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ENB - Statewide Notices 6/10/2009

Public 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.


Notice of Draft Agency Action Agendas for Integrating Environmental Justice into Agency Programming

I. Background

Governor David A. Paterson established the Environmental Justice Interagency Task Force (the Task Force) in June 2008 to address environmental justice concerns in New York State. The goal of the Task Force is to develop strategies that will integrate solutions to environmental justice concerns into the state's day-to-day work.

New York has adopted the United States Environmental Protection Agency's (US EPA) definition of environmental justice: "Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies." 1 To that end, the Task Force has held an open stakeholder process with multiple opportunities through which interested parties have been involved.

The Task Force met for the first time with stakeholders (community groups, businesses, etc.) in July 2008 to begin discussing recommendations on how agencies can incorporate Environmental Junstice (EJ) principles and address community concerns; nearly 100 diverse stakeholders were invited to participate. The stakeholder meetings continued through the Summer and Fall. The recommendations can be viewed at http://www.dec.ny.gov/public/47153.html

II. Description of Draft Agency Action Agendas

To address many of the stakeholder recommendations the Task Force has developed two sets of recommendations:

1. General recommendations: These are ten recommendations with a broader reach than an individual agency. All of these recommendations were developed based on common themes found throughout the stakeholder recommendations.

2. Specific recommendations: All specific recommendations are dealt with in the draft Agency Action Agendas section of this plan. These recommendations were directly prompted by stakeholder recommendations. The majority of specific recommendations were directed at the New York State Department of Environmental Conservation (NYS DEC) and New York State Department of Health (NYS DOH).

The draft general recommendations were developed and presented to the stakeholders at a Task Force meeting in November 2008. The Agency Action Agendas were developed over a period of several months; as each was completed the Task Force held a stakeholder review meeting. Other than changes that have been made to address questions, concerns, or additional recommendations from stakeholders throughout the review process, this document does not contain anything that has not already been reviewed by active stakeholders in the process. What has grown out of the compilation of all of the stakeholder recommendations is essentially an environmental justice strategy for New York State government.

III. Information Availability and Public Comment Period

Any person seeking additional information or individual Agency Action Agendas should go to http://www.dec.ny.gov/public/47153.html or contact NYS DEC at the address below:

The Public Comment Period for the draft Agency Action Agendas will close July 10, 2009. Please send any comments to:

New York State Environmental Department of Environmental Conservation
Office of Environmental Justice
625 Broadway, 14th Floor
Albany, New York 12233-1500
Phone: (866) 229-0497 (toll free) or (518) 402-8556
Email EJ

1. US EPA http://www.epa.gov/compliance/environmentaljustice/index.html



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 (PDF) (215 KB) for completing the worksheet, can found on the NYS DEC website. 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 NYSDEC Water Quality Assessment Program including the Waterbody Inventory/Priority Waterbodies List can be found on the NYSDEC 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.


Positive Declaration and Notice of Acceptance of Draft EIS and Public Hearing

Statewide- The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Imazamox (Clearcast) may have a significant adverse impact on the environment and a Positive Declaration was issued and a Supplemental Draft EIS has been prepared and accepted. A public hearing on the Supplemental Draft EIS will be held on June 24, 2009 at 10:00 a.m. at the William K. Sanford Town Library, Stedman Room, 629 Albany Shaker Rd., Loudonville, NY 12211, Phone: (518) 458-9274. Written comments on the Draft EIS will be accepted until July 8, 2009. A hard copy of the Supplemental DEIS is available at all NYS DEC Regional Offices, see following link for locations: http://www.dec.ny.gov/about/50230.html. The Supplemental DEIS is also available on the following website: http://vmanswers.com/uploads/Clearcast_SEIS_RptMay09.pdf.

The action involves the development and acceptance of a Draft Supplemental Environmental Impact Statement to address the environmental and public health impacts from the use of herbicides to control the growth of aquatic vegetation in waters of New York State under the NYS DEC Aquatic Pesticide Permit Program.

The Bureau of Pesticides Management is responsible for the administration of the Aquatic Pesticide Permit Program in New York, under the authority granted by Article 15-0313(4) of the Environmental Conservation Law (ECL) and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 327.

A Generic Environmental Impact Statement (GEIS) was prepared by the NYS DEC in 1981 to address impacts from using aquatic pesticides that were registered for use at that time. This draft supplement to the GEIS will address the potential impacts from the use of the subsequently registered herbicides containing the active ingredient imazamox, trademark Clearcast, to control aquatic vegetation in waters of New York State. The project is located statewide in New York State.

Contact: Martin Williams, NYS DEC - Division of Solid and Hazardous Materials, Bureau of Pesticides Management, 625 Broadway, 11th Floor, Albany, NY 12233-7254, Phone: (518) 402-8781, E-mail: mxwillia@gw.dec.state.ny.us.


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