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ENB - Statewide Notices 9/28/2011

Public Notice

Combined Notice of Public Hearings on the Revised Draft Supplemental Generic Environmental Impact Statement (SGEIS) for Horizontal Drilling and High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs and related proposed State Pollutant Discharge Elimination Permit (SPDES) General Permit for Stormwater Discharges and proposed Regulations.

Pursuant to Articles 8, 17 and 70 of the Environmental Conservation Law and the State Administrative Procedures Act, the New York State Department of Environmental Conservation (NYS DEC) will conduct a series of combined public hearings at the dates, times, and locations listed below for the purpose of accepting both verbal and written comments on the following:

1. The Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program relating to the permitting of horizontal drilling and high-volume hydraulic fracturing (HVHF) available at: http://www.dec.ny.gov/energy/75370.html;
2. The proposed SPDES General Permit (GP) for Stormwater Discharges from HVHF available along with its fact sheet at: http://www.dec.ny.gov/permits/77251.html; and
3. The proposed regulations relating to HVHF revising and adding to 6 NYCRR Parts 52, 190, 550-556, 560, and Subparts 750-1 and 750-3, available at: http://www.dec.ny.gov/regulations/propregulations.html.

On September 7, 2011, NYS DEC, as SEQRA lead agency, published a notice of completion of the Revised Draft SGEIS in the Environmental Notice Bulletin (ENB) for public review available at: http://www.dec.ny.gov/enb/enb.html. The Revised Draft SGEIS includes among other things an assessment of potential significant impacts resulting from the proposed actions described above relating to High-Volume Hydraulic Fracturing.

Hearing Calendar:

Each meeting location will be open from 1:00 p.m. to 4:00 p.m. and 6:00 p.m. to 9:00 p.m.

Date:
November 16, 2011
Location: Dansville Middle School Auditorium
31 Clara Barton Street
Dansville, NY 14437

Date: November 17, 2011
Location: The Forum Theatre
236 Washington Street
Binghamton, NY 13901

Date: November 29, 2011
Location: Sullivan County Community College
Seelig Theatre
112 College Road
Loch Sheldrake, NY 12759

Date: November 30, 2011
Location: Tribeca Performing Arts Center
199 Chambers Street
New York, NY 10007

Public Comment: Public comments on the Revised Draft SGEIS, proposed GP and proposed regulations will be accepted until 5:00 p.m. on December 12, 2011 at: http://www.dec.ny.gov/energy/76838.html and written comments to: Attn: dSGEIS Comments, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-6510.

For general information and questions you can send an e-mail to: public@dec.ny.gov or call (518) 402-8044.


New York State Department of Environmental Conservation's New York Environmental Leaders Program Open Enrollment Period

The New York State Department of Environmental Conservation (NYS DEC) is accepting applications for the New York Environmental Leaders Program (NYEL). The open enrollment period began on September 1, 2011 and applications will be accepted until October 31, 2011.

NYEL, which is entering its fourth year of operation, provides recognition and incentives to New York State companies and organizations that can demonstrate the use of pollution prevention practices, beyond compliance performance, or sustainable business practices as a result of their participation in NYEL. Detailed information about NYEL can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

Those accepted as members in NYEL are considered a priority for relevant NYS DEC assistance. For instance, NYS DEC can help facilitate assistance through the New York State Pollution Prevention Institute (http://www.nysp2i.rit.edu/) and help members garner assistance through other relevant state programs. In addition, NYEL members have access to a NYEL contact within NYS DEC. The NYEL contact will be available to assist with communication between the member and NYS DEC, and to help members garner assistance in their environmental goals from the New York State Pollution Prevention Institute. NYEL members are also able to use the NYEL logo to promote their green practices and receive recognition from NYS DEC for their outstanding achievements.

