ENB - Statewide Notices - NYS Dept. of Environmental Conservation

NEI'TIYORKSTATE

DEPARTMENT OF

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ENVI RON M ENTAL CO N5 ERUATION

ENB - Statewide Notices

Public Notice

Notice of Proposed Rulemaking

New York State Department of Environmental Gonservation

6 NYCRR Part23l New Source Review for New and Modified Facilities

6 NYCRR Part 200, Generat Provisions

6 NYCRR Part201, Permits and Registrations

Pursuant to Environmental Conservation Law, Sections 3-0301 , 19-0301 , and 19-0303, the

New York State Department of Environmental Conservation hereby gives notice of the

following:

The NYS Department of Environmental Conservation proposes to revise 6 NYCRR Parts 200,

201, and 231 and include these revisions in the State lmplementation Plan (SlP). The revisions

to Parts 200 and 201 add a definition for Routine Maintenance Repair and Replacement, and

modify the definition for Major Stationary Source, respectively. Part 200 is also being revised to

reflecthat the Department is no longer delegated responsibility for implementation of the

federal Prevention of Significant Deterioration program. The Department is undertaking this

rulemaking to comply with the 2002 Federal New Source Review (NSR) Rule EPA

promulgated and correct deficiencies that EPA identified in regards to New York's existing

Nonattainment New Source Review (NNSR) regulation. The 2002 Federal NSR Rule modified

both the NNSR and Prevention of Significant Deterioration (PSD) regulations at 40 CFR

51.165 and 52.21, respectively, and requires states with SIP approved NSR programs to

revise their regulations in accordance with the 2002 Federal NSR Rule and submithe

revisions to EPA for approval into the SlP. The Department's existing NNSR program at Part

231 is subjecto this requirement. Another purpose of the rulemaking is to adopt a State PSD

program for proposed new major facilities and major modifications toexisting facilities located

in attainment areas. The proposed Part 231 rule incorporates some provisions from the

Federal NSR regulations with additional provisions to ensure enforceability ofthe rule and

effective monitoring, recordkeeping and reporting.

For further information, contact:

Robert J. Stanton, P.E.

NYSDEC, Division of Air Resources

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ENB - Statewide Notices - NYS Dept. of Environmental Conservation

625 Broadway, Albany, NY 12233-3251

Phone: (518) 402-8403

E-mail: 231 NSR@gw.dec.state.ny.us

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STATE OF NEW YORK

DEPARTM ENT OF ENVIRONMENTAL CONSERVATION

HEARING NOTICE

Notice is hereby given that the New York State Department of Environmental Conservation

(Department), will hold legislative public hearings on the proposed revisions to 6 NYCRR Parts

2OO,2O1 and 231 and the associated revisions to the State lmplementation Plan (SlP). The

proposed rule revisions when finalized will be included in the State lmplementation Plan (SlP).

The revisions to Parts 200 and 201 add a definition for Routine Maintenance Repair and

Replacement, and modify the definition for Major Stationary Source, respectively. Part 200 is

also being revised to reflecthat the Department is no longer delegated responsibility for

implementation of the federal Prevention of Significant Deterioration program. The Department

is undertaking this rulemaking to comply with the 2002 Federal New Source Review (NSR)

Rule EPA promulgated and correct deficiencies that EPA identified in regards to New York's

existing Nonattainment New Source Review (NNSR) regulation. The 2002 Federal NSR Rule

modified both the NNSR and Prevention of Significant Deterioration (PSD) regulations at 40

CFR 51.165 and 52.21, respectively, and requirestates with SIP approved NSR programs to

revise their regulations in accordance with the 2002 Federal NSR Rule and submithe

revisions to EPA for approval into the SlP. The Department's existing NNSR program at Part

231 is subjecto this requirement. Another purpose of the rulemaking is to adopt a State PSD

program for proposed new major facilities and major modifications toexisting facilities located

in attainment areas. The proposed Part 231 rule incorporates some provisions from the

Federal NSR regulations with additional provisions to ensure enforceability ofthe rule and

effective monitoring, recordkeeping and reporting.

The revised rules will be submitted for incorporation ito the SlP.

