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ENB - Statewide Notices 5/23/2012

Public Notice

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

Repeal of existing section 193.3 and adoption of a new 193.3. To protect endangered, threatened, rare and exploitably vulnerable plants by updating the plant lists.

Effective date May 23, 2012

For further information, contact:

Doug Schmid
NYS DEC - Division of Lands and Forests
Bureau of Private Land Services
625 Broadway
Albany, New York 12233-4253


This notice announces the opportunity for commercial vessel operators, port operators, boat pumpout facility operators, sewage removal companies, and other stakeholders to provide information to New York State Department of Environmental Conservation (NYS DEC) regarding the adequacy of available pumpout facilities and other options for the removal of sewage from commercial vessels that use Great Lakes Waters (Lake Erie, Lake Ontario and the Saint Lawrence River). This information will be useful in the establishment of vessel waste No Discharge Zones (NDZs) in coastal waters of New York not already covered by NDZ designations. Comments and information regarding this solicitation will be accepted for 45 days, through June 22, 2012.

Background: Vessel waste NDZ designations are a key component of a larger strategy for protecting all coastal waters of New York State. A NDZ designation means that it is illegal for boaters to discharge on-board sewage into the designated waterbody. This includes treated sewage, as well as untreated sewage. Boaters must instead dispose of their sewage at pump-out stations.

Sewage from boats often contains harmful levels of pathogens and chemicals such as formaldehyde, phenols and chlorine, which harm water quality, pose a risk to people's health, and impair marine life and habitats. Federal law prohibits the discharge of untreated boat sewage within most navigable waters of the United States. To take water quality protection a step further, NYS DEC and the United States Environmental Protection Agency (USEPA) are working to prohibit sewage discharges to New York's coastal waters and navigable connecting waterways - which are not covered by the federal law - by designating them as No Discharge Zones (NDZs).

In 2010, NYS DEC and USEPA announced a joint initiative to establish NDZs in the remaining coastal waters and navigable connecting waterways of New York State. Since then, NDZ designations have been established for the New York State Canal Systems, the New York portion of Long Island Sound, Jamaica Bay, and the New York portion of Lake Ontario. The remaining coastal waters without NDZs are Lake Erie, Saint Lawrence River, New York Harbor waters, and easternmost Long Island South Shore.

Approval of petitions for these remaining waters would complete the goal of NDZs in all coastal New York waterways.

Information Requested: Establishing an NDZ requires a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels (both recreational and commercial) are reasonably available for proposed NDZ waters. While information regarding pumpout facilities for recreational vessel is generally available, similar information for commercial vessels can be more difficult to come by.

Therefore, NYS DEC is soliciting additional information from commercial vessel operators, port operators, boat pumpout facility operators, sewage removal companies, and other stakeholders regarding the adequacy of available pumpout facilities and other options for the removal of sewage from commercial vessels that use the New York State portions of Lake Erie and the St. Lawrence River. (Information regarding commercial vessels in New York Harbor will also be accepted, however efforts to establish an NDZ in New York Harbor will be coordinated through the NY-NJ Harbor and Estuary Program.)

Specifically of interest to NYS DEC:

  • How many commercial vessels that would require pumpout facilities operate in the New York State portion of Lake Erie and the St. Lawrence River?
  • How much sewage do these vessels typically hold, individually and collectively? How often do these vessels need to discharge sewage, and where do they currently do so
  • What are the most common routes of travel in these waters and where do these vessels typically dock?
  • Are sewage pumpout trucks generally available to serve commercial vessels on the New York side of Lake Erie and the St. Lawrence River and if so, how many such services are there?
  • Are sewage pumpout boats available to serve commercial vessels in those waters, and if so how many of them and where do they operate?
  • Regarding the pumpout trucks and vessels, above, what is their sewage holding capacity, how long does it take to pump the full capacity of each vehicle, and how much does the service cost?
  • Are there any constraints on the ability for commercial vessels in these waters to use either pumpout trucks or pumpout boats to discharge their sewage? If so, please explain.

Please forward responses to this solicitation to: Jeff Myers, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, E-mail: jamyers@gw.dec.state.ny.us.

Additional information regarding vessel waste NDZs in New York State can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/73875.html.

Note that this is not a formal public notice and comment, and any findings developed through this process, as well as any proposed determination by USEPA on NYS DEC petitions to establish future NDZs, will be subject to formal public notice and comment before being made final, and the failure to submit information in response to this request will not preclude any interested party from commenting on any findings contained in a proposed determination.