NYEL provides flexibility to prospective applicants by offering two membership tiers, the entry tier and the leadership tier. In addition, NYEL is open to wide array of organizations including businesses, especially manufacturers, as well as organizations such as schools, hospitals, and local governments. For more information on which tier best fits your organization, please visit the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

If your organization is interested in becoming a NYEL member during this open enrollment period, a NYEL application form for the tier your facility intends to apply for must be completed and returned by October 31, 2011. Interactive versions of the NYEL Entry Tier Application and NYEL Leadership Tier Application forms are available for download on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html. Also, if you have any colleagues that you think may be interested in NYEL, please forward them this information.

If you have any questions, require any additional information, or experience problems down loading the applications, please do not hesitate to contact John Vana at (518) 402-9469, or Ryan Waldron at (518) 402-9194.

Contact: Ryan Waldron, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9194.


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.


New York State Pollutant Discharge Elimination System (SPDES) Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated With Industrial Activity

Permit No. GP-0-11-009

The New York State Department of Environmental Conservation (NYS DEC) is proposing to renew the SPDES General Permit for Stormwater Discharges Associated with Industrial Activity (GP-0-06-002) which became effective on March 28, 2007 and is due to expire on March 27, 2012. NYS DEC is proposing to reissue this MSGP for a period not to exceed 6 months. The reissued MSGP contains the same requirements, terms, limits and conditions as the 2007 MSGP (GP-0-06-002) with the following exceptions:

1. Parts I.F and I.G. has been edited to allow continued coverage under this permit for facilities covered under GP-0-06-002 on March 27, 2012 (unless notified by NYS DEC); and to provide directions for new dischargers and facilities not covered under the MSGP on the date GP-0-06-002 expires.

2. Web site addresses and contact information have been updated.

Copies of the draft MSGP renewal and fact sheet are available on NYS DEC's website at: http://www.dec.ny.gov/chemical/41392.html.

State Environmental Quality Review Determination: The renewal is a Type II action and will not have a significant effect on the environment.

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 proposed modifications will be accepted by fax or mail until close of business on October 28, 2011 or 30 days after publication of this notice. Comments should be filed with the contact listed below.

Contact: Christina Falk, NYS DEC - Bureau of Water Permits, General Permits Section, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8244 Fax: (518) 402-9029, E-mail: cmfalk@gw.dec.state.ny.us.


State Pollutant Discharge Elimination System (SPDES) General Permit for Point Source Discharges to Surface Waters of New York State From Pesticide Applications

Permit No. GP-0-11-001

New York State Department of Environmental Conservation (NYS DEC) proposes to issue SPDES General Permit for Point Source Discharges to Surface Waters of New York from Pesticide Applications (GP-0-11-001). Hereinafter the permit shall be referred to as the "Pesticide General Permit", or PGP. This Draft PGP was provided for public comment in the Environmental Notice Bulletin (ENB) on December 22, 2010. NYS DEC is proposing to issue this Draft PGP with a revision to not require coverage under the PGP for discharges from aquatic pesticide applications to a pond of one acre or less in size which has no outlet to a surface water of the State and which lies wholly within the boundaries of lands privately owned or leased by a person. This Draft PGP is being re-noticed for public comment for this revision only.

Copies of the Draft PGP and its fact sheet are available on NYS DEC's website at: http://www.dec.ny.gov/chemical/70489.html.

State Environmental Quality Review Determination: The modification is an Unlisted action and will not have a significant effect on the environment. A Negative Declaration is on file.

State Historic Preservation Act (SHPA) Determination: It has been determined that this PGP is not likely to cause any change, beneficial or adverse, in the quality of any historic, architectural, archeological, or cultural property that is listed on the National Registers of Historic Places or property listed on the State Register or determined to be eligible for listing on the State Register.

Availability for Public Comment: Written statements or comments on the proposed draft permit will be accepted by fax or mail until close of business on October 28, 2011 or 30 days after publication of this notice. Comments should be filed with the contact listed below.

Contact: Don Tuxill, NYS DEC - Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8168 Fax: (518) 402-9029, E-mail: detuxill@gw.dec.state.ny.us.


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