ENV-15-07-00008-P Federal NESHAP Rules and Emission Guidelines  

  • 4/11/07 N.Y. St. Reg. ENV-15-07-00008-P
    NEW YORK STATE REGISTER
    VOLUME XXIX, ISSUE 15
    April 11, 2007
    RULE MAKING ACTIVITIES
    DEPARTMENT OF ENVIRONMENTAL CONSERVATION
    PROPOSED RULE MAKING
    HEARING(S) SCHEDULED
     
    I.D No. ENV-15-07-00008-P
    Federal NESHAP Rules and Emission Guidelines
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
    Proposed action:
    This is a consensus rule making to amend Part 200 of Title 6 NYCRR.
    Statutory authority:
    Environmental Conservation Law, sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 19-0319 and 70-0109
    Subject:
    Incorporation by reference of Federal NESHAP rules, and emission guidelines for other solid waste incinerators and for larger municipal waste combustors.
    Purpose:
    To incorporate by reference: 1) The Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations, 2) Amendments to the guidelines for existing large municipal waster combustors and 3) New guidelines for existing other solid waste incinerators.
    Public hearing(s) will be held at:
    2:00 p.m., May 15, 2007 at Department of Environmental Conservation, Region 8, Conference Rm., 6274 E. Avon-Lima Rd., Avon, NY; 2:00 p.m., May 16, 2007, at Department of Environmental Conservation Annex, Region 2, 11-15 47th Ave., Hearing Rm. 106, Long Island City, NY; 2:00 p.m., May 17, 2007 at Department of Environmental Conservation, 625 Broadway, Rm. 129, Albany, NY.
    Accessibility:
    All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
    Interpreter Service:
    Interpreter services will be made available to deaf persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
    Text of proposed rule:
    See Appendix in back of this issue.
    Text of proposed rule and any required statements and analyses may be obtained from:
    Edward Pellegrini, P.E., Department of Environmental Conservation Division of Air Resources, 625 Broadway, Albany, NY 12233, (518) 402-8403, e-mail: neshaps@gw.dec.state.ny.us
    Data, views or arguments may be submitted to:
    Same as above.
    Public comment will be received until:
    Five days after the last scheduled public hearing required by statute.
    Additional matter required by statute:
    Pursuant to Article 8 of the State Environment 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 must be approved by the Environmental Board.
    Consensus Rule Making Determination
    6 NYCRR Subpart 200.10 incorporates by reference the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) which appear in 40 CFR Part 63. The proposed rulemaking will update 6 NYCRR 200.10 to incorporate the new and amended NESHAP regulations which appeared in the July 1, 2005 Code of Federal Regulations.
    The proposed rulemaking will also update Subpart 200.10 Table 2 “Delegated Federal New Source Performance Standards of 40 CFR 60” to incorporate two recently adopted federal regulations which New York State will implement and enforce. They include the new Guidelines for Existing Other Solid Waste Incinerators that were published in the Federal Register on December 16, 2005 and the amendments to the Guidelines for Existing Large Municipal Waste Combustors that were published in the Federal Register on May 10, 2006.
    In addition to the amendments to Subpart 200.10, 6 NYCRR 200.9 will be updated to reflect the new and modified references in Subpart 200.10.
    The proposed rulemaking adopts Federal standards only and does not impose additional requirements on regulated entities. Consequently, no person is likely to object to this rulemaking.
    Job Impact Statement
    1. Nature of impact:
    This proposed rulemaking will have no impact on numbers of jobs or employment opportunities in the State. The purpose of the rulemaking is to add three recently adopted federal regulations to the Table listing Delegated Federal New Source Performance Standards of 40 CFR 60 in Section 200.10 and update the Table of National Emission Standards for Hazardous Air Pollutants to cite to the 2005 Code of Federal Regulations. The proposed rulemaking adopts Federal standards only and does not impose additional requirements on regulated entities.
    2. Categories and numbers affected:
    This proposed rulemaking will not affect specific categories of jobs nor will it affect the number of jobs or employment opportunities.
    3. Regions of adverse impact:
    This proposed rulemaking will not affect any region of the state specifically.
    4. Minimizing adverse impact:
    Since this proposed rulemaking will not affect the number of jobs or employment opportunities, there have been no steps taken to minimize the impact on existing jobs.

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