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ENB - Statewide Notices 8/17/2011

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 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 3-0301(1)(t), 11-0325, 13-0330 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to establish new 6 NYCRR Part 50, Miscellaneous Marine Species, establishing the authority of the Commissioner to close areas to the harvest of carnivorous gastropods due to the presence of marine biotoxins in bivalve shellfish meats. This notice will be published in issue 33 of the State Register, dated August, 17, 2011.

For further information, please contact:

Kim McKown
NYS DEC - Region 1 Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0454
E-mail: kamckown@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections 11-0303, 11-0903, and 11-0905, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of adoption to amend 6 NYCRR Part 2, section 2.25 pertaining to hunting upland game birds, specifically youth pheasant hunting seasons. This notice will be published in issue 33 of the State Register, dated August 17, 2011. Additional information about hunting pheasants may be found at: http://www.dec.ny.gov/outdoor/29453.html.

For further information, please contact:

Bryan Swift
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway, 5th Floor
Albany, NY 12233-4754
E-mail: wildlife@dec.ny.gov


Notice of Availability of the Proposed New York State Stormwater Management Design Manual 2010 Update Transition Policy (DOW-1.2.5)

The New York State Department of Environmental Conservation (NYS DEC) is making a draft of the "New York State Stormwater Management Design Manual 2010 Update Transition Policy" document available for public review.

This guidance clarifies the criteria an owner or operator of a construction project, subject to the requirements of the SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-10-001), must meet in order to continue to use a Stormwater Pollution Prevention Plan (SWPPP) that was designed in accordance with the 2008 version of the New York State Stormwater Management Design Manual (Design Manual).

A revised version of the Design Manual was finalized and made available to the public on August 4, 2010. The updated Design Manual represents a substantial change in project design whereby post construction treatment practices must reduce the volume of runoff to mimic the pre-developed hydrology. Prior versions of the Design Manual required that post construction treatment practices provide treatment and rate control for specific storm events.

As per requirements in GP-0-10-001, an owner or operator of a regulated construction activity is required to begin using this new Design Manual six (6) months from the final revision date; by March 1, 2011. The guidance document provides clarification on the permit language.

The draft guidance document is available on NYS DEC's website at: http://www.dec.ny.gov/chemical/41392.html.

State Environmental Quality Review Determination: The guidance document is a Type II action pursuant to 6 NYCRR 617.5

State Historic Preservation Act (SHPA) Determination: The proposed activity is an undertaking that is not subject to review in accordance with SHPA.

Availability for Public Comment: Written statements or comments on the draft guidance document will be accepted by fax or mail until close of business on September 16, 2011 or 30 days after publication of this notice. Comments should be filed with the contact listed below.

Contact: Carol Lamb-LaFay, NYS DEC - Division of Water, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8123, Fax: (518) 402-9029, E-mail: calambla@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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