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ENB - Statewide Notices 7/20/2011

Public Notice

Prohibiting Smoking at Pine Hill Day Use Area - operated by the New York State Department of Environmental Conservation (NYS DEC).

To address problems associated with litter and to ensure a healthy and enjoyable environment for visitors, NYS DEC is proposing that smoking be prohibited on the sanded area of the beach and within 30 feet of any NYS DEC building at Pine Hill Day Use Area at Belleayre Mountain.

Comments will be accepted by the contact listed below until August 20, 2011

Contact: Heather Clark, NYS DEC - Division of Operations, 625 Broadway, 3rd Floor, Albany, NY 12233, Phone: 518 402 9060, E-mail: hlclark@gw.dec.state.ny.us.

New York State Department of Environmental Conservation (NYS DEC) Policy on Best Technology Available (BTA) for Cooling Water Intake Structures

This policy was finalized and signed by Commissioner Martens on July 10, 2011. The policy Commissioner Policy #52 (CP #52) includes guidance to NYS DEC staff on the process of making BTA determinations for power plants and other industrial facilities with cooling water intake structures that use waters of New York State for non-contact industrial cooling and electric generation. A draft of the policy was released for public notice and comment in March 2010. Following public review, meetings were held with various stakeholders to discuss comments and questions on the draft policy. The revised, final policy is available on the NYS DEC public website at: http://www.dec.ny.gov/animals/32847.html, along with the Response to Comments and final SEQR Negative Declaration.

Contact: Chuck Nieder, NYS DEC - Division of Fish, Wildlife and Marine Resources, 625 Broadway, 5th Floor, Albany, NY 12233-4756, E-mail: wcniederweb@dec.ny.gov.

Notice of Proposed Rule Making

6 NYCRR Parts 821, 847 and 878

Pursuant to Environmental Conservation Law Sections 17-0301 and 17-0303

The New York State Department of Environmental Conservation (NYS DEC) - Division of Water is proposing to revise 6 NYCRR Parts 821, 847 and 878. These revisions will correct racially offensive names contained in these regulations.

These revisions have been identified as a consensus rule making because the NYS DEC - Division of Water has determined that it is unlikely there will be any objections to these changes.

The Notice of Proposed Rule Making is expected to be published in the July 20, 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

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 regardingSection 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.

Final Amendment No. 3 to the FFY 2011 CWSRF Intended Use Plan

Amended Funding Amounts and FFY 2010 Additional Subsidization and Green Project Reserve

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2011 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF), dated October 2010, is amended.

The FFY 2010 federal appropriation for the CWSRF included a requirement that certain funds be utilized for additional subsidization and also for Green Project Reserve (GPR). This final amendment includes a list of the specific projects to be provided with additional subsidization and also an amount of GPR for each of those projects.

The amendment also includes a description of revised sources and uses of funds for FFY 2011. The revisions are in response to the final FFY 2011 budget passed in April 2011.

Finally, the amendment includes funding for one project that will be converted from a leveraged to a direct financing as part of the 2011 pooled financing set to close in July 2011.

The Final Amendment No. 3 is available on the NYS EFC website at: www.efc.ny.gov.

Written comments on Amendment No. 3 to the CWSRF IUP were accepted until close of business, Friday, July 1, 2011. No comments were received regarding the draft amendment.

For information regarding the Clean Water State Revolving Fund, please contact:

Timothy P. Burns
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-7396
Fax: (518) 402-7456
E-mail: iupcomments@efc.ny.gov

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