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ENB - Statewide Notices 11/21/2012

Public Notice

Notice of Adoption

6 NYCRR Parts 601 and 621 Water Withdrawals

Pursuant to Environmental Conservation Law Sections (ECL) 3-0301(1)(f), 3-0301(2)(m), 3-0306(4), 8-0113(2), 70-0107; ECL article 15, titles 15, 16 and 33; ECL article 21 title 10; and ECL article 70.

The New York State Department of Environmental Conservation (NYS DEC) water withdrawal rule making repeals 6 NYCRR Parts 601 and 675 entirely adopts a new Part 601, and revises Part 621. The rule making harmonizes elements of the existing regulations with the water withdrawal bill (A.5318-A/ S.3798) signed into law by Governor Cuomo on August 15, 2011. The adopted regulations become effective April 1, 2013, and certain applications for water withdrawal permits are due June 1, 2013.

The August 2011 statutory amendments have a broad array of legislative objectives, all of which are carried out in the revisions to 6 NYCRR part 601. ECL article 15 title 15 originally required permits solely for public water supplies with five or more service connections, regardless of the volume of water withdrawn. The amendments expand the permit program to include withdrawals for purposes beyond public water supply, such as those for commercial, manufacturing, industrial, and other purposes. However, the amendments also limit the permit program to only include withdrawals that meet or exceed a threshold volume of 100,000 gallons per day. The effect is to regulate more of the higher-volume withdrawals across the state while no longer issuing water withdrawal permits for lower-volume public water supplies. Withdrawals below the threshold volume must still comply with water pollution control laws (ECL article 17), New York State Department of Health regulations and state environmental quality review (SEQR) requirements, as applicable.

The purpose of part 601 is to regulate the use of New York's water resources pursuant to ECL article 15 title 15 by implementing a permitting, registration and reporting program for water withdrawals equaling or exceeding a threshold volume of 100,000 gallons per day. This Part also implements New York's commitment under the Great Lakes-St. Lawrence River Basin Water Resources Compact to create a regulatory program for water withdrawals in the Great Lakes Basin.

There are several statutory exemptions to the permit requirement. For example, agricultural withdrawals that are registered or reported to NYS DEC under ECL article 15 titles 16 or 33 on or before February 15, 2012 are exempt altogether from the water withdrawal permit requirement, and the registration requirement for agricultural withdrawals is subject to a more generous threshold volume (i.e., an average of 100,000 gpd over a 30 day period). The proposed regulations add more exemptions.

For existing water withdrawal systems that are not exempt and that were above the threshold volume as of February 15, 2012, an 'initial permit' process is provided, which is somewhat less costly and time-consuming than the standard permit process and provides additional time to comply depending on the capacity of the water withdrawal system. To take advantage of the initial permit process, existing withdrawals must have been properly reported by February 15, 2012.

Revisions to 6 NYCRR part 621.4, Uniform Procedures, are included in this rule making for consistent use of terms and to include water withdrawal "initial permits" in the 'minor' project category.

As stated above, the adopted regulations become effective April 1, 2013, and certain applications for water withdrawal permits are due June 1, 2013. The Notice of Adoption is scheduled for publication in the November 28, 2012 issue of the State Register and will be posted on the NYS DEC's website at http://www.dec.ny.gov/regulations/39559.html.


For further information, please contact:

Robert Simson
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8271


Parts 750 and 360 of 6 NYCRR Rulemaking

On November 20, 2012, the New York State Department of Environmental Conservation (NYS DEC) filed with the Secretary of State its Notice of Proposed Rulemaking, Certifications, Express Terms and Summary, Regulatory Impact Statement and Summary, Job Impact Statement, Rural Area Flexibility Analysis, Regulatory Flexibility Analysis and Statement to Pursuant to EO-17 to amend Parts 750 and 360 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York. The amendments clarify requirements of the Concentrated Animal Feeding Operations (CAFO) Program, relieve non-discharging medium CAFOs with 200 to 299 mature dairy cows from regulations, and eliminate duplicative regulatory requirements under Part 360.

The proposed rulemaking will be published in the State Register on December 5, 2012. For more information on the CAFO rulemaking, e-mail: cafoinfo@gw.dec.state.ny.us.

