10/10/07 N.Y. St. Reg. ENV-15-07-00007-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 200.1(av) of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, section 1-0101, 3-0301, 19-0103, 19-0105, 19-0305 and 19-0311
Subject:
Nonattainment area.
Purpose:
To incorporate the new Federal PM designation and geographic boundaries and clarify that the annual National Ambient Air Quality Standards for PM has been revoked by EPA.
Text or summary was published
in the notice of proposed rule making, I.D. No. ENV-15-07-00007-P, Issue of April 11, 2007.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Robert D. Bielawa, Department of Environmental Conservation, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396, e-mail:
airsips@gw.dec.state.ny.usAdditional matter required by statute:
Pursuant to article 8 of the State Environmental Quality Review Act, a short environmental assessment form, a negative declaration and a coastal assessment form have been prepared and are on file. This rule was approved by the Environmental Board.
Assessment of Public Comment
Comment: The Adirondack Council agrees with the Department's designation of Marginal non-attainment for the portion of Essex County surrounding Whiteface Mountain above an elevation of 4,500 feet for the 1-hour ozone NAAQS. This is consistent with the Department's previous designation of the area under the old standard. (The Adirondack Council, May 24, 2007)
Response: As acknowledged by the commenter, no changes have been made to the non-attainment area definition in 6 NYCRR 200.1(av) for the 1-hour ozone standard. No further action required.
