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ENB - Statewide Notices 8/26/2009

Public Notice

Statewide Trails Council Meeting

Date: September 19, 2009
Time: 11:00 a.m. to 3:00 p.m.
Location: Schodack Island State Park (off 9J)
1 Schodack Island Way
Schodack Landing, NY 12156

Agenda:

  • Delegate Reports and Concerns
  • Agency Reports
    • Office of Parks Recreation and Historic Preservation (OPRHP)
      • Park Trail Maps
      • Master Plans
      • Trail Plans
      • State Trails Plan
      • Website
      • Signage Manual
      • Trail Survey
      • RTP
      • Champlain Canalway Trail
      • Volunteer forms
      • Trail Support
    • New York State Department of Environmental Conservation (NYS DEC)
      • Unit Management Plan (UMP)

Contact: Robert W. Reinhardt, OPRHP, State Trails Coordinator, Phone: (518) 474-0415.


Final Amendment No. 2 to the FFY 2009 CWSRF Intended Use Plan Announced American Recovery and Reinvestment Act 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 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 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. Additional ARRA announced wastewater project awards will be listed in a subsequent 2009 CWSRF IUP amendment.

The comment period for Amendment No. 2 to the 2009 CWSRF IUP remained open until the close of business, Wednesday, August 12, 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. 2 is considered final.

The Final Amendment No. 2 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. 2 can also be requested by calling the NYS EFC toll-free line at: (800) 882-9721 or at: (518) 402-7433.


Environmental Board Meeting

The New York State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., September 1, 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:

6 NYCRR Part 252, Environmental Performance Labels and 6 NYCRR Part 200, General Provisions

6 NYCRR Part 235, Consumer Products and 6 NYCRR Part 200, General Provisions

6 NYCRR Part 215, Open Fires; 6 NYCRR Part 191, Forest Fire Prevention, and 6 NYCRR Part 621, Uniform Procedures

This meeting is open to the public.

Ruth L. Earl
Executive Secretary
State Environmental Board

This meeting will be webcast. To observe the meeting go to: http://www.dec.ny.gov/public/36245.html.


Guidelines for Conducting Bird and Bat Studies at Commercial Wind Energy Projects

New York State Department of Environmental Conservation (NYS DEC) has updated its Guidelines for Conducting Bird and Bat Studies at Commercial Wind Energy Projects. The Guidelines were developed through a stakeholder process sponsored by the New York State Energy Research and Development Authority (NYSERDA) that included industry representatives, as well as bird and bat biologists from government agencies, academia and non-governmental environmental groups. The recommended studies described in the Guidelines are based on NYS DEC's current knowledge of the best procedures for conducting thorough and meaningful pre- and post-construction studies. As the recommended studies are conducted at more projects throughout the state, the Guidelines will be further fine-tuned to ensure that methodologies employed to fill data needs remain efficient, effective and accurate.

The most recent updates to the Guidelines dated August 2009 include the following:

  • Clarification of the objectives of the post-construction studies (p. 6).
  • Modifications to the timing and duration of post-construction studies (pp. 12-13).
  • Changes to the general wording of NYS DEC's recommendation process (throughout).
  • Editorial changes to improve the flow of the document (throughout).

The revised document can be found on the NYS DEC website at: http://www.dec.ny.gov/energy/40966.html.

Contact: Brianna Gary, NYS DEC - Division of Fish, Wildlife and Marine Resources, Bureau of Habitat, 625 Broadway, 5th Floor, Albany, NY 12233-4756, Phone: (518) 402-8858, E-mail: bmgary@gw.dec.state.ny.us.


Pollution Prevention and Environmental Compliance Coordinating Council

The Pollution Prevention and Environmental Compliance Coordinating Council hereby gives notice that a meeting of the Council will be held from 3:00 p.m.- 5:00 p.m., September 10, 2009 in the 11th floor conference room of the New York State Foundation for Science, Technology and Innovation's main offices at 30 South Pearl St., Albany, New York.

Council members include: the New York State Department of Environmental Conservation, the New York State Environmental Facilities Corporation, the Empire State Development, the New York State Energy Research and Development Authority and the New York State Foundation for Science, Technology and Innovation.

The Council will consider the following:

  • ERP update
  • Enforcement Discretion Policy update
  • P2 Targeting Study Report
  • Small Business Manuals update
>

This meeting is open to the public.

Aida M. Potter
Pollution Prevention and Environmental Compliance Coordinating Council
New York State Department of Environmental Conservation
625 Broadway
Albany, New York 12233-1750
Phone: (518) 402-9163
Fax: (518) 402-9168


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.


Notice of Acceptance of Final Supplemental EIS

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Final Supplemental Environmental Impact Statement on the proposed Use of the Herbicide Clearcast. A copy of the Final SEIS is available at all NYS DEC Regional Offices and on-line at: http://vmanswers.com/uploads/Clearcast_SEIS_RptMay09.pdf. The action involves the use of registered herbicides containing the active ingredient imazamox, trademark Clearcast, to control 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 NYS DEC in 1981 to address environmental impacts of using aquatic pesticides that were registered for use at that time. The acceptance of this supplement to the GEIS as Final will address the potential environmental impacts from the use of the subsequently registered herbicides containing the active ingredient imazamox.

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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