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ENB - Statewide Notices 08/29/2007

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 E-mail 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.


Notice of Availability of State Funds
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1750

The Department of Environmental Conservation (hereafter, "the Department") is issuing a Request for Proposal (RFP) for eligible entities to submit proposals to develop and implement a pollution prevention institute (hereafter, "the Institute") in New York State. Applications will be accepted through December 5, 2007.

The Institute will be supported by a new category in the Environmental Protection Fund that provides up to $2 million in state assistance funding for the formation of a "pollution prevention institute."

A contract will be awarded to one public or private university or non-profit institution, or to a consortium of such organizations.

For the purpose of this RFP, an eligible university will be defined as an institute of higher education with, at minimum, a masters degree program in a research field directly applicable to the purpose and intent outlined in Section II, A & B.

A non-profit institution must be a 501 (c) (3) organization as defined by the US Internal Revenue Service code.

Each member of a consortium must meet the eligibility requirements detailed above. Consortiums must designate a lead proposer to file the RFP and to act as the lead organization.

The Institute must be established, operated, and maintained in New York State. Options may include a single center, a single center with satellite offices, or a group of multiple entities with specialty services. All centers, offices, facilities, entities and groups must be located in New York State.

The Institute will offer an unparalleled center for technology evaluation and development as well as training and assistance to state businesses and organizations involved in pollution prevention. The Institute will promote cost effective methods of reducing and eliminating the use of toxic substances in the manufacturing process.

The Institute will make businesses more competitive by enabling them to be more efficient. Incorporating research and development, technology transfer, technology demonstration, education, outreach, and workforce development, the Institute will focus on sustainability and toxic use reduction over the course of the product life cycle.

The Institute will foster partnerships between businesses, universities, state and local governments, health and environmental organizations. These partnerships will stimulate the research and development of cutting-edge environmental technologies that will promote sustainable economic development. The Institute shall focus on priorities that optimize environmental benefit and economic development.

RFPs will be mailed to prospective applicants on or after September 1, 2007. For further information or to request an RFP please write or e-mail, including name (first, MI, last), title, organization, address, city, state, zip, phone number, fax number and e-mail of the appropriate contact person. Write to:

Pollution Prevention Institute - RFP Information
New York State Department of Environmental Conservation
Division of Environmental Permits - Pollution Prevention Unit
Attn: Michelle Hinman
625 Broadway
Albany, NY 12233-1750
Fax: (518) 402-9168
E-mail: deppermitting@dec.ny.gov


NOTICE OF PUBLIC HEARING
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PROPOSED REVISION TO THE STATE IMPLEMENTATION PLAN

Notice is hereby given that the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (Department) will hold a legislative PUBLIC HEARING on the following revision to the State Implementation Plan (SIP) for Ozone.

This proposed SIP revision entitled "New York State Implementation Plan for Ozone (8-Hour NAAQS) - Attainment Demonstration For New York Metro Area", which includes the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx, Westchester and Rockland, meets the requirements of section 182 of the Clean Air Act Amendments of 1990. It contains the 2002 baseline emission inventory, projection inventories for 2008, 2011 and 2012, predictive photochemical modeling attainment demonstration, and the control measures and programs that will be implemented by the Department in order to demonstrate attainment with the 8-hour ozone standard promulgated by EPA on July 18, 1997.

The PUBLIC HEARING on the proposed 8-hour Ozone SIP revision will be conducted as follows:

DATE: OCTOBER 2, 2007

TIME: 2:00 PM

PLACE: NYS DEC Annex, Region 2
11-15 47th Avenue
Hearing Room 106
Long Island City, NY 11101

The PUBLIC HEARING is scheduled in a place that is reasonably accessible to persons with impaired mobility. At the hearing, the Department will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by September 17, 2007, to Laura Stevens, NYS DEC, 625 Broadway, Albany NY 12233-3250; (518) 402-8451; air.regs@dec.ny.gov.

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 action 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 revision to the 8-hour ozone SIP to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearing and oral statements made at the hearing will be given equal weight.

Written statements must be received by October 10, 2007, and should be sent to: Robert D. Bielawa, P.E., NYS DEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone (518) 402-8396; email dar.sips@dec.ny.gov.

