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ENB - Statewide Notices 02/24/2010

Public Notice

This notice announces the availability of the Draft New York State 2010 Section 303(d) List of Impaired/TMDL Waters. The list identifies those waters that do not support appropriate uses and that require and are scheduled for development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 45 days, through February 26, 2010.

Background: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to maintain a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State waters. Two components of the CALM are also available for comment. The Assessment Methodology outlines how waters are evaluated by New York State Department of Environmental Conservation (NYS DEC) to determine the degree of use support, and the Listing Methodology outlines the criteria NYS DEC uses to determine what waters are to be included on the Section 303(d) List. These documents are intended to clarify the current and continuing approach to assessment and listing by New York State.

Information: Copies of the Draft New York State 2010 Section 303(d) List and/or the revised Assessment and Listing Methodologies are available on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html. Copies of the List and Methodologies 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. An electronic version of these documents can also be requested by email to: jamyers@gw.dec.state.ny.us.

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to Jeff Myers of the Bureau of Watershed Assessment and Management at the above address, or emailed to: jamyers@gw.dec.state.ny.us.


Hearing Notice

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) will hold legislative public hearings on proposed revisions to 6 NYCRR Part 202, Emissions Verification.

The statutory authority for the amendments to Part 202 are Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 71-2103, 71-2105 and 72-0303 of the NYS Environmental Conservation Law (ECL).

NYS DEC proposes to amend Part 202, Emissions Verification, to make some minor language changes to 202-1 and 202-2. Specifically, in 202-1, NYS DEC is proposing to change Commissioner to Department to more accurately represent the NYS DEC's ability to require stack tests for inventory purposes, as part of the permitting process, and to be more consistent with the language used in 202-2. Within 202-2, NYS DEC is proposing to clarify language and include the reporting of greenhouse gases (GHGs) as part of the existing annual emission statement process.

Hearings on the proposed amendments described above will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: Monday April 12, 2010
Time: 10:00 a.m.
Location: NYS DEC
Public Assembly Room 129-A
625 Broadway
Albany, NY 12233

Date: Tuesday, April 13, 2010
Time: 2:00 p.m.
Location: NYS DEC Annex, Region 2
Hearing Room 106
11-15 47th Avenue
Long Island City, NY 11101

Date: Wednesday, April 14, 2010
Time: 2:00 p.m.
Location: NYSDEC Region 8 Office Conference Room
6274 East Avon-Lima Road (Routes 5 and 20)
Avon, NY 14414

Requests for information and comments related to Part 202 may be obtained from Mike Miliani, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: 202emis@gw.dec.state.ny.us. Written statements may be submitted to NYS DEC at the above address, until 5 p.m., April 21, 2010.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, NYS DEC has prepared a Negative Declaration stating that the proposed actions will not have a significant negative effect on the environment.

NYS DEC invites all persons, organizations, corporations, and government agencies that may be affected by the proposed actions to attend a hearing. At the hearings, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. NYS DEC will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend each hearing.

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by 5:00 p.m., April 5, 2010, to Laura Stevens, NYSDEC, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8451, E-mail: airregs@gw.dec.state.ny.us.

The proposed regulation and associated supporting information may be obtained from any of the following NYS DEC offices:

Region 1 - NYS DEC-Region 1 Office, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790, Attention: Ajay Shah

Region 2 - NYS DEC-Region 2 Office, 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Samuel Lieblich

Region 3 - NYS DEC-Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb

Region 4 - NYS DEC-Region 4 Office, 1130 North Westcott Road, Schenectady, NY 12306, Attention: Donald Spencer

Region 5 - NYS DEC-Region 5 Office, 232 Golf Course Road, P.O. Box 220, Warrensburg, NY 12885, Attention: James Coutant

Region 6 - NYS DEC-Region 6 Office, Watertown State Office Building, 317 Washington Street, Watertown, NY 13601, Attention: Thomas Morgan

Region 7 - NYS DEC-Region 7 Office, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker

Region 8 - NYS DEC-Region 8 Office, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott

Region 9 - NYS DEC-Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203, Attention: Larry Sitzman


Notice of Proposed Rulemaking

6 NYCRR Part 202, Emissions Verification

The New York State Department of Environmental Conservation (NYS DEC) gives notice of the following:

NYS DEC proposes to revise the terms of 6 NYCRR Part 202, Emissions Verification in order to make some minor language changes to 202-1 and 202-2. Specifically, in 202-1, NYS DEC is proposing to change 'Commissioner' to 'Department' to more accurately represent the NYS DEC's ability to require stack tests for inventory purposes, as part of the permitting process, and to be more consistent with the language used in 202-2. Within 202-2, NYS DEC is proposing to clarify language and include the reporting of greenhouse gases (GHGs) as part of the existing annual emission statement process.

