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ENB - Statewide Notices 9/14/2011

Public Notice

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.

Public Meeting Notice

New York State Stakeholder Meetings:

Regional Greenhouse Gas Initiative
Clean Fuels Standard

New York State will host two meetings for New York State stakeholders on Monday, September 26, 2011, at the New York State Department of Environmental Conservation (NYS DEC) headquarters at 625 Broadway, Albany, Room 129.

A stakeholder meeting to allow NYS DEC staff to hear public comment regarding the upcoming program review for the Regional Greenhouse Gas Initiative will be held from 9:00 a.m. to 12:00 p.m. on September 26, 2011. A second, but separate, information and comment meeting regarding the economic analysis of a clean fuels program will be held on September 26, 2011 and in the same room, from 1:00 p.m. to 4:00 p.m. Although these meetings address two different programs, they will be held consecutively on the same day for the convenience of stakeholders that may be interested in both programs.

Regional Greenhouse Gas Initiative Program Review

The RGGI-participating states have proposed a schedule for gathering analytic material and for receiving stakeholder input in preparation for the states' 2012 RGGI program review. Information on the regional program review is available at: http://www.rggi.org. The New York State RGGI meeting scheduled for September 26, 2011 is intended to provide New York State stakeholders with additional opportunity to provide comments relative to the program review to New York State staff. The agenda and relevant documents for the RGGI meeting will be available at: http://www.dec.ny.gov/energy/rggi.html by September 12, 2011.

Economic Analysis of a Clean Fuels Program

Eleven northeastern and mid-Atlantic states have released a report on an economic analysis of a clean fuels standard (CFS, synonymous with low-carbon fuel standard or LCFS) to reduce the carbon intensity of transportation fuels in this region. The participating states have announced a process, including two regional stakeholder meetings, to receive public input on the report. The report and information on the regional stakeholder process are available at: http://www.nescaum.org. The New York State CFS meeting scheduled for September 26, 2011 is intended to provide New York State stakeholders with additional opportunity to provide comments regarding the economic analysis of a CFS. The agenda and relevant documents for the CFS meeting will be available at: http://www.dec.ny.gov/energy/76549.html by September 12, 2011.

Access to NYS DEC headquarters is restricted; participants must check in at a lobby security desk. The meetings will start promptly at 9:00 and 1:00, but as check-in and registration will take some time, please plan to arrive by 8:30 or 12:30. To facilitate check-in, please preregister for the meeting and have photo identification available when you arrive. To preregister for either meeting, send an e-mail to: climatechange@dec.ny.gov and include the phrase "Will Attend 9/26" in the subject line. Please include your name and affiliation in the body of the e-mail. There will be no response to this e-mail.

Directions to NYS DEC headquarters and parking information are available at: http://www.dec.ny.gov/about/244.html.

Stakeholders may participate in either or both meetings by webinar. To join the webinar, go to: http://www.webdialogs.com, click the "Join a meeting" button and enter Conference ID 58089 in the "Meeting Login" screen. On your telephone, dial 1-866-394-2346 and enter conference call code 9587140750# when prompted. Webinar participants must use the telephone call-in number; no audio signal will be transmitted over the Internet. Webinar participants will be able to ask questions and make comments using the webinar "chat" feature. It is not necessary to pre-register for the webinar.

If you have any questions about this meeting, send an e-mail to: climatechange@dec.ny.gov and include the phrase "9/26 Question" in the subject line of your e-mail.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany NY 12233-1030, Phone: (518) 402-8448.

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