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ENB - Statewide Notices 9/2/2009

Public Notice

Meeting Notice

The East-of-Hudson Sporting Advisory Committee (SAC) reviews and makes recommendations to the New York City Department of Environmental Protection (NYC DEP) for appropriate recreational uses such as fishing, hiking and hunting for properties acquired under the City's Land Acquisition program. It also allows SAC members to bring local community concerns and preferences to the attention of NYC DEP staff.

Meeting of: The New York City Watershed Protection and Partnership Council East of Hudson Sporting Advisory Committee.

Date: Tuesday, October 13, 2009

Time: 1:00 p.m.

Location: New York State Department of State, The Watershed Protection and Partnership Council Offices, 2 John Walsh Boulevard, Suite 206, Peekskill, NY 10566, Phone: (914) 734-1347.

Contact: Lisa Melville, New York State Department of State, The Watershed Protection and Partnership Council Offices, 2 John Walsh Boulevard, Suite 206, Peekskill, NY 10566, Phone: (914) 734-1347.


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 Street, 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


Notice of New York State Department of Environmental Conservation (NYS DEC) Program Policy

DAR-11: Electronic Reporting

NYS DEC is developing an electronic reporting system for submission of reports and emission statements from facilities subject to Title V permitting. Currently these reports and emission statements are submitted on paper to the NYS DEC - Division of Air Resources and to the United States Environmental Protection Agency. With this new system facility owners can submit these items electronically.

Under this policy the Title V facility owners will be able to submit annual compliance certifications and semi-annual monitoring reports in one of two ways: either on paper, in a format specified in this policy; or electronically, either by direct data entry through a NYS DEC website or by uploading an electronic spreadsheet, in a format specified by NYS DEC. Facilities with state facility permits that have capped out of Title V can submit their annual capping certifications in the same manner. Title V facility owners will also be able to submit annual emission statements in the same manner: either on paper (by downloading a copy of the emission statement) or by direct data entry on a NYS DEC website.

The purpose of this policy is to ease the burden of data submittal for the Title V permit holder and to improve the quality of data in the certifications and emission statements. This policy was put out for public comment on June 24, 2009, and the comment period ended July 24, 2009. The only comments received were from Earthjustice. It supported the policy.

Thomas Christoffel
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3258
Phone: (518) 402-8401
E-mail: trchrist@gw.dec.state.ny.us


Municipalities and Owners/Operators of Public Drinking Water Supply System

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #6 to the Drinking Water State Revolving Fund Intended Use Plan issued September 30, 2008 was published in the August 5, 2009 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #6 closed on August 20, 2009. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

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

Borrower
/County
Project
Description
DWSRF # Current IUP Cost Proposed IUP Cost Explanation
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 distribution system 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 watertreatment 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.

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

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). 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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