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ENB - Statewide Notices 9/23/2009

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0307, 11-0903, 11-0905, 11-0909, and 11-0917, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR section 2.30 pertaining to migratory game birds. This notice will be published in issue 38 of the State Register, dated September 23, 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 Proposed Rule Making

New York State Department of Environmental Conservation Region 3 through Region 6

Pursuant to Environmental Conservation Law Sections 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(d), 3-0301(2)(m) and 9-0105(1) the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Addition of a new section 196.8 to 6 NYCRR

Purpose: To prohibit the use of motorized equipment on wilderness, primitive and canoe areas in the Adirondack Park and on wilderness or primitive bicycle corridor in the Catskill Park to enforce master plan guidelines.

For further information:

Peter Frank
NYS DEC - Division of Lands and Forests
Bureau of Forest Preserve Management
625 Broadway, 5th floor
Albany, NY 12233-4254
Phone: (518) 473-9518

Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The New York Invasive Species Council is convening its sixth regular meeting on:

Date: Wednesday, October 7, 2009

10:00 a.m. to 1:00 p.m.

NYS Department of Agriculture and Markets
Produce Room
10 B Airline Drive
Albany, NY

The Council comprises nine State agencies and is co-led by the New York State Department of Environmental Conservation and the New York State Department of Agriculture and Markets.

This meeting is open to the public. Attendees will be required to show a drivers license or other photo ID at the Security Desk.

Contacts: Assistant Commissioner Christopher Amato, NYS DEC, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8533 or Deputy Commissioner Jacqueline Moody-Czub, New York State Department of Agriculture and Markets, 10 B Airline Drive, Albany, NY 12235, Phone: (518) 457-0752.

Drinking Water State Revolving Fund (DWSRF)

DWSRF Emergency Regulation Revisions

The New York State Environmental Facilities Corporation (NYS EFC) has adopted emergency amendments to the New York State Drinking Water Revolving Fund (DWSRF) Regulations, currently codified under 21 NYCRR Part 2604. The DWSRF program was created and is jointly administered by the New York State Department of Health and NYS EFC pursuant to Chapter 413 of the Laws of 1996.

The emergency rule amends 21 NYCRR Part 2604 to set forth rules and procedures whereby EFC can implement the requirements and objectives of Public Law 111-5, also known as the American Recovery and Reinvestment Act of 2009, in order to enable the DWSRF to accept and expend federal funds to stimulate the economy and to retain and create jobs for the benefit of the people of New York State.

The proposed NYS EFC DWSRF emergency regulations were filed with the New York State Department of State on September 9, 2009, and are effective as of that date. The notice of emergency adoption will be published in the State Register on September 30, 2009.

The NYS EFC DWSRF emergency regulation revisions are available on the NYS EFC web page at: www.nysefc.org (Click on "Programs", then "Drinking Water State Revolving Fund", then "Regulations").

For a copy of the EFC DWSRF emergency regulation revisions, or information on the DWSRF program, please contact:

David Morseman
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 (within NYS only) or (518) 402-7433
Fax: (518) 402-7456
E-mail: morseman@nysefc.org

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 be 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 NYSDEC 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 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 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 Changes to the Environmental Benefits Projects Policy

The New York State Department of Environmental Conservation (Department or NYS DEC) announces draft revisions to its policy regarding Environmental Benefits Projects (EBPs). This Draft Revised Policy would replace the existing EBP policy (CP-37). The Draft Revised Policy provides guidance to Department staff and the regulated community regarding the Department's use of EBPs in the settlement of enforcement actions.

Among the changes to the existing CP-37, the Draft Revised Policy: (1) recognizes the Department's discretion to have a respondent make a payment to a designated entity or fund for implementation of an approved project; (2) states a preference, instead of a mandate, for a project to have a geographic nexus to the violation(s); (3) states a preference for projects that have a pollution prevention component; (4) eliminates or eases certain limitations on EBPs (i.e., elimination of the requirement for a payable penalty of at least 20% of the calculated payable penalty in favor of a more flexible standard of a "material payable penalty"; elimination of the prohibition of claiming a tax benefit from an EBP); (5) allows consideration of projects that achieve significantly early compliance or significantly exceed minimum compliance; (6) states a preference for specified EBPs over unspecified EBPs; (7) where a respondent agrees to an unspecified EBP, requires an approvable specified EBP be proposed within a year; (8) broadens the financial assurance mechanisms available for use; and (9) allows for the reimbursement of extraordinary expenses incurred by the Department in overseeing implementation of an EBP.

In accordance with Section 3-0301.2(z) of the Environmental Conservation Law, written comments regarding the Draft Revised Policy will be accepted for thirty (30) days after the date of publication of this Notice in the Environmental Notice Bulletin. Comments should be submitted to Elissa Armater, NYS DEC, 625 Broadway 14th Floor, Albany, New York 12233-1500.

In addition, copies of the Draft Revised Policy are available for public inspection in the Department's main office at the above address and in each of the Department's nine regional offices. The Draft Revised Policy is also available at the Department's website: www.dec.ny.gov/regulations/57989.html. In addition, the Draft Revised Policy is available by writing or calling Elissa Armater, at NYS DEC, 625 Broadway, 14th Floor, Albany, New York 12233-1500, Phone: (518) 402-9509.

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