Contact: Jeff Myers, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8251, E-mail: jamyers@gw.dec.state.ny.us.


The New York State Department of Environmental Conservation (NYS DEC) - Division of Air Resources operates an ambient air monitoring network for various air contaminants within New York State. As required by federal regulations, NYS DEC prepares an annual monitoring network plan, which describes in detail the specifics of the monitoring network. This plan includes an annual review of the existing monitoring network to determine the adequacy of the network and to propose any network modifications. The proposed annual monitoring network plan must be available for public review for a 30 day period prior to submittal to EPA. This notice is intended to afford interested parties the opportunity to comment on the proposed plan.

NYS DEC has reviewed the current ambient air monitoring network and has determined that network changes including site closures and reductions in monitoring frequency should be made. These changes are necessary due to the availability of nearby air monitors and improvements in air quality. The proposed network changes are:

  • Site closures: Belleayre, Camden, Dunkirk, Nick's Lake, Syracuse COM, La Tourette, IS 293, PS 154, Manhattenville P.O.
  • Close Niagara Falls, relocate toxics to Buffalo, acid deposition and FRM PM2.5 to Amherst
  • Close Elmira, relocate acid deposition to Pinnacle
  • Close Grafton, relocate acid deposition to Loudonville
  • Discontinue PM10 at PS 19
  • Discontinue acid deposition at Eisenhower Park\
  • Discontinue acid deposition at Mt. Ninham
  • Discontinue NOx at Amherst
  • Discontinue continuous GC for PAMS measurements at Pfizer Lab.
  • Relocate Camp Georgetown (currently shut down due to state facility's closure) to yet to be determined site

The complete network plan document can be accessed from our website for viewing and download at http://www.dec.ny.gov/chemical/33276.html.

Written comments on this plan should be forwarded to the NYS DEC by June 22, 2012 and addressed to: Larry Sitzman, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway - 11th Floor, Albany, NY 12233-3256.

Contact: Larry Sitzman, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway - 11th Floor, Albany, NY 12233-3256.


New York State Department of Environmental Conservation (NYS DEC) seeks public comment upon a proposed Order on Consent between the NYS DEC and the New York City Department of Environmental Protection (NYC DEP) to reduce impacts from turbidity and aluminum sulfate usage in the New York City watershed. A complete copy of the proposed Order is available at: http://www.dec.ny.gov/lands/79771.html.

A public 45 day comment period on the proposed Order and an incorporated Ashokan Reservoir Interim Protocol will run through July 2, 2012. Comments may be submitted by email to: ashokan@gw.dec.state.ny.us or by mail to: NYS DEC - Division of Water, Bureau of Water Resource Management, 625 Broadway, Albany, NY 12233. Comments will be reviewed and considered in the development of the final Order and revised Interim Protocol. A public information session on both the proposed Order and the Interim Protocol will be held from 6:00 p.m. to 8:00 p.m. on June 19, 2012 at SUNY New Paltz, 1 Hawk Drive, Lecture Center - Room 100, New Paltz, NY.

Contact:
Kenneth Kosinski, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8086, E-mail: ashokan@gw.dec.state.ny.us.


Draft Amendment No. 1 to the FFY 2012 CWSRF Intended Use Plan
Identification of the Final FFY 2012 USEPA Capitalization Grant and Additional Subsidization, modifications to FFY 2010 Additional Subsidization usage, Identification of FFY 2011 Additional Subsidization criteria, and revisions to the Annual PPL

The New York State Environmental Facilities Corporation (NYS EFC) and the Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2012 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF), dated November 2011 is being amended.

NYS EFC is seeking comment on the 2012 CWSRF IUP Amendment No. 1.

This draft amendment to the Clean Water State Revolving Fund (CWSRF) Intended Use Plan (IUP) for Federal Fiscal Year (FFY) 2012 includes information regarding Identification of the Final FFY 2012 USEPA Capitalization Grant and Additional Subsidization, modifications to FFY 2010 Additional Subsidization usage, Identification of FFY 2011 Additional Subsidization criteria, and revisions to the Annual Project Priority List.

The Draft Amendment No. 1 will be available on the EFC website at: www.efc.ny.gov.

Written comments on Amendment No. 1 to the CWSRF IUP will be accepted by mail, e-mail, or fax until close of business, Friday, June 8, 2012. Comments and questions should be addressed to:

Timothy P. Burns
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-7396
Fax: (518) 402-7456
E-mail: iupcomments@efc.ny.gov


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