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ENB - Statewide Notices 6/8/2011

Public Notice

Pursuant to the Environmental Conservation Law sections 3-0301, 11-0325, and 13-0330, 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 Part 50 pertaining to miscellaneous marine species and the NYS DEC Commissioner's authority to prohibit the harvest of carnivorous gastropods from areas designated as uncertified for the harvest of shellfish due to the presence of marine biotoxins. This notice will be published in Issue 23 of the State Register, dated June 8, 2011.

For further information, please contact:

Kim McKown
NYS DEC - Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0444
E-mail: kamckown@gw.dec.state.ny.us


State Pollutant Discharge Elimination System (SPDES) Priority Ranking List 2011/2012

The New York State Department of Environmental Conservation (NYS DEC) is providing the Environmental Benefit Permit Strategy (EBPS) priority rankings in conformance with section 17-0817(6) of the Environmental Conservation Law. The lists are based on a ranking system that prioritizes permits for full technical review and, when necessary, modification. The full technical review is conducted in one of nine regional offices or the central office, depending on the location of the discharge and whether the permit has been assigned to the central office based on USEPA designation as a major discharge or state designation as a centralized significant industrial permit.

The EBPS priority ranking system should not be confused with the SPDES permit renewal process. Most permits are renewed prior to expiration by a separate administrative procedure. At times, these renewals will be delayed to address necessary modifications to the permit.

The 2011/2012 SPDES permit lists can be viewed at the NYS DEC website: http://www.dec.ny.gov/permits/6054.html. The lists are based on ranking scores and reflect the priority list for each office. The ranking scores are updated on a continuous basis due to the discovery of new information and the issuance of modifications that eliminate the factors which go into each score. Each of the ranking lists includes the factors that make up each of the scores for each of the permits on the lists. The top 10% of each list represents a workload objective during this fiscal year. Additional information describing the EBPS process follows the ranking lists, and is also available by contacting the Bureau of Water Permits at: (518) 402-8111 or by e-mail at bjhorton@gw.dec.state.ny.us, or at the address listed below.

Any interested party may provide, at any time, substantive comments requesting a change in a permit's rank based on the grounds that newly discovered material information exists; that a material change in environmental conditions has occurred; or that relevant technology or applicable law or regulations have changed since the issuance of the existing permit. All such requests shall be in writing and contain facts or reasons supporting the request. Comments must be sent to: Director, Bureau of Water Permits, NYS DEC, 625 Broadway, Albany, NY 12233-3505.

Contact: Barb Horton, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8111, E-mail: bjhorton@gw.dec.state.ny.us.


Data Solicitation for 2012 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) 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, 2012. 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 2012 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 reassessed. This rotating basin approach allows for a reassessment 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 the 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 use of this data and information may 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 2012 CWA Section 303(d) List, data and information must be received by September 30, 2011. 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 United States Environmental Protection Agency (US EPA) by April 1, 2012.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2012 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: http://www.dec.ny.gov/chemical/23846.html. Worksheet information can also be obtained by contacting Jeff Myers at 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 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 2012 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: http://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: http://www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179.


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