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ENB - Statewide Notices 5/13/2009

Public Notice

The New York State Department of Environmental Conservation (NYS DEC), Division of Air Resources operates an ambient monitoring network for various air contaminants within the State. As required by federal regulations, the monitoring plan, which describes in detail the specifics of the monitoring network, is to be available for public review for a 30 day period prior to submittal to EPA. This notice is intended to afford the opportunity for this comment period.

The network plan document can be accessed from our website for viewing and download: http://www.dec.ny.gov/chemical/33276.html

Written comments on this plan should be forwarded to the NYS DEC by June 15, 2009 and addressed to: Patrick Lavin, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway, 3rd Floor, Albany, NY 12233-3256.


Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, 13-0340-b and 13-0340-f, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR section 40.1 pertaining to the recreational harvest of summer flounder and black sea bass. This notice will be published in issue 19 of the State Register, dated May 13, 2009.

For further information please contact:

Stephen W. Heins
NYS DEC - 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 Adoption

Pursuant to Environmental Conservation Law, Sections 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(b), 3-0301(1)(d), 3-0301(1)(i), 3-0301(2)(m), 3-0301(2)(v), 9-0105(1), 9-0105(3), 9-1105(1), and 9-0303 and Article 49 of Environmental Conservatrion Law, and section 816(3) of Executive Law the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Amendment to 6 NYCRR Part 190

Purpose is to protect public safety, manage public use and protect natural resources on State lands.

Effective May 13, 2009.

For further information please contact:

Dave Forness
NYS DEC - Division of Lands and Forests
Bureau of State Land Management
625 Broadway
Albany, NY 12233-4255
Phone: (518) 402-9428


Notice of Revised Rule Making to Amend Dam Safety Regulations

Public Comment Period May 21, 2009 - June 19, 2009

For comments to be considered as part of the Dam Safety Rule Making process, such comments must be received on or after May 21, 2009 and no later than 5:00 p.m. EDT June 19, 2009.

Purpose: In February 2008, the New York State Department of Environmental Conservation (NYS DEC) issued proposed dam safety regulations. NYS DEC now announces a substantial revision to the proposed regulations. Like the regulations originally proposed in 2008, this revision contains amendments to Part 673 and to portions of Parts 608 and 621 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR).

Like the 2008 proposed regulations, the 2009 proposed revisions emphasize and detail the responsibilities of dam owners to keep structures in a safe condition and, to be consistent with the statute, enhance NYS DEC's authority to help ensure the responsibilities are fulfilled. In response to public comments, the revised regulations include several changes designed to address the cost of compliance. For example, the revised regulations:

- Extend the date by which the first Engineering Assessments and Emergency Action Plans are due for some dams, giving dam owners more time to make arrangements for the associated costs.

- Remove an explicit schedule for required Safety Inspections, but require Safety Inspections at a frequency reflected in an Inspection and Maintenance Plan so that owners can design a safety program tailored to their specific dam, subject to NYS DEC approval.

- Clarify that financial assurance is to cover only the costs of breach or removal, and only if required by NYS DEC as part of an Enhanced Safety Program for dams whose condition is not satisfactory.

Public comments also called for NYS DEC to take further steps to ensure the safety of dams. In response, the revised regulations better address public safety, help NYS DEC focus on deficient dams, and reward owners of well maintained dams by lowering the cost of compliance. The revised regulations further clarify and strengthen NYS DEC's ability to require dam owners to address deficient dams using a system of increasing measures that can be required as part of an Enhanced Safety Program, so that the state has an improved ability to address dams before potential deficiencies become more serious.

The purpose of the public comment period is to give the public an opportunity to provide written comments on the 2009 revised text of the proposed regulations.

Statutory Authority: Chapter 364, Laws of 1999 amended Environmental Conservation Law (ECL) Sections 15-0503, 15-0507 and 15-0511 to expressly require all dam owners - whether or not subject to a NYS DEC permit under ECL § 15-0503 - to operate and maintain such structures in a safe condition. The statutory amendments explicitly authorize NYS DEC to adopt regulations requiring dam owners to prepare safety programs including inspections, monitoring, maintenance and operation, and emergency plans, where failure of the dam could cause personal injury, substantial property damage or substantial natural resource damage. This program is defined by the 2008 proposed modifications and 2009 substantial revisions to Part 673. The 1999 statutory amendments modified enforcement provisions in Article 71. These changes are also reflected in the 2008 proposed modifications and 2009 revisions to Part 673. The 1999 statutory amendments also increased dam size thresholds for dam construction permits issued by the NYS DEC. This change is reflected in the proposed modifications to Part 608 and maintained in the 2009 revisions.

Chapter 17, Laws of 2006 amended the ECL by adding a new Section 15-0516 regarding distribution of department inspection reports of dam safety for intermediate and high hazard dams. This is reflected in proposed language in Part 673 and maintained in the 2009 revisions.

The 2009 revisions to Subpart 621.4 make most dam construction permit applications Major projects for the purpose of administrative processing by NYS DEC.

Availability for Review: A single paper copy of the regulations, or a single CD of the entire rule making package, are available for free upon request by writing to the address below or by calling the Department at: (518) 402-8151

Public Comments: Public comments regarding the text of the 2009 regulations may only be made within 30 days of publication of the Notice of Revised Rule Making in the State Register in order to be considered. The expected publication date is May 20, 2009.

For comments to be considered as part of the Dam Safety Rule Making process, such comments must be received on or after May 21, 2009 and no later than 5:00 p.m. EDT June 19, 2009.

All public comments must be addressed to:

Alon Dominitz
NYS DEC - Division of Water
Dam Safety Section
625 Broadway
Albany, NY 12233-3504

Or emailed * to: damsregs@gw.dec.state.ny.us

*If filing by email, please include "comments on revised dam safety rule making" in the subject line.

NYS DEC may only consider and include in the administrative record for this rule making public comments received within the public comment period.




Public Meeting Notice

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

The New York Invasive Species Advisory Committee is convening its third meeting on:

Thursday, May 14, 2009
9:30 a.m. to 3:30 p.m.
New York State Museum
7th Floor Librarian's Room
Madison Avenue (State Route 20)
Albany, NY

The Advisory Committee comprises representatives from 25 stakeholder organizations.

This meeting is open to the public.

Contact: James Hood, Chairman, c/o The Lake George Association, P.O. Box 408, Lake George, NY 12845, Phone: (518) 668-3558, E-mail: jhood@lakegeorgeassociation.org.


Meeting Notice

The East-of-Hudson Sporting Advisory Committee (SAC) reviews and makes recommendations to the New York City Department of Environmental Protection (NYC DEP) for appropriate recreational uses such as fishing, hiking and hunting for properties acquired under the City's Land Acquisition program. It also allows SAC members to bring local community concerns and preferences to the attention of NYC DEP staff.

Meeting of: The New York City Watershed Protection and Partnership Council East of Hudson Sporting Advisory Committee.

Date: Tuesday, June 2, 2009 at 1:00 p.m.

Location: New York State Department of State
The Watershed Protection and Partnership Council Offices
2 John Walsh Boulevard, Suite 206
Peekskill, New York 10566
Phone: (914) 734-1347


Contact: Lisa Melville, Watershed Programs Coordinator, New York State Department of State, 2 John Walsh Boulevard, Suite 206, Peekskill, New York 10566, Phone: (914) 734-1347.



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