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ENB - Statewide Notices 9/5/2012

Public Notice

State Environmental Quality Review Act - Effective Date of Revised Environmental Assessment Forms (EAFs) Delayed to April 1, 2013

The effective date for the revised model EAFs has been changed from October 1, 2012 to April 1, 2013. An amended notice of adoption has been filed with the New York State Department of State and will appear in the September 5, 2012 issue of the State Register. Additional time is required to prepare the EAF workbooks and to develop the GIS-based platform that will provide project sponsors and agencies with the tools necessary to begin using the revised forms. The revised model EAFs, which replace the existing ones set out at 6 NYCRR 617.20, Appendices A, B, and C, are an update to the existing forms and incorporate consideration of areas of environmental concern that have arisen since the forms were last promulgated in 1978 and 1987.

Questions or comments on the extension of the effective date for the revised model EAFs may be directed to the attention of: Robert Ewing at (518) 402-9167 and sent by e-mail to depprmt@gw.dec.state.ny.us. Please include "NEW MODEL EAF Effective Date" in the subject line.


State Environmental Quality Review Act - Short Environmental Assessment Form (EAF) Workbook Available for Public Review and Comment

New York State Department of Environmental Conservation (NYS DEC) has completed the preparation of the DRAFT Short EAF Workbook to accompany the revised model Short EAF. The DRAFT Workbook for the Short EAF is available for review at: www.nyseaf.net. A printable PDF version of this is also available at: www.nyseaf.net.

The Short EAF workbook contains information to guide project sponsors and agency reviewers in the preparation and review of a Short EAF. It contains background information on topics and, when completed, will provide built-in links to spatial data needed to answer the questions in Part 1. The workbook should make it easier and more likely that project sponsors will have access to information that will allow them to provide an accurately completed Part 1. It will also make it easier for the reviewing agencies to confirm responses and provide guidance on how to determine the size and potential significance of an impact. A similar workbook for the Full EAF is in preparation and will be made available for public review at a later date.

Comments on the DRAFT Short EAF Workbook will be received until October 22, 2012. Comments may be submitted to the NYS DEC by either mail to NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750 or by e-mail to: depprmt@gw.dec.state.ny.us. Please include DRAFT Short EAF Workbook in the subject line.


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 Adoption 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 36 of the State Register, dated September 5, 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.us


Pursuant to the Environmental Conservation Law sections 11-0507-01, 11-13-19, 11-1909-02, 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 155 pertaining to transporting black bass raised in private hatcheries and expanding the sale of black bass for human consumption purposes.

This notice will be published in issue 36 of the State Register, dated September 5, 2012.

For further information, please contact:

Phil Hulbert
NYS DEC
625 Broadway
Albany NY 12233-4753
Phone (518) 402-8894
E-mail: pxhulber@gw.dec.state.ny.us


Notice of Revised Rulemaking

6 NYCRR Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, and 71-2105, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC proposes to amend 6 NYCRR Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles, to make it consistent with the amendments to New York Environmental Conservation Law §19-0323 and recent Court decisions.

Specifically, Part 248 would be amended by changing the definition of 'prime contractor' to read as follows: "Prime contractor means any person or entity that contracts directly with the regulated entity to perform regulated entity work ("prime contract") and who is responsible for the completion of the contract with the regulated entity. This definition shall not include subcontractors."

Part 248 would also be amended by changing the definition of 'on behalf of' to read as follows: "all heavy duty vehicles used to perform regulated entity work by a prime contractor. Those vehicles include, but are not limited to, heavy duty vehicles owned, operated or leased by a prime contractor."

Part 248 would be amended by changing the definition of 'regulated entity work' to read as follows: Regulated entity work means labor, services, material and/or equipment that is provided by the regulated entity through its employees or prime contractors except it does not include labor, services, materials and/or equipment provided by:

(i) a shipping company (including overnight delivery companies); or
(ii) a manufacturer or delivery company that does not deliver materials or equipment to the regulated entity on a regular and frequent basis.

Part 248 would be amended by changing the existing compliance schedule to allow all vehicles covered by this regulation to have best available retrofit technology (BART) on or before December 31, 2013.

Part 248 would be amended by deleting the 33 percent and 66 percent BART phase-in compliance deadlines.

Finally, Part 248 would also be amended by adding a useful life waiver provision which allows the NYS DEC to issue a waiver of the requirements of this part to a BART regulated entity or contractor upon receipt of request from such entity or contractor provided that such vehicle will be permanently taken out of service in New York State on or before December 31, 2013.

For further information, please contact:

James Bologna
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292
E-mail: 248DERA@gw.dec.state.ny.us


Notice of Availability of draft Retrofit Program Plan Guidance Document for Pathogen Impaired Watershed MS4s on Long Island

The New York State Department of Environmental Conservation (NYS DEC) is making a draft of the "Retrofit Program Plan Guidance Document for Pathogen Impaired Watershed MS4s on Long Island" available for public review and comment. The guidance clarifies information that should be submitted by MS4s to meet the permit requirements for submission of a retrofit plan by September 30, 2012 as specified in Part IX.C of the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (GP-0-10-002).

