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ENB - Statewide Notices 8/5/2009

Public Notice

Preliminary Rulemaking Proposal for Public Comment

Proposal: Amend 6 NYCRR Part 370 Series Hazardous Waste Management Regulations To Adopt: Certain Federal Changes from January 2002 through December 2008; Federal MACT Rules from 1999 to present; and State Initiated Changes.

New York State Department of Environmental Conservation (NYS DEC) is beginning the rulemaking process to update the Part 370 Series hazardous waste management regulations to incorporate most federal changes made from January 22, 2002 through December 19, 2008, not already adopted; changes related to Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (MACT Rules) from September 30, 1999 to present; and State initiated changes, including clarifying language and correction of errors found in the regulations. Some State initiated changes will lessen the stringency in State regulation, but will still be more stringent than federal regulations.

Information on this effort can be found on line at: http://www.dec.ny.gov/chemical/56764.html.

Public comment on these proposed changes is requested by November 1, 2009. In particular, public input on the potential environmental or economic costs or benefits of any of these changes is requested.

Comments should be sent by close of business November 1, 2009 to:

Antoinette Norfleet
NYS DEC - Division of Solid & Hazardous Materials
625 Broadway, 9th Floor
Albany, NY 12233-7252

Comments can also be sent by e-mail to: hwregs@dec.ny.gov.

Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) propose to amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 30, 2008 to adjust the estimated project costs for five DWSRF projects listed on the Project Readiness List. The explanations of the reasons for the projects' cost revisions are included in the table below:

Borrower County Project
DWSRF # Current
IUP Cost
IUP Cost
Richland (T) Oswego New SWTR compliance
facility, new
ground water source, new transmission,
new storage,
new distribution system.
17538 $0 $2,400,000 The cost increase is a result of actual project bids received after short term closing.
Hounsfield (T) Jefferson New distribution system, new system consolidation, upgrade storage. 17321 $0 $450,670 The scope/cost increase is a result of actual project bids received after short term closing and the subsequent inclusion of storage tank replacement.
Adams (V) Jefferson Upgrade water treatment plant, upgrade
17301 $2,250,000 $2,500,000 The cost increase is a result of revised estimates from the project engineer.
Caneadea (T) Allegany WD Extension, New Source, Treatment, 17382 $205,000 $3,648,000 Cost increase to due to bids higher than original engineering estimate.
Warwick (V) Orange New treatment plant for Well #2 and upgrade existing surface water treatment plant, New
Surface Water Treatment Rule Compliance
Facility, Upgrade Water Treatment Plant
17493 $2,000,000 $2,210,052 Cost increase to due to bids higher than original engineering estimate.

The NYS DOH has determined that the revised projects' cost increases are necessary, reasonable and consistent with the original projects' concepts. In addition, the scope of the projects has not changed, nor have we altered the projects' priority rankings in any way. The projects' cost increases 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.

Written statements or comments on the above DWSRF project cost revision will be accepted by fax or mail until close of business on August 20, 2009 and should be filed with:

Victor E. Pisani
NYS DOH - Bureau of Water Supply Protection
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Fax: (518) 402-7659

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: 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.

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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