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ENB - Statewide Notices

Public Notice

Data Solicitation for 2008 CWA Section 303(d) List
Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2008.

To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. The purpose of this notice is to announce the schedule for updating the New York State CWA Section 303(d) List and solicit data and information that may be useful in compiling the list.

The water quality assessment of New York State's waters is a continuous process. Every year waters in 2 or 3 of the 17 drainage basins in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every 5 years. The assessment of these waters is a public process which includes the participation of a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.). NYSDEC is able to effectively manage the reassessment process by focusing the effort on specific drainage basins over a five-year period. Concentrating on a few basins each year allows NYSDEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data. In order to maintain an effective and comprehensive review of solicited data and information, it is necessary to establish a cut-off date for the receipt of water quality data and information.

In order to be included for full consideration in the compiling of the 2008 CWA Section 303(d) List, data and information must be received by September 30, 2007. It is not the intent of this cut-off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to USEPA by April 1, 2008.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2008 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List Assessment Worksheet. This worksheet allows for the capture of water quality information based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. The worksheet and instructions (PDF) (215 KB) for completing it can be found on the NYSDEC website. Worksheet information can also be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179. Completed WI/PWL worksheets and supporting water quality monitoring data should sent to the address above, or forwarded via email to 4pwlinfo@gw.dec.state.ny.us. Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Additional information regarding the NYSDEC Water Quality Assessment Program including the Waterbody Inventory/Priority Waterbodies List can be found on the NYSDEC website at http://www.dec.ny.gov/chemical/23852.html.


Statewide and Region 1

Availability for Comment on Draft TMDL

This notice announces the availability of a DRAFT Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation to address impaired waters in the Peconic Estuary, Suffolk County, specifically:

1. Lower Peconic River and Tidal Tributaries (NYS Priority Waterbodies List Segment #1701-0259)
2. Western Flanders Bay and Lower Sawmill Creek (NYS Priority Waterbodies List Segment #1701-0254)
3. Meetinghouse Creek, Terrys Creek and Tributaries (NYS Priority Waterbodies List Segment #1701-0256)
These are waterbodies that are impaired by nitrogen. Public comment on this document will be accepted for 30 days, through August 17, 2007. A public meeting to explain the draft TMDL will be scheduled during the comment period.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and the U. S. Environmental Protection Agency's (EPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed TMDL for nitrogen sets waste load allocations that will be used to set discharge limits for wastewater treatment plants, and reduction requirements for municipal stormwater permits. The proposed TMDL also relies on current and ongoing stormwater and other nonpoint source reduction efforts such as the Peconic Estuary Program Management Conference and Comprehensive Conservation and Management Plan process to address existing water quality impairments and preserve water quality in the remaining waters of the Peconic Estuary.

INFORMATION: Copies of the proposed draft plan or information on the public meeting can be obtained by contacting Laura Stephenson, Peconic Estuary Program Coordinator, NYSDEC, Bureau of Marine Resources, 205 N Belle Meade Road, Suite 1, East Setauket, NY 11733,
or by phone at 631-444-0871, or via email at lbstephe@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by close of business August 17, 2007 will be considered prior to submitting the final TMDLs to the EPA for approval.


Statewide and Region 1

Availability for Comment on Draft TMDL/Impaired Waters Restoration Plan

This notice announces the availability of a DRAFT Total Maximum Daily Load (TMDL)/Impaired Water Restoration Plan proposed by New York State Department of Environmental Conservation to address twenty (27) specific shellfishing waters that are impaired by pathogens:

  1. Hempstead Harbor, north, and tidal tributaries
  2. Cold Spring Harbor, and tidal tributaries
  3. Huntington Harbor
  4. Centerport Harbor
  5. Northport Harbor
  6. Stony Brook Harbor and West Meadow Creek
  7. Port Jefferson Harbor, North, and tributaries
  8. Conscience Bay and tidal tributaries
  9. Setauket Harbor
  10. Mt. Sinai Harbor and tidal tributaries
  11. Mattituck Inlet/Creek, Low, and tidal tributaries
  12. Goldsmith Inlet
  13. West Harbor, Fishers Island
  14. Georgica Pond
  15. Sagaponack Pond
  16. Mecox Bay and tributaries
  17. Heady and Taylor Creeks and tributaries
  18. Penny Pond
  19. Weesuck Creek and tidal tributaries
  20. Penniman Creek and tidal tributaries
  21. Ogden Pond
  22. Quantuck Bay
  23. Quantuck Canal/Moneybogue Bay
  24. Harts and Seatuck Coves
  25. Narrow Bay
  26. Bellport Bay
  27. Patchogue Bay

Public comment on this document will be accepted through August 25, 2007. NYSDEC will hold an informational meeting from 1:00 PM to 3:00 PM on 10 August 2007 at the NYSDEC Region 1 office located at SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 to discuss the Draft TMDL.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and EPA's implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed TMDL/Impaired Water Restoration Plan for pathogens relies on current and ongoing stormwater and other point and nonpoint source reduction efforts to address existing water quality impairments.

INFORMATION: Copies of the proposed draft plans can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179, or via email at dmwicker@gw.dec.state.ny.us.

Comments on the Draft TMDL should be sent by mail or e-mail to the same address before COB August 25, 2007.


Notice of Proposed Rulemaking

Statewide
New York State Department of Environmental Conservation
Consensus Rulemaking for 6NYCRR Part 198, Outdoor Recreation and Trail
Maintenance Pin and Patch Program

Pursuant to Environmental Conservation Law, Sections 3-0301(2)(m) and 11-0329, the New York State Department of Environmental Conservation hereby gives notice of the following:

This proposed regulation will implement a voluntary Outdoor Recreational Trail Maintenance Pin and Patch Program. It will set forth the methods for the sale of hiking pins and patches. All revenue received will be deposited in a special account within the Conservation Fund to be used for outdoor recreation, trail maintenance and the development and improvement of public access to outdoor recreation and trails.

For further information:

McCrea Burnham
NYS DEC
625 Broadway
Albany, NY 12233-4250
Phone: (518) 402-9405


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