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ENB - Statewide Notices

Public Notice

Final Sportfishing Restoration and Spending Plan for the Lake Ontario System

The New York State Department of Environmental Conservation (NYS DEC) is noticing Executive approval of the Final Sportfishing Restoration and Spending Plan for the Lake Ontario System. This Plan proposes ways to restore/enhance recreational fishing and fisheries in the New York waters of the lower Niagara River, Lake Ontario, the St. Lawrence River, and their tributaries upstream to the first barrier impassable to fish (hereafter referred to as the Lake Ontario system).

Funds for this restoration are available from a settlement of the State's Natural Resource Damages (NRD) claim for the Lake Ontario system. The Occidental Chemical Corporation agreed to pay the State $12 million in five equal payments over four years. The settlement was based on an assessment of the damages to the State's natural resources, in particular a loss of recreational fishing benefits resulting from the imposition of fish consumption advisories because of the presence of contaminants in Lake Ontario fish. The proceeds of the settlement will be used to restore/enhance sportfishing and the injured natural resources.

Copies of the Final Plan can be viewed or downloaded from: www.dec.ny.gov/outdoor/40068.html, or from NYS DEC Regional Headquarters in Watertown, Syracuse, Avon and Buffalo.

For more information contact:
Christopher Balk
Lake Ontario Sport Fishing
Restoration Coordinator
Cape Vincent Fisheries Station
Phone: (518) 654-2147

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.

Adoption of Amendments to 6 NYCRR Parts 700 - 704, Water Quality Regulations

New York State Department of Environmental Conservation ("Department") announces the completion of a rule making that amended portions of Parts 700 - 704 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR). The triennial review of the state's water quality standards is required by section 303(c) of the Federal Clean Water Act, and its implementing regulations at 40 CFR Part 131.

The rule was proposed on December 13, 2006. Six public information meetings were held throughout the State, in January 2007, and a public hearing was held in Albany on February 5, 2007. The comment period closed on February 14, 2007. Extensive comments were received and considered by the Department. The rule was approved by the Environmental Board on November 28, 2007.

The final rule addresses water quality standards, standard-setting procedures, and related regulations. Substances included in the adoption are: ammonia (new standard for marine waters), acetaldehyde (new standard for fresh waters), carbon disulfide (new standard for fresh waters), formaldehyde (new standard for fresh waters), iron (deleted standard for fresh waters), and metolachlor (new standard for fresh waters). Also added is a narrative freshwater standard for the parameter "flow."

The amendments were filed with the New York State Department of State on January 17, 2008 and will be effective on February 16, 2008. The text of the final rule (express terms), and summary thereof, along with the detailed response to public comments, and a summary of issues and responses, are available from Robert Simson at: (518) 402-8233. These documents will also shortly be available on the DEC website, at: http://www.dec.ny.gov/chemical/27985.html.

Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Invasive Species Council is convening its first meeting on:

Wednesday, February 13, 2008 2:00 p.m. to 5:00 p.m.
New York State Department of Environmental Conservation Headquarters Room 129A
625 Broadway
Albany, NY.

The Council comprises nine State agencies and is co-led by the Department of Environmental Conservation and the Department of Agriculture and Markets. The purpose of this meeting is to organize the Council and to plan how it will deliver the requirements of the new invasive species statute (cited above). This meeting is open to the public. Attendees will be required to show a drivers license or other photo ID at the Security Desk. The meeting will also be webcast at www.webcatter.com/live/nysdec.

Assistant Commissioner Christopher Amato
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233
Phone: (518) 402-8533

Deputy Commissioner Jacqueline Moody-Czub
New York State Department of Agriculture and Markets
10 B Airline Drive
Albany, NY 12235
Phone: (518) 457-0752

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