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ENB - Statewide Notices 6/13/2012

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-d the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Revised Rule Making to amend 6 NYCRR Part 40 pertaining to the recreational and commercial harvest of tautog. NYS DEC is revising a proposed rule published January 18, 2012 in the State Register. This rule increases the recreational minimum size limit for tautog to 16 inches and reduces the fishing season to the period from October 5 through December 14. The commercial minimum size limit is increased to 15 inches. This rule making is necessary for New York State to remain in compliance with the Atlantic State Marine Fisheries Commission's fishery management plan for tautog, to reduce fishing effort and allow the tautog stock to recover, and to allow New York State recreational anglers and commercial fishermen to utilize a valuable marine resource.

This notice will be published in issue 24 of the State Register, dated June 13, 2012.

For further information, please contact:

Stephen Heins
NYS DEC - Region 1 Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-d, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption to amend 6 NYCRR Part 40 pertaining to the recreational and commercial harvest of tautog. This rule increases the recreational minimum size limit for tautog to 16 inches and reduces the fishing season to the period from October 5 through December 14. The commercial minimum size limit is increased to 15 inches. This rule making is necessary for New York State to remain in compliance with the Atlantic State Marine Fisheries Commission's fishery management plan for tautog, to reduce fishing effort and allow the tautog stock to recover and to allow New York State recreational anglers and commercial fishermen to utilize a valuable marine resource.

This notice will be published in issue 24 of the State Register, dated June 13, 2012.

For further information, please contact:

Stephen Heins
NYS DEC - Region 1 Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@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.


2012 Hudson River Estuary and Mohawk River Basin Grants Under the New York State Environmental Protection Fund

Applications will be accepted through July 20, 2012 for grant funding under the Hudson River Estuary and Mohawk River Basin Grant programs. Anticipated grant funds from the New York State Environmental Protection Fund (EPF) for State Fiscal Year (SFY) 2011-2012, is approximately $150,000 for Hudson River Estuary projects and an additional $20,000 is available from the EPF for Mohawk River Basin projects. This is a competitive grant program and projects must implement the goals and targets identified in the 2010-2014 Hudson River Estuary Action Agenda and the Draft 2012-2016 Mohawk River Basin Action Agenda. The Hudson River Estuary Action Agenda can be viewed at: www.dec.ny.gov/lands/5104.html and the Draft Mohawk River Action Agenda can be viewed at: www.dec.ny.gov/lands/58571.html. Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River Estuary and the Mohawk River Basin. State assistance may fund up to 50 percent of the total project cost. The matching share to be provided by the recipient is 50 percent.

Applications are available on line and can be downloaded and filled in at: www.dec.ny.gov/lands/5091.html or for a copy of the application you may contact: New York State Department of Environmental Conservation (NYS DEC), 625 Broadway, Albany, NY at (518) 402 8270. Eligible applicants are Municipalities and Not for Profit Corporations located within the geographic boundaries of the Hudson River Estuary and the Mohawk River Basin.

Contact: Jill Shaw, NYS DEC - Division of Water, Hudson River Estuary Program, 625 Broadway, 4th Floor, Albany, NY 12233-3507, Phone: (518) 402-8270, E-mail;: jashaw@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 and May 30, 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 22, 2012.

The New York State Environmental Facilities Corporation (NYS EFC) and the New 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 22, 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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