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ENB - Statewide Notices 8/3/2011

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0903, and 11-0907, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 1, section 1.31 pertaining to Black Bear Hunting. This notice will be published in issue 31 of the State Register, dated August 3, 2011.

For further information, please contact:

Gordon R. Batcheller
NYS DEC - Division of Fish, Wldlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8885
E-mail: WildlifeRegs@dec.ny.gov

Notice of Emergency Adoption

6 NYCRR Part 200, General Provisions
6 NYCRR Part 201, Permits and Registrations
6 NYCRR Part 231, New Source Review for New and Modified Facilities

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103 and 71-2105, and Sections 160-169 and 171-193 of the Federal Clean Air Act (42 USC Sections 7470-7479; 7501-7515), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption of Rules on July 18, 2011, to be effective July 19, 2011, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; Part 201, Permits and Registrations; and Part 231, New Source Review for New and Modified Facilities.

The emergency adoption of these amended rules provides for the preservation of the public health and general welfare. This rulemaking amends existing nonattainment New Source Review (NNSR) and attainment New Source Review (Prevention of Significant Deterioration [PSD]) program requirements. First, this rule incorporates the Environmental Protection Agency's (EPA's) May 16, 2008 NSR final rule for the regulation of particulate matter with an aerodynamic diameter less than or equal to 2.5 micrometers (PM-2.5). Second, this rule incorporates EPA's October 20, 2010 final rule which establishes the PM-2.5 increments, significant impact levels, and significant monitoring concentration. NYS DEC incorporated some of EPA's final PM-2.5 requirements in its February 19, 2009 revisions to its PSD and NNSR programs. This rulemaking incorporates the additional provisions of the federal PM-2.5 final rule which were not previously included in the 2009 revision to Part 231. Third, this rule incorporates conforming provisions to EPA's June 3, 2010 NSR final rule for the regulation of Greenhouse Gases (GHGs) under its PSD and Title V programs, also known as the "GHG Tailoring Rule." This rule addresses EPA's regulation of GHGs by establishing major source applicability threshold levels for GHG emissions and other conforming changes under the state's PSD and Title V programs. The May 2008 and October 2010 Federal NSR Rules modified both the NNSR and Prevention of Significant Deterioration regulations at 40 CFR 51.165 and 52.21, respectively. The June 2010 Federal NSR rule modified the NNSR and PSD regulations at 40 CFR 51.165 and 52.21, respectively, and Title V regulation at 40 CFR 70 and 71. These Federal regulations require states with State Implementation Plan (SIP) approved NSR and Title V programs to revise their regulations and submit the revisions to EPA for approval into the SIP.

For further information, contact:

Robert Stanton
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233 3254
Phone: (518) 402 8403
E mail: 231nsr@gw.dec.state.ny.us

Statewide video and web conference August 10th, 2011, at 1:00 pm for applicants to the Environmental Justice Community Impact Grants

The New York State Department of Environmental Conservation (NYS DEC) - Office of Environmental Justice will be hosting a video and web conference on Wednesday, August 10, 2011, from 1:00 to 2:00 pm to provide information and answer questions about the 2011 Environmental Justice Community Impact Grants. Grant applications are due Friday, September 9, 2011, and this will be the last grant outreach by NYS DEC before the application deadline.

The video conference will be linked to NYS DEC regional headquarters and sub-offices for those who wish to participate in the meeting this way. For the location of the NYS DEC office nearest you, please visit the NYS DEC website at: http://www.dec.ny.gov/about/50230.html. If you wish to participate in the video conference at one of the NYS DEC offices, you must RSVP by Monday, August 8th by contacting the Office of Environmental Justice at 1-866-229-0497 or justice@dec.ny.gov. Please indicate which NYS DEC office you will be visiting for the video conference and provide your contact information. You must RSVP to participate in the video conference - if we do not receive at least five RSVPs for any specific NYS DEC office by August 8th, that office will not join the video conference.

To participate in the web conference:

Open Internet Explorer (IE) and go to: http://www.webdialogs.com to access the Lotus Sametime Unyte Web Conferencing home page.
Click on the "Join A Meeting" button on the top right corner of the screen.
Fill in 78425 for Conference ID, fill in your name, and click on "Login".
To receive audio for the web conference:

Call 1-866-394-2346

Enter the Participant Code (5385701554) followed by the # sign, then press 1 to join the call.

We hope you can join us for this conference, and we look forward to receiving your applications.

Contact: Doug Morrison, NYS DEC - Office of Environmental Justice, 625 Broadway, 14th Floor, Albany, NY 12233, Phone: (518) 402-9498, E-mail: demorris@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:

Kinderhook Lake, Columbia County

Kinderhook Lake is impaired by phosphorus.

Public comment on these documents will be accepted for 30 days, through September 2, 2011.

Background: States are required by Section 303(d) of the Clean Water Act and the U. S. Environmental Protection Agency's (EPA'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 proposed phosphorus TMDL for Kinderhook Lake will rely on voluntary load reductions from septic systems, the agricultural community and developed land, and the Municipal Storm Sewer System General Permit requirements to address the existing phosphorus water quality impairment.

Information: Copies of the proposed draft plans can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html#Small, or by contacting Ron Entringer 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) 402-8176, or via email at raentrin@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by close of business September 2, 2011 will be considered prior to submitting the final TMDL to the EPA for approval.

Ron Entringer at NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8176, E-mail: raentrin@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 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.

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