ENB - Statewide Notices - NYS Dept. of Environmental Conservation

NEI'TIYORKSTATE 

### DEPARTMENT

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# ENVI RON M ENTAL CO N5 ERUATION ENB - Statewide

Notices Public Notice Notice of Proposed

Rulemaking New York StateDepartment of Environmental

Gonservation 6 NYCRR

Part23l New SourceReview for New and Modified

Facilities 6 NYCRR

Part200,

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 NYSDepartment

of Environmental

Conservation

proposes to revise 6 NYCRR

Parts 200, 201, and 231 and include these revisions intheState

lmplementation

Plan (SlP). The revisions to Parts 200 and 201add a definition

for Routine

Maintenance

Repair and Replacement,

and modify the definition

for Major

Stationary

Source, respectively.

Part 200 is also

being revised to reflect hat 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 NSRRule

modified both the NNSR

and Prevention

of Significant

Deterioration

(PSD) regulations

at 40 CFR 51.165 and52.21,

respectively,

and requires

states with SIPapproved

NSR programs

to revise their regulations

in accordance

with the 2002 Federal NSRRule

andsubmit

he revisions to EPA for approval

into the SlP. The Department's

existing NNSR program at Part 231 is subject

o this requirement.

Another purpose of the rulemaking

is to adopt

a State PSD program for proposed

newmajor

facilities and major

modifications

to existing

facilities located in attainment

areas. The proposed

Part 231 rule incorporates

some provisions

from the Federal NSRregulations

with additional

provisions

to ensure

enforceability

of the 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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625 Broadway,

Albany, NY 12233-3251 Phone: (518) 402-8403 E-mail: 231 NSR@gw.dec.state.ny.us Page2 of9

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 and201add

a definition

for Routine

Maintenance

Repair and Replacement,

and modify

the definition

for Major Stationary

Source, respectively.

Part 200 is also being revised to reflect hat the Department

is no longer

delegated

responsibility

for implementation

of thefederal

Prevention

of Significant

Deterioration

program. The Department is undertaking

this rulemaking

to comply

with the 2002Federal

New Source Review (NSR) Rule EPApromulgated

and correct deficiencies

that EPAidentified

in regards

to New York's existing Nonattainment

New Source Review (NNSR) regulation.

The 2002

Federal NSRRule modified both the NNSR

and Prevention

of Significant

Deterioration

(PSD) regulations

at 40 CFR 51.165 and 52.21,

respectively,

and requires

tates with SIP approved

NSR programs

to revise their regulations

in accordance

with the 2002 Federal NSRRule

andsubmit

he revisions to EPA for approval

into the SlP. The Department's

existing NNSR program at Part 231 is subject

o this requirement.

Another purpose of the rulemaking

is to adopt

a State PSD program for proposed

newmajor

facilities and major

modifications

to existing

facilities located in attainment

areas. The proposed

Part 231 rule incorporates

some provisions

from the Federal NSRregulations

with additional

provisions

to ensure

enforceability

of the 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 thefollowing

locations and times: Date: Tuesday,

November

13,2007

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Time: 2:00 P.M. Location:

NYSDEC

Region 8, Conference

Room ,6274E. 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

forthe 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 maybe affected

bythe 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

anycomments

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.

lt is requested

that oral statements

also be submitted

in writing.

The Department

will give equal weight o 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 maybe 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 andSIP revisions

andassociated

supporting

information

maybe obtained from anyof 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, NewPaltz,

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 providing uidance

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.

6 NYCRR 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

of 6 NYCRR subdivision

598.7(d).

ln addition,

this guidance will ensure that compliance

reviews of five-year inspections

by Regional

CBSinspectors

areconducted

uniformly in each of the Department's nine regions.
The draft policy waspublished

inthe April 4,2007 issue of the Environmental

Notice Bulletin, which announced

a 30-day comment

period pertaining

to the proposed

policy and the availability

of thefull text document

for review.

The Department

received comments

during this

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