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ENB - Statewide Notices 2/1/2012

Public Notice

Notice of Proposed Rulemaking

Repeal of Existing Section 193.3 and Adoption of a New Section 193.3 Protected Native Plants List

Pursuant to Environmental Conservation Law, Sections 9-0105(1), 9-0105(3) and 9-1503, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Adoption of a New Section 193.3 for the Protected Native Plants List.

For further information:

Douglas Schmid
NYS DEC - Division of Lands and Forests
625 Broadway
Albany, NY 12233-4253
Phone: (518) 402-9425


New York State Department of Environmental Conservation Announces Draft Spruce Grouse Recovery Plan Available for Review

The New York State Department of Environmental Conservation (NYS DEC) has prepared a Draft Spruce Grouse Recovery Plan (Plan) and is inviting the public to make comments. Spruce grouse is a New York State endangered bird restricted to a handful of lowland boreal forest habitats within the Adirondack Mountains. The Plan provides a comprehensive review of the status of spruce grouse in New York and proposes a strategy for preventing the extirpation of the species from the state. Recommendations in the Plan are intended to stabilize and improve the distribution and abundance of the species.

Highlights of the Plan include:

  • Encouraging maintenance of blocks of 20-40 year old spruce-fir forest distributed in close proximity throughout the northwest Adirondacks.
  • Investigating the potential to supplement the current population with wild birds obtained from other nearby states or Canada to enhance the gene pool.

Additional information about spruce grouse can be found on the NYS DEC website at: http://www.dec.ny.gov/animals/7078.html.

A Microsoft Word or Adobe PDF copy of the Draft Spruce Grouse Recovery Plan may be downloaded from: ftp://ftp.dec.state.ny.us/dfwmr/wildlife/spgr.

NYS DEC will accept comments on the draft Plan during the 30 day public comment period, which ends March 1, 2012.

Comments, questions, or requests for a paper copy of the draft plan should be sent by e-mail to: fwwildlf@gw.dec.state.ny.us (type "spruce grouse plan" in the subject line) or by regular mail to NYS DEC - Division of Fish, Wildlife and Marine Resources, Bureau of Wildlife, Spruce Grouse Management Plan, 625 Broadway, Albany, NY 12233-4754.

Contact: John Ozard, NYSDEC - Division of Fish, Wildlife and Marine Resources, Bureau of Wildlife, Wildlife Diversity Unit, 625 Broadway, Albany, NY 12233-4754, Phone: (518) 402-8881, E-mail: fwwildlf@gw.dec.state.ny.us.


Notice for New York State Hazardous Waste Large Quantity Generators and Hazardous Waste Treatment, Storage and/or Disposal Facilities

Important: New York State Department of Environmental Conservation (NYS DEC) is going paperless. Sign up for the NYS DEC Hazardous Waste Management Program listserv to assure you receive future information electronically regarding the Hazardous Waste Management Program. Sign up at: http://lists.dec.state.ny.us/mailman/listinfo/HazardousWasteManagementProgram

A Hazardous Waste Report (Report), for each calendar year, is required and must be submitted by large quantity generators and treatment, storage and/or disposal facilities in New York State. The Report must be submitted to and received by the NYS DEC by March 1 of each year.

A separate Report is required for each United States Environmental Protection Agency registered location (site). Generators and facilities are required to submit a Report if, any one of the following criteria applies:

(a) The site generated in any single calendar month 1,000 kg (2,200 lbs) or more of Resource Conservation and Recovery Act (RCRA) or New York State hazardous waste; or
(b) The site generated in any single calendar month, or accumulated at any time more than 1 kg (2.2 lbs) of RCRA acute hazardous waste; or
(c) The site generated in any single calendar month, or accumulated at any time, more than 100 kg (220 lbs) of spill cleanup material contaminated with RCRA acute hazardous waste; or
(d) The facility, during the calendar year, treated, stored and/or disposed of RCRA or New York State hazardous waste on-site in units subject to hazardous waste permitting requirements (6 NYCRR Part 373); or
(e) The site generated 15 tons or more of hazardous waste or hazardous wastewater. Only universal waste is exempt from this requirement. No other exemptions or exclusions to annual hazardous waste reporting apply.

Instructions and forms to be completed for the Report can be found at: www.dec.ny.gov/chemical/8770.html. NYS DEC encourages all parties to submit the forms on-line at: www.arminc.net. If on-line submission is not an option, the forms can be submitted in paper form. If completed on-line, the Declaration of Electronic Filing must be mailed and received by March 1, 2012. The originator of the Report is required to maintain a copy of the Report submitted for three years. For questions regarding the filing criteria or completion of the Report, please e-mail your questions to: hwreport@gw.dec.state.ny.us or call Deborah Aldrich at (518) 402-8730 if e-mailing is not an option.

Where paper forms are being submitted, they must be submitted to the address below and received by March 1, 2012.

New York State Department of Environmental Conservation
Division of Environmental Remediation
Bureau of Program Management
Manifest and Reporting Section
625 Broadway, 12th Floor
Albany, NY 12233-7252

Contact: Deborah Aldrich, NYS DEC - Division of Environmental Remediation. 625 Broadway, 12th Floor, Albany, NY 12233-7012, Phone: (518) 402-8730, E-mail: hwreport@gw.dec.state.ny.us


Draft New York State 2012 Section 303(d) List of Impaired/TMDL Waters

This notice announces the availability of the Draft New York State 2012 Section 303(d) List of Impaired/TMDL Waters. The list identifies those waters that do not support appropriate uses and require and are scheduled for development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 45 days, through March 2, 2012.

Background: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to maintain a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State waters. Two components of the CALM are also available for comment. The Assessment Methodology outlines how waters are evaluated by New York State Department of Environmental Conservation (NYS DEC) to determine the degree of use support, and the Listing Methodology outlines the criteria NYS DEC uses to determine what waters are to be included on the Section 303(d) List. These documents are intended to clarify the current and continuing approach to assessment and listing by New York State.

Information: Copies of the Draft New York State 2012 Section 303(d) List and/or the revised Assessment and Listing Methodologies are available on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html. Copies of the List and Methodologies can also be obtained by contacting 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. An electronic version of these documents can also be requested by email to: jamyers@gw.dec.state.ny.us.

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to: Jeff Myers of the Bureau of Watershed Assessment and Management at the above address, or e-mailed to: jamyers@gw.dec.state.ny.us.

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, E-mail: jamyers@gw.dec.state.ny.us.


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