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ENB - Statewide Notices 8/10/2011

Meeting Notice

Environmental Board Meeting

The New York State Department of Environmental Conservation (NYS DEC) hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., August 23, 2011, in Room 129 at the NYS DEC main offices at 625 Broadway, Albany, New York.

The Environmental Board will consider the following rulemaking actions of the NYS DEC:

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

• 6 NYCRR Part 200, General Provisions

This meeting is open to the public.

This meeting will be webcast. To observe the meeting go to: http://www.dec.ny.gov/public/36245.html.

Contact: Ruth L. Earl, Executive Secretary, State Environmental Board, 625 Broadway, Albany, NY 12233.


Public Notice

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

Notice of Adoption to amend 6 NYCRR Part 40 pertaining to recreational black sea bass regulations. This notice will be published in issue 32 of the State Register, dated August 10, 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



Issuance of Policy on Determinations Regarding Emergency Pesticide Applications at Schools and Day Care Centers

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has issued a Policy, consistent with the intent of Chapter 85 of the Laws of 2010 (Chapter 85). That Law amended the State Education Law and Social Services Law, prohibiting most pesticide use on grounds at schools and day care centers, with a provision for schools and day care centers to seek a determination for an emergency pesticide application.

The policy identifies the procedures to be used by Central Office staff of the NYS DEC - Division of Materials Management (DMM), Bureau of Pest Management (BPM) for the following:

• Responding to requests for emergency pesticide application determinations at non-public schools and day care centers, pursuant to the State Education Law (SEL) and Social Services Law (SSL), as amended by Chapter 85.
• Providing consistent responses to questions on the NYS DEC Guidance on Chapter 85 and appropriate referrals of inquiries and/or complaints regarding the subject SEL and SSL requirements.

The Policy identifies the types of emergency pesticide application requests to be considered by NYS DEC and the procedures and timeframes NYS DEC will follow for making emergency determinations. The Policy also includes emergency determination request forms for use by non-public schools and day care centers and NYS DEC determination forms.

The Policy is available on the NYS DEC website at: http://www.dec.ny.gov/chemical/41822.html or by calling (518) 402-8788. A paper copy is available at the NYS DEC Albany office (Division of Materials Management, 625 Broadway, Albany, NY 12233-7250) and at each of the nine NYS DEC regional offices.

Contact: Mary A. Roy, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7250, Phone: (518) 402-8652, Fax: (518) 402-9024, E-mail: maroy@gw.dec.state.ny.us.


Extension of Comment Period for Draft TMDL

This notice announces the extension of the public comment period for the Draft Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) and United States Environmental Protection Agency to address the following waterbody:

Lake Ontario

Lake Ontario is impaired for fish consumption by polychlorinated biphenyls (PCBs).

Public comment on this document will be accepted through September 8, 2011.

Information: Copies of the proposed draft plans can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html, or by contacting Lorraine Holdridge at NYS DEC - Division of Water, Bureau of Water Resources Management, 625 Broadway, 4th Floor, Albany, NY 12233-3508, or by phone at (518) 408-5718, or via email at: laholdri@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by close of business September 8, 2011 will be considered prior to submitting the final TMDL to the EPA for approval.



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 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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