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ENB - Statewide Notices 7/1/2009

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0903, 11-0905, 11-0907, and 11-1103 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Parts 1, 2, 4 and 6 pertaining to revisions of wildlife management unit boundaries and necessary adjustments to game species hunting and trapping seasons. This notice will be published in issue 26 of the State Register, dated July 1, 2009.

For further information please contact:

Gordon R. Batcheller
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8885
E-mail: grbatche@gw.dec.state.ny.us

Pursuant to the Environmental Conservation Law sections 11-0303 and 11-0907, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Withdrawal to amend 6 NYCRR section 1.22 and 1.27 pertaining to muzzleloading firearm deer seasons in the northern zone, and alternative deer harvest strategies. This notice will be published in issue 26 of the State Register, dated July 1, 2009.

For further information please contact:

Gordon R. Batcheller
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8885
E-mail: grbatche@gw.dec.state.ny.us

Notice of Availability of Draft Commissioner Policy for Groundwater Monitoring Well Decommissioning

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a draft commissioner policy which states that environmental monitoring wells be properly decommissioned when they are no longer needed and re-use by another program is not an option, or when their integrity is suspect or compromised.

Groundwater monitoring wells provide essential access to the subsurface for scientific and engineering investigations (including monitoring wells installed for leak detection purposes). To a degree, every monitoring well is an environmental liability because of the potential to act as a conduit for pollution to reach the groundwater. To limit the environmental risk, a groundwater monitoring well must be properly decommissioned when its effective life has been reached. This document provides procedures to satisfactorily decommission groundwater monitoring wells in New York State. This policy also pertains to other temporary wells such as observation wells, test wells, de-watering wells and other small diameter, non-potable water wells.

The method for decommissioning will be determined based upon well construction and environmental parameters. The method selected must be designed to protect groundwater and implemented according to current best engineering practices while following all applicable federal, state and local regulations. Groundwater Monitoring Well Decommissioning Procedures shall be maintained as an addendum to this policy.

This policy is applicable to all NYS DEC programs that install, utilize and maintain monitoring wells for the study of groundwater, except monitoring wells for landfills regulated under 6 NYCRR Part 360 decommissioned in accordance with those regulations [see 6 NYCRR 360-2.11(a)(8)(vi)] and wells installed under the Oil, Gas and Solution Mining Law, Environmental Conservation Law (ECL) Article 23.

Pursuant to ECL §3-0301(2)(z), written comments regarding this Draft Commissioner Policy will be accepted until July 31, 2009. Comments should be submitted to William Welling, New York State Department of Environmental Conservation - Division of Environmental Remediation, Remedial Bureau E, 625 Broadway, Albany, New York 12233-7017 or E-mailed to: derweb@dec.ny.gov

The Draft Commissioner Policy is available by writing Mr.Welling at the address above or calling (518) 402-9814. A copy may also be found on the NYS DEC's website at: http://www.dec.ny.gov/regulations/2393.html.

Flagging of Air Quality Data Influenced by July 4, 2007 Fireworks Events Collected at the Buffalo New York Continuous Air Monitor

Notice is hereby given that the New York State Department of Environmental Conservation (Department or NYS DEC) proposes to submit a request to the United States Environmental Protection Agency (US EPA) to concur on the Department's "flagging" of air quality data associated with several July 4, 2007 fireworks events at the continuous air quality monitor in Buffalo, New York.

The July 4th fireworks of 2007 in the Buffalo, NY region resulted in the measured FRM-based PM2.5 mass of 50.8 μg/m3. This measurement was found to have been unduly impacted by the activities associated with the July 4th celebrations and has been flagged by NYS DEC as an exceptional event in the electronic data submitted to the US EPA. Data flagging refers to the act of making a notation in a designated field of the federal electronic database. The principal purpose of the data flagging system is to identify those air quality measurements for which special attention or treatment is warranted. These include, but are not limited to, those measurements that are influenced by exceptional events such as fireworks displays.

In accordance with the March 22, 2007 final rule published in the Federal Register (72 FR 13560) addressing the review and handling of air quality monitoring data influenced by exceptional events, the Department has prepared a justification and a request for US EPA's concurrence on the flagging of this data. After US EPA has concurred on the flag, the data will be excluded from future regulatory decisions such as determinations of attainment or nonattainment.

A 30 day public comment period is being provided on this proposal. Written comments should be submitted by August 1, 2009 to: Matthew Reis, NYS DEC - Division of Air Resources, 625 Broadway - 2nd Floor, Albany, New York, 12233-3251 or by E-mail to: dar.sips@dec.ny.gov.

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: 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@dec.ny.gov. 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: 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: 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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