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ENB - Statewide Notices 12/17/2008

Public Notice

Pursuant to the Environmental Conservation Law sections 13-0105, 13-0340-a and 13-0340-f the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making for amendments to Part 40.1 (f) and (i) of Title 6 NYCRR Marine Fisheries pertaining to weakfish and black sea bass and Part 40.6 (e) pertaining to black sea bass. This notice will be published in issue 51 of the State Register, dated December 17, 2008.

For further information please contact:

Stephen W. Heins
NYS DEC - Region 1
Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us


Notice of Availability of Draft Program Policy on How to Prepare a Spill Prevention Report (DER-26)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a draft program policy that establishes guidance on how to prepare a Spill Prevention Report (SPR) required by 6 NYCRR 598.1(k) of the Chemical Bulk Storage (CBS) regulations.

Subdivision 589.1(k) outlines what must be in a SPR. However, that outline is minimal, and the need for this guidance is evidenced by questions Division of Environmental Remediation (DER) staff have received from CBS facility owners, operators and their consultants regarding how to prepare a SPR. The Application Review Policy for PBS and CBS Registration Applications (DER-12) requires that the SPR's cover page, table of contents, and signature page be submitted with the registration application. Although the SPR has been a requirement of the CBS regulations since 1994, the recent requirement to submit portions of the SPR with the CBS registration application has alerted many facility owners of the legal requirement to maintain and update the SPR annually.

Pursuant to ECL §3-0301(2)(z), written comments regarding this draft policy will be accepted for 30 days after the date of publication of this Notice in the Environmental Notice Bulletin. Comments should be submitted to Cynthia Leece, Bureau of Technical Support, NYS DEC, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020 or e-mailed to: derweb@dec.ny.gov

The Draft Policy is available by writing Cynthia Leece at the address above or calling: (518) 402-9543. A copy may also be found on the NYS DEC website at: http://www.dec.ny.gov/regulations/2387.html.


General SPDES Permits for Concentrated Animal Feeding Operations (CAFOs)

Notice of Availability for Comment and Announcement of Public Information Meetings

The New York State Department of Environmental Conservation (the Department or NYS DEC) proposes to renew SPDES General Permit GP-04-02 for Concentrated Animal Feeding Operations (CAFO)s by making available for comment and issuing two draft General SPDES Permits for Concentrated Animal Feeding Operations (CAFO)s: SPDES General Permit for CAFOs GP-0-09-001; and Clean Water Act SPDES General Permit for CAFOs GP-0-09-002.

The Department will be conducting four information meetings during this public notice period. The purpose of these meetings is to answer questions about the draft CAFO General Permits.

Public information meetings will be held at these locations and times:

Wednesday January 7, 2009 10:00 a.m., NYS DEC Offices, Meeting Room 129 A& B, 625 Broadway, Albany, NY 12233.

Thursday January 8, 2009 10:00 a.m., NYS DEC Region 8 Offices, 6274 East Avon Lima Road, Avon, NY 14414.

Monday January 12, 2009 10:00 a.m., Town of Clay Offices, 4401 State Route 31, Clay, NY 13041. Please park in the large parking lot behind the Town of Clay Offices.

Thursday January 15, 2009 11:00 a.m., NYSDEC Region 6 Lowville office, 7327 State Route 812, Lowville, NY 13367

A CAFO is an Animal Feeding Operation (AFO) that is a point source as defined pursuant to ECL Section 17-0105(16) and is a CAFO. An Animal Feeding Operation (AFO) is defined as a lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and where the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more animal feeding operations under common ownership are a single animal feeding operation if they physically adjoin each other, or if they use a common area or system for the disposal of wastes.

