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ENB - Statewide Notices

Public Notice

This notice announces the availability of the Draft New York State 2008 Section 303(d) List of Impaired/TMDL Waters. The list identifies those waters that do not support appropriate uses and that require and are scheduled for development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 30 days, through February 22, 2008.

Background: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to develop a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State waters. Two components of the CALM have been recently revised and are also available for comment. The Assessment Methodology outlines how waters are evaluated by New York State Department of Environmental Conservation (NYS DEC) to determine the degree of use support, and the Listing Methodology outlines the criteria NYS DEC uses to determine what waters are to be included on the Section 303(d) List. The recent revision to these documents are intended to clarify the current and continuing approach to assessment and listing.

Information: Copies of the Draft New York State 2008 Section 303(d) List, and/or the revised Assessment and Listing Methodologies can be obtained by contacting the NYS DEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179. An electronic version of these documents can also be requested by email to dmwicker@gw.dec.state.ny.us. The List and Methodologies are also expected to be available on the NYS DEC website during the comment period at: http://www.dec.ny.gov/chemical/31290.html.

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to the Bureau of Watershed Assessment and Management at the above address.

Notice of Availability of State Funds
Municipal Waste Reduction & Recycling (MWRR) State Assistance Program and Household Hazardous Waste (HHW) State Assistance Program

The New York State Department of Environmental Conservation (Department) accepts applications from municipalities on an ongoing basis for funding under the Municipal Waste Reduction & Recycling (MWRR) State Assistance Program and Household Hazardous Waste (HHW) State Assistance Program. Both programs provide up to 50 percent reimbursement to local governments for eligible project costs, with reimbursement limited to $2.0 million per project. Anticipated funding from the Environmental Protection Fund is subject to annual legislative appropriations.


These funds are available to municipalities including: counties, cities, towns, villages, local public authorities, local public benefit corporations, school districts, supervisory districts and improvement districts, Native American tribes or Nations residing in New York State, or any combination of the above.


MWRR Recycling Capital Projects - The Department is authorized to provide State assistance to communities for projects that enhance municipal recycling infrastructure through purchasing equipment or construction of recycling and composting facilities. Some examples are: construction of municipally-owned materials recycling facilities and composting facilities; recycling containers and recycling vehicles.

MWRR Recycling Coordinator Projects - The Department is authorized to provide State assistance to communities for Recycling Coordinator salaries and public education programs to expand local recycling and waste reduction programs and increase participation in those programs.

Household Hazardous Waste Projects - The Department is authorized to provide funding to communities for HHW collection days and construction of permanent HHW collection facilities in order to provide a safe alternative for recycling or disposal of household hazardous materials.


Applications are available on-line at: http://www.dec.ny.gov/pubs/4776.html or you may call (518) 402-8706 to request a paper copy of the applications.

Contact for more information:

Sharon Smith
New York State Department of Environmental Conservation
625 Broadway, 9th Floor
Albany, NY 12233-7253
E-mail: spsmith@gw.dec.state.ny.us

Pursuant to the Environmental Conservation Law Sections 3-0301, 13-0105 and 13-0340-b the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption to amend 6NYCRR Part 40 relating to Marine Fish (Summer Flounder). This notice will be published in issue 6 of the State Register, dated February 6, 2008.

For further information please contact:

Steve Heins
New York State Department of Environmental Conservation
205 N. Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us

The Division of Water Technical and Operational Guidance Series (TOGS) 1.3.2, entitled Acute and Chronic Toxicity testing in the SPDES Permit Program is now available in its final form on the Department of Environmental Conservation's website at www.dec.ny.gov./docs/water_pdf/togs132.pdf .

The primary purpose of this document is to provide guidance for implementing, and evaluating the results of aquatic toxicity testing in SPDES permits. The document also provides guidance for what toxicity test data may suggest with respect to subsequent requirements in a SPDES permit. The following are the significant changes and additions in this revision: 1) Reasonable Potential Determination: This procedure is included for evaluation of whether or not a whole effluent toxicity limit should be placed in a SPDES permit, 2) SPDES Toxicity Test Language: Recommended language for writing toxicity testing into a SPDES permit, 3) Factors Suggesting Toxicity Testing: Additions to the factors used to determine the need for effluent toxicity testing in SPDES permits, and 4) Toxic Units: Toxic units replace percent effluent concentrations as endpoints in toxicity tests.

Paper or electronic copies can also be obtained by contacting Edward Kuzia at (518) 402-8254 or by e-mail to exkuzia@gw.dec.state.ny.us.

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