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ENB - Statewide Notices 5/30/2012

Public Notice

Pursuant to the Environmental Conservation Law 11-0303, 11-0305, 11-0315, 11-0317, 11-0319, 11-1301, 11-1303, 11-1305, 13-0105 and 13-0339, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following

Notice of Proposed Rule Making to amend 6 NYCRR Parts 10, 11, 18, 19, 35, 36, and 40 pertaining to reducing fishing mortality on New York river herring. This rule proposes to restrict the current fishery in the Hudson River and all its tributaries and to close the fisheries in all other waters of New York State that have anadromous runs of river herring. These include the Delaware River, all streams in the Bronx, Kings, Manhattan, Nassau, Richmond, Suffolk, and Queens Counties, and Westchester County streams that empty into the East River or Long Island Sound.

This notice will be published in issue 22 of the State Register, dated May 30, 2012.

For further information, please contact:

Kathryn A. Hattala
NYS DEC - Region 3 Office
21 South Putt Corners Road
New Paltz. NY 12561
Phone: (845) 256-3071
E-mail: kahattal@gw.dec.state.ny


Pursuant to the Environmental Conservation Law (ECL) section 13-0307 and 13-0319, the New York State Department of Environmental Conservation (NYS DEC) - Division of Fish, Wildlife and Marine Resources has amended 6 NYCRR Part 41 to close certain shellfish lands to harvest. These areas include portions of the following areas: Cutchogue Harbor (Town of Southold), Bellport Bay, Port Jefferson Harbor (Town of Brookhaven), Northwest Harbor (Town of East Hampton), North Sea Harbor and Davis Creek (Town of Southampton), South Oyster Bay (Town of Oyster Bay), Western Long Island Sound (Towns of North Hempstead and Oyster Bay) and Cold Spring Harbor (Towns of Oyster Bay and Huntington). Portions of these areas do not meet the bacteriological water quality standards for a certified shellfish land. Shellfish harvested from areas that do not meet the bacteriological standards for a certified shellfish land have an increased potential to cause illness in shellfish consumers.

This rule was filed with the New York State Department of State on May 15, 2012, and will be posted to the State Register May 30, 2012, issue 22.

For further information, please contact:

Gina M. Fanelli
NYS DEC - Region 1 Marine Resources Headquarters
Bureau of Marine Resources
Shellfish Growing Area Certification Unit
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0482
E-mail: gmfanell@gw.dec.state.ny.us


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.


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 Project Priority List

A notice regarding Draft Amendment No. 1 to the FFY 2012 Clean Water State Revolving Fund (CWSRF) Intended Use Plan (IUP) was published in the May 23, 2012 issue of the ENB. Due to delays in preparing the amendment for public review, the comment period for Draft Amendment No. 1 has been extended to Friday, June 15, 2012.

The New York State Environmental Facilities Corporation (NYS EFC) and theNew York State 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 PPL.

The Draft Amendment No. 1 will be available on the NYS 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 15, 2012. Comments should be addressed to:

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


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