notice
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 (re-issue)
Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is re-issuing notification 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. An additional public hearing will be held on January 18, 2023 and any comments received with be added to the Response to Public Comments the is currently being drafted from comments received during the 6/4/21 to 12/6/21 comment period. The text of all documents in this re-issue is identical to that which was issued on 6/4/21. The proposed regulation is being re-noticed to comply with regulatory time-lines.
The proposed PBS and CBS rulemakings are principally aimed at harmonizing existing New York 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 November 16, 2022 State Register. Written public comments will be accepted by NYS DEC through 5:00 p.m. on January 24, 2023. The proposed regulations are being re-noticed to comply with regulatory time-lines. Comments received during the 6/4/21 - 12/6/21 comment period have been recorded and will be included in the response to comments to be issued in early 2023.
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.
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 January 24, 2023. The proposed regulation is being re-noticed to comply with regulatory time-lines. Comments received during the 6/4/21 - 12/6/21 comment period have been recorded and will be included in the response to comments to be issued in early 2023.
Written comments can be submitted as follows:
- 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
- By mail to the NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, attention: Jenn Dawson
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.
Public Comment Hearing:
A public comment hearing for the proposed rule-makings 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: January 18, 2023
Time: 3:00 p.m.
Location: electronically via Webex Events
Instructions on how to "join" the hearing, 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.
Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request. Requests must be submitted no later than January 8, 2023, and directed to the NYS DEC - Office of Communication Services, either by mail, NYS DEC - Office of Communication Services, 625 Broadway, 4th Floor, Albany, NY 12233-4500), or by e-mail: language@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
New York State Stormwater Management Design Manual 2022 Draft
Comment period extended for 30 days. The comment period now ends close of business on December 18, 2022.
The New York State Department of Environmental Conservation (NYS DEC) is making the final draft of the New York State Stormwater Management Design Manual (Design Manual) available for public review and comment.
The 2022 draft Design Manual includes new Stormwater Management Practices (SMPs), clarifies calculations for designing SMPs, provides enhanced guidance for implementing several SMPs, updates precipitation data criteria, improves document organization, provides enhanced guidance for addressing pollutants of concern, adds green infrastructure SMPs for poor site conditions, and provides guidance on addressing climate change.
This project is an Unlisted Action under the State Environmental Quality Review Act. A Negative Declaration is on file for the New York State Stormwater Management Design Manual. A coordinated review was not performed in accordance with 6NYCRR Part 617.6(b)(4).
A copy of the draft Design Manual is available on the NYS DEC website at: https://www.dec.ny.gov/chemical/29072.html.
Written comments on the draft Design Manual will be accepted by fax or mail until December 18, 2022. The comments shall be submitted to the contact listed below. Comments can also be submitted electronically to: Stormwater_info@dec.ny.gov If submitting comments by e-mail, please include "Comments on the 2022 Draft Design Manual" in the subject line.
Contact: Emanuel Olff, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233, Phone: (518) 402-8111, E-mail: Stormwater_info@dec.ny.gov
Notice of Plant Cultivars Exempt from 6 NYCRR Part 575 Regulations
A regulation, 6 NYCRR Part 575 Prohibited and Regulated Invasive Species, was adopted in July 2014 that prohibits or regulates the possession, transport, importation, sale, purchase and introduction of certain invasive species. The purpose of this regulation is to help control invasive species by reducing their introduction and spread.
This regulation became effective March 10, 2015. Section 575.8 of the regulation provides an exemption for cultivars of prohibited or regulated species for which the Department of Environmental Conservation determines that: 1) the primary means of reproduction of the cultivar's parent species is sexual, not vegetative, and 2) that the cultivar and its offspring do not revert to express the invasive characteristics of the parent.
The Department has assessed several cultivars of prohibited and regulated species, using a standard scientifically rigorous assessment protocol, and has determined that the cultivars listed below meet the exemption qualifications of 575.8 (a)(4). Individual cultivar assessments are available upon request. Therefore, a person may legally possess, sell, import, purchase, transport, or introduce the following plant cultivars and no labeling requirements apply:
| Common Name | Scientific Name | Cultivar Name | Trademark Name | Accession Number | Patent | Status |
|---|---|---|---|---|---|---|
| Japanese Barberry | Berberis thunbergii | 'Aurea' | Conditionally Exempt | |||
| Japanese Barberry | Berberis thunbergii | 'UCONNBTCP4N' | Crimson Cutie | PP30,095 P3 | Conditionally Exempt | |
| Japanese Barberry | Berberis thunbergii | 'UCONNBTB113' | Lemon Cutie | PP30,094 P3 | Conditionally Exempt | |
| Japanese Barberry | Berberis thunbergii | 'UCONNBTB048' | Lemon Glow | PP30,127 P3 | Conditionally Exempt | |
| Japanese Barberry | Berberis thunbergii | 'UCONNBTB039' | Mr. Green Genes | PP30,128 P3 | Conditionally Exempt |
Regulated Species:
| Common Name | Scientific Name | Cultivar Name | Trademark Name | Accession Number | Patent | Status |
|---|---|---|---|---|---|---|
| Chinese Silvergrass | Miscanthus sinensis | 'NCMS1' | My Fair Maiden | H2008-091-004 | PP26,387 | Conditionally Exempt |
| Chinese Silvergrass | Miscanthus sinensis | 'Tift M77' | Scout | PP30,402 | Conditionally Exempt | |
| Winter Creeper | Euonymus fortunei | 'Kewensis' | Conditionally Exempt | |||
| Winter Creeper | Euonymus fortunei | 'Vanilla Frosting' | Conditionally Exempt |
Conditionally Exempt - Cultivars exempt from Part 575 Prohibited and Regulated requirements, subject to periodic re-evaluation.
Questions should be directed to NYS DEC, Lands and Forests, Invasive Species Coordination Unit, Dave Adams at (518) 402-9425, or isinfo@dec.ny.gov
Contact: Dave Adams, NYS DEC - Division of Lands and Forests, Invasive Species Coordination Section, 625 Broadway, Albany, NY 12233-4253, Phone: (518) 402-9425, E-mail: isinfo@dec.ny.gov
