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ENB - Statewide Notices 7/15/2009

Public Notice

Notice of Proposed Rule Making to Amend 6 NYCRR Section

Pursuant to the Environmental Conservation Law sections 11-0303 and 11-0913 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR section 1.20 pertaining to deer management permits - application and issuance. This notice will be published in issue 28 of the State Register, dated July 15, 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 Adoption

New York State Department of Environmental Conservation

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

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103 and 71-2105 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on June 26, 2009, to be effective July 30, 2009, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; and adopt new Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles.

The purpose of Part 248 is to address the public health threat posed by the combustion of diesel fuel. Diesel exhaust particle pollution is a clear and present health threat to New York residents. Diesel exhaust is linked to premature death, asthma attacks, and cardiovascular disease. Implementing the Part 248 requirements will reduce particulate emissions from certain heavy duty vehicles.

For further information, contact:

Joseph Iannotti
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292
E-mail: airregs@gw.dec.state.ny.us



Notice of Adoption

New York State Department of Environmental Conservation

6 NYCRR Part 200, General Provisions
6 NYCRR Part 239, Portable Fuel Container Spillage Control

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0101, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on June 26, 2009, to be effective July 30, 2009, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; and Part 239, Portable Fuel Container Spillage Control.

These regulations will require portable fuel containers, which are distributed in the State of New York, to comply with the Federal Standard described in 40 CFR Part 59. The proposed revisions outline a different compliance test procedure which will maintain lower volatile organic compound (VOC) emissions while allowing manufacturers more flexibility in the design of the containers. Compliance with the proposed regulations will reduce VOC emissions which is a precursor to the formation of ground level ozone.

For further information, contact:

Ona Papageorgiou
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3251
Phone: (518) 402-8396
E-mail: airregs@gw.dec.state.ny.us


Final Amendment No. 1 to the FFY 2009 CWSRF Intended Use Plan

Additional Funding; Amended Annual Project Priority List

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2009 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September 2008, is amended.

Amendment No. 1 reflects adjustments to the sources and uses of funds available for the remaining FFY 2009 IUP financing period through an increase in the CWSRF appropriation to New York State in the amount of $432 million from the American Recovery and Reinvestment Act (ARRA). Of this appropriation, 50% ($216 million) will be used for additional subsidization. Additional subsidization for project costs eligible for ARRA funding will be available to both hardship and non-hardship projects. Also, not less than 20% ($86 million) will be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative projects, to the extent that qualifying applications are received.

These additional funds, as well as FFY 2009 funds, are being used to finance projects on the final amended CWSRF 2009 IUP Annual Project Priority List that meet ARRA requirements described in the Amendment. Priority for ARRA funds will be given to projects that can start construction within a short time frame.

For projects on the 2009 Final IUP Annual List below the Contingency Lines in Categories A and B, and those projects moved to the Category D Annual List from the Category D Multi-Year List as a result of this amendment, the deadline for submitting project financing applications was extended to April 3, 2009.

The comment period for Amendment No. 1 to the 2008 CWSRF IUP remained open until the close of business, Friday, April 3, 2009. No public comments were received that affected projects to be funded in the current IUP financing period or necessitated revision of the amendment. Therefore, Amendment No. 1 is considered final.

The Final Amendment No. 1 to the 2009 CWSRF IUP will be available on the NYS EFC website at: www.nysefc.org (click on "Programs," then "Clean Water State Revolving Fund," then "IUP and Amendments"). A copy of Final Amendment No. 1 can also be requested by calling the NYS EFC toll-free line at 800-882-9721 or at (518) 402-7433.


Draft Amendment No. 2 to the FFY 2009 CWSRF Intended Use Plan

Announced ARRA Projects List

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2009 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September 2008, is being amended.