For more information about this rulemaking, please contact:

Robert Simson
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8271
E-mail: cafoinfo@gw.dec.state.ny.us



Notice of Proposed Rule Making
6 NYCRR Parts 750 and 360

Pursuant to Environmental Conservation Law Sections ECL § 1-0101; ECL Article 3, Title 3; ECL § 8-0113; ECL § 11-0325; ECL Article 17, titles 3, 5, 7, 8; ECL § 19-0301; ECL § 19-0303; ECL § 19-0304; ECL § 19-0306; ECL § 19-0307; ECL Article 27, titles 1, 3, 5, 7, 9, and 13; and ECL Article 70, Title 1 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The purpose of Part 750 is to regulate the State Pollutant Discharge Elimination System permit program pursuant to ECL article 17, titles 7 and 8. The purpose of the proposed Part 750 rulemaking is to promote and foster the yogurt industry in New York by encouraging an adequate supply of locally produced milk from New York farms. By relieving non-discharging farms with 200-299 mature dairy cows from the obligation to obtain permit coverage, smaller non-discharging dairy farms will be encouraged to expand the size of their herds and produce more milk. Increased milk production is expected to create jobs in the dairy industry, yogurt processing plants, and the construction industry to accommodate the potential expansion of yogurt industry in New York.

The proposed action expressly defines the term "CAFO" (Concentrated Animal Feeding Operations) (which was previously reserved); encourages economic progress by promoting dairy product production with minimal risk to health and safety; and makes clear the NYS DEC's authority to issue both a CWA and an ECL CAFO General Permit. This proposed rulemaking clarifies the scope of the NYS DEC's regulatory authority regarding Medium CAFOs by including a definition for Medium CAFOs consistent with federal requirements, while explicitly exempting those farms (200-299 mature dairy cows) that do not discharge into surface waters from needing SPDES permit coverage. Furthermore, the proposed rule provides flexibility by allowing non-discharging CAFOs with 200-299 mature dairy cows the option to seek CAFO SPDES permit coverage should the CAFO desire to do so. It is anticipated that by reducing the regulatory burden on relatively small Medium CAFOs, an impediment would be removed for dairy farms below the threshold of 200 mature dairy cows to expand their herd's size, and, thereby increase dairy production.

The purpose of the proposed revisions to Subparts 360-4 and 360-5 is also, in part, to promote the New York yogurt industry. Subparts 360-4 and 360-5 govern facilities that recycle various solid wastes through application to agricultural soil or through processing, such as composting or anaerobic digestion that converts the organic matter in solid waste to soil products. These changes anticipate the increased production of yogurt and other dairy products in New York State, and the increased recycling of whey and similar food processing wastes through land application and other means.

Under the proposed action, a CAFO that is duly permitted under 6 NYCRR Part 750 where waste processing and application is addressed in a Comprehensive Nutrient Management Plan (CNMP) would be exempt from registration or permitting under Part 360 for a land application facility, manure storage facility or an anaerobic digestion (AD) facility.

Among some of the other changes to the NYS DEC's existing rules in Part 360 are the following: exempting land application facilities for undigested food and fecal material emanating from New York State owned or licensed fish hatcheries from the requirements of Subpart 360-4 where the waste is applied at or below agronomic rates; expanding the eligibility for registration (rather than requiring a permit) for organics processing facilities for animal mortalities or parts generated from a farm, slaughterhouse, butcher or other generator; establishing eligibility for registration for composting facilities for dewatered solids from an AD facility that is subject to registration and AD facilities that accept less than 50 tons of waste per day that does not contain human fecal matter provided that certain operating conditions are met; and making revisions to application requirements, pathogen and vector attraction criteria, pollutant limits and product use for material distributed to the public, and design criteria and operational requirements with respect to source separate organics processing and AD facilities. Collectively, these proposed changes to Part 360 encourage the development of economical projects for the present and future collection, treatment and management of solid waste; reduce duplicative requirements that have been placed on farms and CAFOs; and would facilitate the growth of AD facilities by outlining regulatory expectations early in the development process.

The full Notice of Proposed Rule Making is scheduled for publication in the December 5, 2012 State Register. Written public comments on these regulations will be accepted for 45 days following their publication in the State Register. Public hearings during the public comment period regarding the proposed regulations will be held on January 4, 2013 at the Department's Central Office in Albany, Region 5 office in Raybrook, Region 7 in the New York State Fairgrounds, and Region 8 office in Avon. Further details will be provided in the Environmental Notice Bulletin and on NYS DEC's website.

Hard copies of the proposed regulations are available from the contact person listed below.

For further information, please contact:

Robert Simson
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8271
E-mail: cafoinfo@gw.dec.state.ny.us


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