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ENB Statewide Notices 11/23/2022

Public Notice

Notice of Proposed Rulemaking for 6 NYCRR Part 217, Motor Vehicle Emissions and 6 NYCRR Section 200.9, Referenced Material

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 proposing to amend existing Part 217, entitled: "Motor Vehicle Emissions," and Section 200.9 entitled: "Referenced Material" of Title 6 of the Official Compilation of Codes, Rules and Regulation of the State of New York (6 NYCRR).

The existing Heavy-Duty Diesel Vehicle Inspection/Maintenance Program (HDDV I/M) has existed since 1999 and requires official diesel inspection stations (ODEIS) in the New York Metropolitan Area (NYMA) to annually conduct smoke opacity emission testing for applicable HDDVs registered in NYMA. The proposed rule revision would revise HDDV I/M requirements and be implemented through the next statewide New York Vehicle Inspection Program (NYVIP3). The proposed revisions to Part 217 are necessary to reflect NYVIP3 program requirements, improve the enforcement of HDDV I/M, revise smoke opacity cutpoints, would allow NYS DEC to more effectively audit ODEIS, and will complement the implementation of the statewide NYVIP3 program.

Part 217 will also be submitted to the United State Environmental Protection Agency (US EPA) as a revision to the State Implementation Plan for New York State.

Written comments on the proposed rule may be submitted until 5:00 p.m. on January 30th, 2023. For further information, contact:

James Clyne
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3250
Phone: (518) 402-8292

Requests for information and comments 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: Written statements may be submitted until 5:00 p.m. January 30, 2023.

Hearings for the proposed rule will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: January 24, 2023
Time: 6:00 pm
Location: Via Electronic Webinar

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by January 13, 2023, to ALJ Jennifer Ukeritis, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany NY 12233-3250, E-mail:

Contact: James Clyne, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8292, E-mail:

Draft Amendment No. 1 to the Drinking Water State Revolving Fund (DWSRF) Federal Fiscal Year (FFY) 2023 Intended Use Plan (IUP)

FFY 2023 DWSRF Intended Use Plan Amendment:

IUP Section 7.3: Disadvantaged Community (Hardship) Eligibility Criteria is amended to include the following:

  • Additional subsidy from the Bipartisan Infrastructure Law (BIL), may not be used to forgive debt that was incurred prior to November 15, 2021, the enactment date of the BIL.

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 2023 DWSRF IUP by e-mail until 5:00 p.m. ET on Wednesday December 7, 2022.

Comments should be addressed to:

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

The New York State Department of Environmental Conservation (NYS DEC) has published the Division of Materials Management Program Policy: Guidelines for Annual Reporting of Organohalogen Flame Retardants per ECL § 37-1009 (DMM-6). DMM-6 establishes the process by which manufacturers of electronic displays containing organohalogen flame retardant chemicals in the stands or enclosures should submit annual reports to NYS DEC. A manufacturer of an electronic display that does not contain organohalogen flame retardant chemicals in the enclosure or stand does not need to submit a report for that display. The program policy will be implemented 30 days from the date of this notice.

Comments on the draft program policy were accepted through October 7, 2022. The final policy incorporates revisions based on the comments received, including a revision to the Certification in Appendix C to now include the following language: "based on the best available information," and references the significant penalties for submitting false information under Chapter 40, Part 3, Title K, Article 175 of the Penal Law, § 175.35. In addition, Appendix D provides additional guidance on the range of products subject to reporting.

NYS DEC issued a negative declaration pursuant to the State Environmental Quality Review Act indicating, on June 22, 2022, that NYS DEC determined that this policy will not result in any significant adverse environmental impacts.

The full text of the Program Policy is available on NYS DEC's website at:
Additionally, a copy of the program policy will be made available for public inspection in the Department's central office and in each regional office.

Contact: Brian Tarpinian, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7252, Phone: (518) 402-8612, E-mail:

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