The CWSRF appropriation to New York State from the American Recovery and Reinvestment Act (ARRA) was $432 million as described in Amendment No.1. Amendment No. 2 provides a list of wastewater projects previously announced as candidates to receive economic recovery funds. Projects in the FFY 2009 CWSRF Annual List Categories A, B and D have been identified as candidates to receive ARRA funds in the form of principal forgiveness in the amount of $145 million. Additional ARRA announced wastewater project awards will be listed in a subsequent 2009 CWSRF IUP amendment.

The Draft Amendment No. 2 will be available on the NYS EFC website at: www.nysefc.org (click on "Programs," then "Clean Water State Revolving Fund," then "IUP and Amendments"). A copy of Draft Amendment No. 2 can also be requested by calling the NYS EFC toll-free line at 800-882-9721 or (518) 402-7433.

Written comments on Amendment No. 2 to the CWSRF IUP will be accepted by mail, e-mail, or fax until close of business, Friday, July 31, 2009.

Comments should be addressed to:

David Morseman
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-7433
FAX: (518) 402-7456
E-mail: iupcomments@nysefc.org


Availability for Comment on Draft TMDLs

This notice announces the availability of Phosphorus Total Maximum Daily Load (TMDL) revisions as proposed for the East Branch Reservoir relative to the draft State Pollutant Discharge Elimination System (SPDES) permit for the Peach Lake Environmental Center Wastewater Treatment Plant (WWTP). Public comment on these documents will be accepted for 30 days, through August 14, 2009.

Background: Phase II TMDLs for the nineteen reservoirs in the New York City Watershed were submitted by the New York State Department of Environmental Conservation (NYS DEC) to the United States Environmental Protection Agency (US EPA) in June of 2000. These TMDLs were ultimately approved by US EPA on October 17, 2000.

The New York City Watershed Memorandum of Agreement (January, 1997) described the process for developing phosphorus TMDLs in the watershed. Phase II Phosphorus TMDLs have been an important part in the overall effort to protect the New York City reservoirs from the adverse effects of excessive nutrient loadings. As a result of the Peach Lake Phosphorus TMDL and the planned construction of the Peach Lake Environmental Center WWTP, NYS DEC is proposing a revision of the East Branch Reservoir TMDL for phosphorus that will result in a net decrease in phosphorus loading to the East Branch Reservoir. Specifically:

The Draft SPDES Permit for the Peach Lake Environmental Center WWTP includes a phosphorus limit of 0.1 mg/l. This is not a new source of phosphorus to the East Branch Reservoir. The sewering of the Peach Lake watershed will both eliminate phosphorus loads from on site septic systems to Peach Lake and significantly reduce current phosphorus loads to the East Branch Reservoir. The phosphorus loading from on site septic systems in the Peach Lake watershed had previously been accounted for in the nonpoint source load or load allocation (LA) component of the East Branch Reservoir Phosphorus TMDL. The drafting of the aforementioned SPDES permit necessitates a shifting of the on site septic system phosphorus load to the point source or waste load allocation (WLA) component.

Information: Copies of the proposed draft plans can be found on the NYS DEC website at: www.dec.ny.gov/chemical/23835.html#small, or by contacting the NYS DEC Bureau of Water Assessment and Management by mail at: 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179, or via email at dmwicker@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by close of business August 14, 2009 will be considered prior to submitting the final TMDLs to the EPA for approval.


Availability for Comment on Draft TMDLs

This notice announces the availability of a DRAFT Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) to address each of three specific waterbodies:

Peach Lake, Putnam and Westchester Counties
Snyders Lake, Rensselaer County
Summit Lake, Schoharie County

These are lakes that are impaired by phosphorus. Public comment on these documents will be accepted for 30 days, through August 14, 2009.

Background: States are required by Section 303(d) of the Clean Water Act and the United States Environmental Protection Agency's (US EPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed phosphorus TMDL for Peach Lake will rely on the elimination of loading from on-site septic systems by sewering the watershed to address existing water quality impairments. The Snyders Lake TMDL will focus on reductions from developed land regulated under the general permit for stormwater (MS4 program). The Summit Lake TMDL recommends load reductions from on-site septic systems as the most technically achievable method of addressing existing water quality impairments.