For further information, contact: Michael F. Miliani, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail 202emis@gw.dec.state.ny.us


Pursuant to Title 9, Article 54 of the Environmental Conservation Law, the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) hereby gives public notice of the following:

Notice is hereby given, pursuant to Section 49-0305 (9) of the Environmental Conservation Law, that the State of New York acting by and through the New York State Office of Parks, Recreation and Historic Preservation intends to acquire a Conservation Easement from: Chautauqua Watershed Conservancy, Inc., Town of North Harmony, Chautauqua County, New York; Goodwill Theatre, Inc., Village of Johnson City, Broome County, New York; Smithfield Community Association, Inc., Town of Smithfield, Madison County, New York; Center for the Arts of Homer, Inc., Village of Homer, Cortland County, New York; Village of Boonville, Oneida County, New York; The Archaeological Conservancy, Avon, Livingston County, New York; Danby Community Park Association, Inc., Town of Danby, Tompkins County, New York; Adapt CNY, Inc., City of Syracuse, Onondaga County, New York; The Archaeological Conservancy, Town of Tyrone, Schuyler County, New York; Adirondack Architectural Heritage, Village of Keeseville, Clinton County, New York; Saratoga P.L.A.N., Town of Malta, Saratoga County, New York; Lake George Land Conservancy, Inc., Town of Bolton Landing, Warren County, New York; Lake George Association, Village of Lake George, Warren County, New York; Henrietta Foundation, Inc., Town of Henrietta, Monroe County, New York; Landmark Society of the Niagara Frontier, Town of Lancaster, Erie County, New York; Roycroft Campus Corporation, Village of East Aurora, Erie County, New York; Hull House Foundation, Town of Lancaster, Erie County, New York; New York Garden Trust, Inc., City of New York, one in Bronx County and one in New York County, New York: Trust for Public Land, City of New York, New York County, New York; Mohonk Preserve, Town of Rosendale, Ulster County, New York; Women's Studio Workshop, Town of Rosendale, Ulster County, New York; Scenic Hudson Land Trust, Inc., Town of Esopus, Ulster County, New York; Rural Ulster Preservation Company, City of Kingston, Ulster County, New York; Schenectady Rowing Club, Inc., City of Schenectady, Schenectady County, New York; Friends of the Dyken Pond Center, Ltd., Town of Grafton, Rensselaer County, New York; Locust Grove-Young-Morse Historic Site, Town of Poughkeepsie, Dutchess County, New York; City of Beacon, Dutchess County, New York; Columbia Land Conservancy, Inc., Town of Ancram, Columbia County, New York.

For further information, contact: Melinda Scott, NYS OPRHP - Bureau of Grants Management, Empire State Plaza, Agency Building 1, 16th Floor, Albany, New York 12238, Phone: (518) 474-8372, Fax: (518) 486-7377.




Notice of Document Availability and Public Meeting with Comment Period

Technical & Operational Guidance Series (TOGS) 1.4.2 - Compliance and Enforcement of State Pollutant Discharge Elimination System (SPDES) Permits, February 2010

Lead Agency: New York State Department of Environmental Conservation (NYS DEC) - Division of Water, Albany

Brief Description: This document establishes the Division of Water's (DOW) guidance on compliance and enforcement activities related to the State Pollutant Discharge Elimination System (SPDES) program. It provides DOW staff with enforcement options and operating guidelines to implement the compliance component of the program.

The goal of this guidance is to ensure consistent statewide understanding and implementation of the SPDES compliance and enforcement program in order to protect public health and the intended best use of the waters of the state. This guidance supersedes Division of Water Technical and Operational Guidance Series (1.4.2) Compliance and Enforcement of SPDES Permits, dated September 30, 1988.

Staff determined that the issuance of this guidance document is a Type II action pursuant to SEQRA.

Public Meeting: Three informational sessions will be held at the following times and locations:

Date: Monday, March 1, 2010
Time: 1:00 p.m. - 3:00 p.m.
Location: Martha Eddy Room, Home and Farm Center at the NY Fairgrounds, Syracuse, NY

Date: Tuesday, March 9, 2010
Time: 10:00 a.m. - 12:00 p.m.
Location: NYS DEC -Central Office
Room 129 A & B
625 Broadway
Albany, NY

Date: Monday, March 22, 2010
Time: 1:00 p.m. - 3:00 p.m.
Location: Riverfront Library
Community Room A &B
1 Larkin Center
Yonkers, NY

Document Availability: The draft TOGS 1.4.2 can be found on the NYS DEC website in PDF format at: http://www.dec.ny.gov/chemical/62557.html.

Persons unable to access and review the guidance document online should contact Robin Gillespie at (518) 402-8177 for a PDF version or a hard copy.

Public Comment Period: The public comment period will commence on February 24, 2010 and conclude on March 26, 2010.

Questions and comments may be directed to: Meredith Streeter, NYS DEC 625 Broadway, 4th Floor, Albany, NY 12233-3506, E-mail: dowcompl@gw.dec.state.ny.us




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