Hearing Locations

The hearings will be held at the following locations and times:

Date: Tuesday, November 13,2007

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Time: 2:00 P.M.

Location: NYSDEC Region 8, Conference Room ,6274 E. Avon-Lima Rd., Avon, NY 14413

Date: Thursday, November 15,2007

Time: 2:00 P.M.

Location: NYSDEC, Public Assembly Room 129,625 Broadway, Albany, NY 12233

Date: Friday, November 16,2007

Time: 2:00 P.M.

Location: NYSDEC Annex, Region 2,11-15 47th Avenue, Hearing Room 106, Long lsland

City, NY 11101

The legislative public hearings are scheduled in places that are reasonably accessible to

persons with impaired mobility. At the hearings, the Department will provide interpreter

services for deaf persons at no charge. Written requests for such services are required and

should be submitted by October 29,2007, to Laura Stevens, NYSDEC, 625 Broadway, Albany

NY 1 2233 -3250, 51 8 402-845 1 ai rregs@gw.dec. state. ny. us.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality

Review Act, the Department has prepared a Negative Declaration stating that the proposed

actions will not have a significant effect on the environment.

The Department invites all persons, organizations, corporations, and government agencies

that may be affected by the proposed revisions to attend the hearing. At the hearing, persons

who wish to make a statement will be invited to speak. There will be one hearing record for the

entire proceeding which will include any comments received on any of the proposed actions

addressed in this Notice. Persons wishing to speak on a particular topic will be invited to speak

in the order deemed most appropriate by the Administrative Law Judge, not necessarily in the

order of the regulations listed above. The Department may take different actions on each of the

items listed above based upon comments. ltis requested that oral statements also be

submitted in writing. The Department will give equal weighto written and oral statements, and

since a cumulative record will be compiled it is not necessary for interested parties to attend

the hearings on all days.

For information concerning revisions to Parts 200,201 and 231 and the SIP may be obtained

from Robert Stanton, NYSDEC Division of Air Resources,625 Broadway, Albany, NY 12233-

3254, telephone: 518 402-8403; email, 231NsR@gw.dec.state.ny.us Written statements may

be submitted until Sp.m., Monday, November 26,2007.

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The proposed rule and SIP revisions and associated supporting information may be obtained

from any of the following Department offices:

REGION 1, Building #40, State University of New York, Stony Brook, NY 11790, Attention:

Ajay Shah

REGION 2, Hunters Point Plaza,47-40 21st Street, Long lsland City, NY 11101, Attention:

Samuel Lieblich

REGf ON 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb

REGION 4,1150 North Westcott Rd., Schenectady, NY 12306, Attention: Donald Spencer

REGION 5, Hudson Street Extension, Box 22O,Warrensburg, NY 12885, Attention: James

Coutant

REGION 6, Watertown State Office Bldg.,317 Washington St., Watertown, NY 13601,

Attention: Thomas Morgan

REG| ON 7,615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker

REGION 8,6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott

REGION 9,270 Michigan Ave., Buffalo, NY 14202, Attention: Larry Sitzman

Notice of Availability of Final Program Policy for Five-Year Inspection of Plastic Tanks

Notice is hereby given that the New York State Department of Environmental Conservation

(Department) has prepared a program policy providinguidance on the five-year inspection of

homogenous plastic tank systems used as aboveground storage tanks in the Chemical Bulk

Storage (CBS) program.

Homogeneous plastic tanks are tanks that are molded in one-piece seamless construction

using a single plastic material. This excludes tanks constructed of fiberglass. 6NYCRR

subdivision 598.7(d) of the CBS regulation requires (amongst other things) that all

aboveground tanks be inspected in accordance with a consensus code or practice. This

guidance is intended to assist operators in complying with the requirements of6 NYCRR

subdivision 598.7(d). ln addition, this guidance will ensure that compliance reviews of five-year

inspections by Regional CBS inspectors are conducted uniformly in each of the Department's

nine regions.

The draft policy was published in the April 4,2007 issue of the Environmental Notice Bulletin,

which announced a30-day comment period pertaining to the proposed policy and the

availability of the full text document for review. The Department received comments during this

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