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ENB - Statewide Notices 8/12/2009

Public Notice

Pursuant to the Environmental Conservation Law Articles 15, 33, and 17, 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 325.7 pertaining to exemption for application of 100 percent corn oil to bird eggs. This notice will be published in issue 32 of the State Register, dated August 12, 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 of Amendments Dam Safety Regulations

Purpose: In February 2008, the New York State Department of Environmental Conservation (NYS DEC) issued proposed dam safety regulations. In May 2009 NYS DEC issued Revised Draft regulations. NYS DEC now announces adoption of the regulations.

These adopted regulations contain amendments to Part 673 and to portions of Parts 608 and 621 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR).

The adopted revisions emphasize and detail the responsibilities of dam owners to keep structures in a safe condition and, to be consistent with the statute, enhance NYS DEC's authority to help ensure the responsibilities are fulfilled.

Statutory Authority: Chapter 364, Laws of 1999 amended ECL Sections §15-0503, §15-0507 and §15-0511 to expressly require all dam owners - whether or not subject to a NYS DEC permit under ECL §15-0503 - to operate and maintain such structures in a safe condition. The statutory amendments explicitly authorize NYS DEC to adopt regulations requiring dam owners to prepare safety programs including inspections, monitoring, maintenance and operation, and emergency plans, where failure of the dam could cause personal injury, substantial property damage or substantial natural resource damage. This safety program is defined by the adopted revision to Part 673. The 1999 statutory amendments modified enforcement provisions in Article 71. These changes are also reflected in the adopted revisions to Part 673. The 1999 statutory amendments also increased dam size thresholds for dam construction permits issued by the Department. This change is reflected in the adopted modifications to Part 608.

Chapter 17, Laws of 2006 amended the ECL by adding a new Section §15-0516 regarding distribution of department inspection reports of dam safety for intermediate and high hazard dams. This is reflected in adopted language in Part 673.

The adopted revisions to Subpart 621.4 classify, categorize, and designate most dam construction permit applications as Major projects for the purpose of administrative processing by NYS DEC.

Availability: A single paper copy of the regulations, or a single CD of the entire rule adoption package, are available for free upon request by writing or calling to Department as listed below:

All requests for the rule adoption package must be addressed to:

Alon Dominitz
NYS DEC - Division of Water
Dam Safety Section
625 Broadway
Albany, NY 12233-3504
Phone: (518) 402-8151
E-mail: damsregs@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, 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@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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