Information: Copies of the proposed draft plans can be found on the NYS DEC website at: www.dec.ny.gov/chemical/23835.html#small, or by contacting the NYS DEC Bureau of Water Assessment and Management by mail at: 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179, or via email at: dmwicker@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by close of business August 14, 2009 will be considered prior to submitting the final TMDLs to the EPA for approval.


Finalization of Program Policy

The New York State Department of Environmental Conservation (NYS DEC) - Office of Air Resources, Climate Change, and Energy has issued the final Program Policy:

Assessing Energy Use and Greenhouse Gas Emissions in Environmental Impact Statements.

This Policy provides instructions to NYS DEC staff for their preparation or review of an environmental impact statement that includes a discussion of energy use or greenhouse gas emissions. It identifies the boundaries and methods for the assessment of greenhouse gas emissions and mitigation measures.

NYS DEC has classified this as an Unlisted action under SEQR [ECL Article 8; 6 NYCRR Part 617] and has issued a Negative Declaration.

The Program Policy and the Negative Declaration can be obtained from the NYS DEC website: www.dec.ny.gov/regulations/56552.html or by contacting: John Marschilok, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8448.


Program Materials Availability

The New York State Department of Environmental Conservation (NYS DEC) has prepared the following Program Materials in accordance with 6 NYCRR Part 242, CO2 Budget Trading Program, Subpart 10: (1) for independent verifiers, (a) Application for Accreditation forms and (b) Pre-Engagement Disclosure Submittal forms; and (2) for project sponsors, Consistency Application forms, Monitoring and Verification Report forms, and related instructional documents for the award of CO2 offset allowances for (a) reduction or avoidance of CO2 emissions from gas, oil, or propane end-use combustion due to end-use energy efficiency and (b) avoided methane emissions from agricultural manure management operations.

The CO2 Budget Trading Program allows for the award of CO2 offset allowances for projects that meet the requirements of Subpart 242-10. To apply for award of CO2 offset allowances, a project sponsor must submit a Consistency Application and Monitoring and Verification Report to the Department. The forms and instruction materials for the offset project categories described above are available on the NYS DEC website at: www.dec.ny.gov/energy/53449.html.

The CO2 Budget Trading Program requires that both Consistency Application and Monitoring and Verification Report submittals include a signed verification statement and verification report from an accredited independent verifier. Independent verifiers must be accredited by NYS DEC. In order to become accredited, a verifier must submit an Application for Accreditation. Moreover, prior to engaging with a project sponsor, an accredited verifier must submit a Pre-Engagement Disclosure Submittal to the Department. Both the Application for Accreditation forms and the Pre-Engagement Disclosure Submittal forms are available on NYS DEC website at: www.dec.ny.gov/energy/53449.html.

For projects commenced on or after January 1, 2009, the project sponsor must submit a Consistency Application and all appropriate forms by the applicable deadlines in 6 NYCRR Subpart 242-10.

The project sponsor's inability to fully complete the Consistency Application or Monitoring and Verification Report forms pertaining to the accredited independent verifier information will not, in and of itself, disqualify such project sponsor from receiving an award of CO2 offset allowances, provided that the forms are submitted to the Department by the applicable deadlines in 6 NYCRR Subpart 242-10.

Pursuant to Environmental Conservation Law § 3-0301(2)(Z), NYS DEC is not accepting formal public comment on these Program Materials. Given the applicable submission deadlines for these materials, accepting formal public comment would delay or otherwise impede compliance with 6 NYCRR Subpart 242-10. Notwithstanding this, any questions or concerns regarding these Program Materials may be directed to: John Marschilok, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY, 12233-1030, E-mail: jxmarsch@gw.dec.state.ny.us.




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 (PDF, 243 Kb), can found on the NYS DEC website at: www.dec.ny.gov/docs/water_pdf/pwlwrksht.pdf. 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: 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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