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ENB - Statewide Notice 6/3/2009

Public Meeting Notice

The New York State Department of Environmental Conservation (NYS DEC) hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., June 17, 2009, in Room 129 at the Department's main offices at 625 Broadway, Albany, New York.

The Board will consider the following rulemaking actions of the New York State Department of Environmental Conservation:

• Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles and Part 200, General Provisions

• Part 239, Portable Fuel Container Spillage Control and Part 200, General Provisions

• Part 200, General Provisions

This meeting is open to the public.

This meeting will be webcast. To observe the meeting go to: http://www.dec.ny.gov/public/36245.html.

Contact: Ruth L. Earl, Executive Secretary, State Environmental Board, NYS DEC, 625 Broadway, Albany, NY 12233.


Public Notice

The New York State Department of Environmental Conservation (NYS DEC) announces the start of the Open Application Period for the Landowner Incentive Program: Grassland Protection and Management.

Private landowners will be able to apply for technical guidance and financial incentives for the protection of at-risk grassland species on their land. Eligibility is limited to privately-owned land within portions of following counties: Allegany, Cayuga, Chemung, Clinton, Cortland, Erie, Essex, Franklin, Fulton, Genesee, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Otsego, Saratoga, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Tompkins, Ulster, Washington, Warren, Wayne, Wyoming and Yates.

Eligible landowners will compete for funding, set at $55 or $60 per acre per year to conduct the prescribed grassland management. The higher rate will be applied for parcels of land located within 25 miles of large urban areas (population of more than 100,000), reflecting higher soil rental rates near population centers. Parcel size must be ten acres or more of contiguous grassland or shrubland that landowners are willing to convert to grassland.

The deadline for pre-application submission is August 1, 2009.

Application can be found at http://www.dec.ny.gov/pubs/32891.html
or by contacting:

Marcelo J. del Puerto
NYS DEC - Division of Fish, Wildlife, and Marine Resources
625 Broadway
Albany, NY 12223-4750
Phone: (518) 402-8942
E-mail: F&WLIP@gw.dec.state.ny.us


Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #5 to the Drinking Water State Revolving Fund Intended Use Plan issued September 30, 2008 was published in the May 6, 2009 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #5 closed on May 21, 2009. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

"The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 30, 2008 to adjust the estimated project cost for one DWSRF project listed on the Project Readiness List. The explanation of the reason for the cost revision is included in the table below:



Borrower County Project Description DWSRF # Proposed IUP Cost Explanation
Alexandria (T) Jefferson New system to serve area with private contaminated wells and consolidate public water supply. 17045 $173,936 The cost increase is a result of an update to the original project cost estimate provided by the engineer and is based on the actual design and construction costs of the project.

The New York State Department of Health has determined that the revised project cost increase is necessary, reasonable and consistent with the original project concept. In addition, the scope of the project has not changed, nor have we altered the project priority rankings in any way. The project cost increase will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted change, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings."

The revised Project Readiness List may be obtained by calling NYS DOH's toll free information line at: 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.


Data Solicitation for 2010 Federal Clean Water Act (CWA) Section 303(d) List

Section 303(d) of the Federal Clean Water Act requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2010. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2010 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Every year waters in two or three of the 17 drainage basins in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every five years. The assessment of these waters is a public process and participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

However every two years, corresponding to the development of New York State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the List, but will be used during the subsequent water quality assessment for the corresponding basin during the reassessment cycle. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and will also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to maintain an effective and comprehensive review of solicited data and information and insure the timely submittal of the List, it is necessary to establish a cut-off date for the receipt of water quality data and information. Therefore in order to be included for full consideration in the compiling of the 2010 CWA Section 303(d) List, data and information must be received by September 30, 2009. It is not the intent of this cut-off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to the United State Environmental Protection Agency (USEPA) by April 1, 2010.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2010 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet. This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. Information regarding the Waterbody Inventory/Priority Waterbodies List, including the WI/PWL worksheet and instructions for completing the worksheet, can found on the NYS DEC website at: http://www.dec.ny.gov/docs/water_pdf/pwlwrksht.pdf (PDF, 243 Kb). Worksheet information can also be obtained by contacting the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179. Completed WI/PWL worksheets and supporting water quality monitoring data should be sent to the address above, or forwarded via email to 4pwlinfo@gw.dec.state.ny.us. Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2010 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing Methodology can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html.

Additional information regarding the NYS DEC Water Quality Assessment Program, including the Waterbody Inventory/Priority Waterbodies List assessments and Section 305(b) water quality reporting can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC -Division of Water, Bureau of Water Assessment and Management, Water Quality Assessment Section, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, Fax: (518) 402-9029, E-mail: jamyers@gw.dec.state.ny.us.


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