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ENB - Statewide Notices 6/29/2011

Public Notice

Pursuant to the Environmental Conservation Law sections 3-0301, 11-0303, 11-0305 and 11-0325 the New York State Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Parts 10, 19, 35 and 188 pertaining to the transportation of uncertified bait fish by anglers, sale of bait fish by anglers, and fish health inspection requirements. This notice will be published in issue 26 of the State Register, dated June 29, 2011.

For further information, please contact:

Shaun Keeler
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany NY 12233-4753
Phone: (518) 402-8928
E-mail: sxkeeler@gw.dec.state.ny

Notice of Adoption

6 NYCRR Part 702, Derivation and Use Standards and Guidance Values

Pursuant to Environmental Conservation Law Sections 3-0301, 15-0313, 17-0301, 17-0303, and 17-0809

The New York State Department of Environmental Conservation (NYS DEC) - Division of Water (DOW) has revised 6 NYCRR Part 702, "Derivation and Use Standards and Guidance Values." The revisions correct a long-standing technical error in Section 702.17, "Variances to effluent limitations based on standards and guidance values."

In 2003, NYS DEC repealed Part 754, "Provisions of SPDES Permits." However, two references to Part 754 in Section 702.17 were left in place. Rulemaking was necessary to remove the references to Part 754 and replace them with the appropriate citation.

6 NYCRR Section 702.17 contained references to Part 754 in 702.17(a)(4) and 702.17(b)(6). The rulemaking replaced the above references to section 754.1 with references to subdivision (a) of Section 750-1.11, "Application of standards, limitations and other requirements."

The Notice of Adoption is expected to be published in the July 6, 2011 State Register.

For Further Information:

Robert Simson
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8271

Public Notice for draft General Counsel Program Policy

The New York State Department of Environmental Conservation (NYS DEC) has prepared the draft Program Policy: "OGC-9: Public Right of Navigation and Fishing".

This draft program policy is intended to address staff's need for guidance regarding the public rights of navigation and fishing. As such, this document will serve as General Counsel Policy with respect to Office of Public Protection officers, including both Environmental Conservation Officers and Forest Rangers, to carry out their enforcement responsibilities. The draft Program Policy can be obtained at: http://www.dec.ny.gov/regulations/74771.html.

Written comments on the draft Program Policy will be accepted for 30 days from the date of publication of this notice. Written comments should be addressed to Kenneth Hamm at the below-mentioned address. In addition, comments may be submitted via e-mail to: krhamm@gw.dec.state.ny.us.

Contact: Kenneth Hamm, NYS DEC - Office of General Counsel, 625 Broadway, Albany, NY 12233-1500, Phone: (518) 402-9521, E-mail: krhamm@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 be 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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