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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.

Amendment to the July 2005 New York State Department of Environmental Conservation (NYS DEC) Analytical Services Protocol relative to the Analysis of Air Samples for Volatile Organic Compounds (EPA Method TO-15)

In July 2005, the NYS DEC issued its latest revision of the Analytical Services Protocol (ASP), which included requirements pertaining to the performance of EPA Method TO-15 [Volatile Organic Compounds (VOCs) in air] that were not part of previous ASPs. After a number of comments from laboratories, and the review of select technical information, the Department has revised the ASP requirements for TO-15 holding times and surrogates. Effective with this revision, the following will now apply to TO-15 analyses performed per ASP requirements:

• Maximum sample holding time for TO-15 analysis should be 30 days from the date/time of sample collection.
• TO-15 analysis will no longer require the use of surrogate spikes.

Additionally, the NYS DEC Division of Environmental Remediation (DER) has developed a Method TO-15 Target Compound List (TCL) specific for sample analysis for DER.

The above changes have been incorporated into an amended version of the ASP document titled, "NYSDEC Modifications to EPA Region 9 TO-15 QA/QC Criteria," under modifications 4, 5, and 6. This document is available from the Department upon request. These changes are effective immediately.

For more information contact:
Jason Fagel
Division of Water
625 Broadway
Albany, NY 12233-3502
Phone: (518) 402-8179

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