The proposed SIP revision may be obtained from Mr. Bielawa or 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 Island City, NY 11101, Attention: Sam Lieblich

REGION 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Ken Grzyb


NOTICE OF PUBLIC HEARING
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PROPOSED REVISION TO THE STATE IMPLEMENTATION PLAN

Notice is hereby given that the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (Department) will hold a legislative PUBLIC HEARING on the following revision to the State Implementation Plan (SIP) for Ozone.

This proposed SIP revision entitled "New York State Implementation Plan for Ozone (8-Hour NAAQS) - Attainment Demonstration for Poughkeepsie, NY Area", which includes Dutchess, Orange and Putnam Counties, meets the requirements of section 182 of the Clean Air Act Amendments of 1990. It contains the 2002 baseline emission inventory, projection inventories for 2008, and 2009, predictive photochemical modeling attainment demonstration, and the control measures and programs that will be implemented by the Department in order to demonstrate attainment with the 8-hour ozone standard promulgated by EPA on July 18, 1997.

The PUBLIC HEARING on the proposed 8-hour Ozone SIP revision will be conducted as follows:

DATE: THURSDAY, OCTOBER 4, 2007

TIME: 2:00 PM

PLACE: Residence Inn by Marriott
14 Schuyler Blvd.
Fishkill, NY 12524

The PUBLIC HEARING is scheduled in a place that is reasonably accessible to persons with impaired mobility. At the hearing, the Department will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by September 18, 2007, to Laura Stevens, NYS DEC, 625 Broadway, Albany NY 12233-3250; (518) 402-8451; air.regs@dec.ny.gov.

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 action 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 revision to the 8-hour ozone SIP to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearing and oral statements made at the hearing will be given equal weight.

Written statements must be received by October 11, 2007, and should be sent to: Robert D. Bielawa, P.E., NYS DEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone (518) 402-8396; email dar.sips@dec.ny.gov.

The proposed SIP revision may be obtained from Mr. Bielawa or from the Region 3 Department office at 21 South Putt Corners Road, New Paltz, NY 12561 (Attention: Ken Grzyb).


Availability for Comment on Draft TMDL/Impaired Waters Restoration Plan

This notice announces that the deadline for comments on the DRAFT Total Maximum Daily Load (TMDL)/Impaired Water Restoration Plan proposed by New York State Department of Environmental Conservation to address twenty seven (27) specific shellfishing waters that are impaired by pathogens, has been extended to Close of Business, September 14, 2007. All comments must be received at the address below at that time to be considered.

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 E-mail at dmwicker@gw.dec.state.ny.us.

Comments on the Draft TMDL should be sent by mail or e-mail to the same address. Comments must be received by COB September 14, 2007.


Notice of Adoption 6 NYCRR Part 41

Pursuant to the Environmental Conservation Law Sections 13-0307 and 13-0319, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption to amend 6NYCRR Part 41 relating to Sanitary Condition of Shellfish. This notice will be published in issue 36 of the State Register, dated 9/5/2007.

For further information, contact: Melissa Albino, NYS Department of Environmental Conservation, 205 N Belle Meade Road, Suite 1, East Setauket, NY 11733, Phone: (631) 444-0491, E-mail: maalbino@gw.dec.state.ny.us.


Notice of Proposed Rule-making to amend 6 NYCRR Section 1.31

Pursuant to the Environmental Conservation Law Sections 11-0303, 11-0903 and 11-0907, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rulemaking to amend 6NYCRR Section 1.31 relating to black bear. This notice will be published in issue 36 of the State Register, dated 9/5/2007.

For further information contact: Jeremy Hurst, NYS Department of Environmental Conservation, 625 BroadwayAlbany, NY 12233-4754, Phone: (518) 402-8867, E-mail: jehurst@gw.dec.state.ny.us.


Public Meeting Notice

NYS Trails Council Meeting

This is a public meeting of the New York State Trails Council, a trails advocacy group, comprised of delegates from 12 trail user groups. New York State Trails Council Meeting will be held September 15, 2007 at Schodack Island State Park, 1 Scodack Island Way, Schodack Landing, New York 12156 from 11:00 a.m. to 3:00 p.m.

This Meeting is open to the public.

For further information, contact: Robert Reinhardt, Phone: (518) 474-0415 or (518) 486-2909, E-mail: Robert.Reinhardt@oprhp.state.ny.us.


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