CAFOs are defined as follows:

Large Concentrated Animal Feeding Operation (Large CAFO) means an AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

  1. 700 Mature Dairy Cows, whether milked or dry
  2. 1,000 Veal Calves
  3. 1,000 Cattle, other than mature dairy cows or veal calves (Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs)
  4. 2,500 Swine, each weighing 55 pounds or more
  5. 10,000 Swine, each weighing less than 55 pounds
  6. 500 Horses
  7. 10,000 Sheep or Lambs
  8. 55,000 Turkeys
  9. 30,000 Laying Hens or Broilers, if the AFO uses a liquid manure handling system
  10. 125,000 Chickens (other than laying hens), if the AFO uses other than a liquid manure handling system
  11. 82,000 Laying Hens, if the AFO uses other than a liquid manure handling system
  12. 30,000 Ducks, if the AFO uses other than a liquid manure handling system
  13. 5,000 Ducks, if the AFO uses a liquid manure handling system

Medium Concentrated Animal Feeding Operation (Medim CAFO) means an AFO that stables or confines the type and number of animals that fall within any of the following ranges:

  1. 200-699 Mature Dairy Cows, whether milked or dry
  2. 300-999 Veal Calves
  3. 300-999 Cattle, other than mature dairy cows or veal calves (Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs)
  4. 750-2,499 Swine, each weighing 55 pounds or more
  5. 3,000-9,999 Swine each weighing less than 55 pounds
  6. 150-499 Horses
  7. 3,000-9,999 Sheep or Lambs
  8. 16,500-54,999 Turkeys
  9. 9,000-29,999 Laying Hens or Broilers, if the AFO uses a liquid manure handing system
  10. 37,500-124,999 Chickens (other than laying hens), if the AFO uses other than a liquid manure handling system
  11. 25,000-81,999 Laying Hens, if the AFO uses other than liquid manure handling systems
  12. 10,000-29,999 Ducks, if the AFO uses other than a liquid manure handling system
  13. 1,500-4,999 Ducks, if the AFO uses a liquid manure handling system

SPDES General Permit GP-0-09-001

Construction of a point source that is designed, constructed, operated and maintained to not discharge manure or process wastewater is deemed eligible for coverage under SPDES general permit GP-0-09-001 and must obtain coverage prior to operation of the CAFO facility.

Owners or operators of existing CAFOs eligible to be covered by GP-0-09-001 shall submit a Notice of Intent and CNMP Certification (for mediums) or annual NMP (for larges) to the Department within 6 months from the date of permit issuance. Notifications for new or expanded facilities must be made at least 30 days prior to commencing operation of the new facility or facility expansion. Refer to the Draft General Permit and Fact Sheet for application requirements for existing, new or expanded facilities.

Clean Water Act SPDES General Permit GP-0-09-002

Construction of a point source that is designed, constructed, operated and maintained and discharges or proposes to discharge manure or process wastewater must seek coverage under SPDES general permit GP-0-09-002 and must obtain coverage prior to operation of the CAFO facility.

Owners or operators of CAFOs eligible to be covered by GP-0-09-002 shall submit a Notice of Intent and CNMP within 6 months from the date of permit issuance. Notifications for a new or expanded facility must be made at least 30 days prior to commencing operation of the new facility or the facility expansion. Refer to the Draft General Permit for application requirements for existing, new or expanded facilities

The Department retains the authority and discretion to determine that a CAFO may not be eligible for coverage under either of these general permits and, as such, may require the CAFO to submit an application for coverage under an individual SPDES permit.

SEQR Determination: Pursuant to the State Environmental Quality Review Act, General Permit GP-0-09-002 renews GP-04-02 and is a Type II action. General Permit GP-0-09-001 is an unlisted action for which a negative declaration has been prepared.

Availability of Application Documents: The Department's draft SPDES General Permits and Fact Sheets are available for inspection during normal business hours at the address of the Contact Person identified below. It is recommended that an appointment be made with the contact person beforehand. The draft SPDES General Permits and Fact Sheets are also available on the NYSDEC website at: http://www.dec.ny.gov/permits/6061.html.

Opportunity for Public Comment: Comments on the draft SPDES general permits must be submitted in writing to the contact person no later than January 26, 2009.

Contact Person:

Jacqueline Lendrum
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, New York 12233-3505
Phone: (518) 402-8118
E-mail: jmlendru@gw.dec.state.ny.us


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