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ENB - Statewide Notices 7/27/2011

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-b the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 40 pertaining to recreational summer flounder regulations. This notice will be published in issue 30 of the State Register, dated July 27, 2011.

For further information, please contact:

John D Maniscalco
NYS DEC - Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0437
E-mail: jdmanisc@gw.dec.state.ny.us


Availability for Comment on Draft TMDLs

This notice announces the availability of a Draft Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) to address the following waterbody:

Chautauqua Lake, Chautauqua County

Chautauqua Lake is impaired by phosphorus.

Public comment on this document will be accepted for 30 days, through August 26, 2011.

Background: States are required by Section 303(d) of the Clean Water Act and the U. S. Environmental Protection Agency's (USEPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The re-proposed phosphorus TMDL for Chautauqua Lake will require permit limits on wastewater treatment plants and will rely on voluntary load reduction efforts from the agricultural community, developed land and septic systems to address the existing phosphorus water quality impairment. The TMDL was first proposed in July 2010. This revised proposal is in response to comments received and is based upon the Departments attempt to more equitably allocate load and practically implement the TMDL.

Information:
Copies of the proposed draft plan can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html#Small, or by contacting Dan Hayes at 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) 402-8207, or via email at dahayes@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by close of business August 26, 2011 will be considered prior to submitting the final TMDL to the USEPA for approval.

Contact: Dan Hayes, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8207, E-mail: dahayes@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@gw.dec.state.ny.us. 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.


Draft Amendment No. 4 to the FFY 2011 CWSRF Intended Use Plan
FFY 2011 Additional Subsidization
Announcement of Third Round of Green Innovation Grant Program

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 being amended.

The FFY 2011 federal appropriation for the CWSRF included a requirement that certain funds be utilized for additional subsidization and also for Green Project Reserve (GPR). A portion of those requirements will be met through the Green Innovation Grant Program (GIGP). The balance will be allocated to Category D Hardship projects. The amendment will indicate where to learn more about the application process, program requirements, and anticipated schedule for the third round of GIGP funding.

The Draft Amendment No. 4 will be available on the NYS EFC website at: www.efc.ny.gov.

Written comments on Amendment No.4 to the CWSRF IUP will be accepted by mail, e-mail, or fax until close of business, Friday, August 12, 2011. Comments should be addressed to:

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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