The draft guidance document is available on the NYSDEC's website at: http://www.dec.ny.gov/chemical/41392.html.

Availability for public comment: Comments on the draft guidance document will be accepted by fax or mail or email until the close of business on October 3, 2012 or on the 30th day after publication in the Environmental Notice Bulletin (ENB), whichever is later. Comments should be filed with the contact listed below.

Contact: Carol Lamb-LaFay, NYS DEC - Division of Water, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8123, Fax: (518) 402-9029, E-mail: calambla@gw.dec.state.ny.us.


Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment No. 3 to the Drinking Water State Revolving Fund
Federal Fiscal Year (FFY) 2012 Intended Use Plan

FFY 2012 Readiness List Project Amendments:

Ellenville (V), Ulster County SRF#15003- Increase IUP listed cost from $7,136,870 to $7,300,000
Southeast (T), Putnam County SRF# 15862- Increase IUP listed cost from $1,700,500 to $2,450,907

The New York State Department of Health has determined that the project amendments are necessary, reasonable and consistent with the original project concept and the scope of the projects has not changed. The cost increases are the result of higher than expected bids, additional required work, revised engineering estimates or combinations thereof. The project priority rankings above the funding line were not altered and the project amendments will not adversely affect any project on the IUP Project Readiness List above the funding line. Except for the above-noted changes, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings.

Public Review and Comment on Draft Amendment No. 3

The New York State Department of Health (NYS DOH) will accept comments on Amendment No. 3 to the FFY 2012 DWSRF IUP by mail, fax or email until 4:00 p.m. EST on Wednesday September 19, 2012.


Comments should be addressed to:

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Corning Tower Room 1135
Empire State Plaza
Albany, NY 12237
Fax: 518-402-7659

Or by email to: bows@notes.health.ny.us (If sent by email please reference "IUP amendment comment" in the subject line)


Public Meeting Notice

State Trails Council Meeting

Date: Saturday, September 15, 2012
Time: 11:00 a.m. - 3:00 p.m.
Location: Saratoga Spa State Park
Administration Building
19 Roosevelt Drive
Saratoga Springs, NY

Agenda:

  • Delegate Reports
  • New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) Park Plans
  • Recreational Trails Program (TP)
  • New York Statewide Trails Plan - Implementation Plan
  • New York State Department of Environmental Conservation (NYS DEC) Updates

Contact:
Nancy Stoner
NYS OPRHP - Trails Planner
State Trails Coordinator
625 Broadway
Albany, NY 12233
Phone: (518) 486-2909


Positive Declaration

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Hydrogen Peroxide to Control Aquatic Vegetation in Waters of New York State, under the Department Aquatic Pesticide Permit Program may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves the development of a Draft Supplemental Environmental Impact Statement to address the environmental and public health impacts from the use of pesticides, containing the active ingredient hydrogen peroxide, to control the growth of aquatic vegetation in waters of New York State. A Generic Environmental Impact Statement (GEIS) was prepared by the Department in 1981 to address impacts from using aquatic pesticides that were registered for use at that time. This draft supplement to the GEIS will address the potential impacts from the use of the subsequently registered herbicides containing the active ingredient hydrogen peroxide.

The project is located throughout the State of New York.

Contact: Martin C. Williams, NYS DEC - Division of Environmental Remediation, Bureau of Pest Management, 625 Broadway, 11th Floor, Albany, NY 12233-7254, Phone: (518) 402-8727, E-mail: mxwillia@gw.dec.state.ny.us.


Notice of Acceptance of Draft EIS and Public Comment Period

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Hydrogen Peroxide to Control Aquatic Vegetation in Waters of New York State. Comments to the contact person will be accepted by mail or email until close of business on October 5, 2012. The Draft EIS is available from the contact person listed below, the NYS DEC Regional Offices and on line at: http://www.biosafesystems.com/Art_for_emails/SEIS-GreenClean%20Products.pdf.

The action involves the development of a Draft Supplemental Environmental Impact Statement to address the environmental and public health impacts from the use of pesticides, containing the active ingredient hydrogen peroxide, to control the growth of aquatic vegetation in waters of New York State. A Generic Environmental Impact Statement (GEIS) was prepared by the Department in 1981 to address impacts from using aquatic pesticides that were registered for use at that time. This draft supplement to the GEIS will address the potential impacts from the use of the subsequently registered herbicides containing the active ingredient hydrogen peroxide.

The project is located throughout the State of New York.

Contact: Martin C. Williams, NYS DEC - Division of Environmental Remediation, Bureau of Pest Management, 625 Broadway, 11th Floor, Albany, NY 12233-7254, Phone: (518) 402-8727, E-mail: mxwillia@gw.dec.state.ny.us.


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