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ENB - Statewide Notices 12/12/2012

Public Notice

Notice of revised rulemaking for the regulation of activities associated with High Volume Hydraulic Fracturing.

Pursuant to the Environmental Conservation Law and the State Administrative Procedures Act, the New York State Department of Environmental Conservation (NYS DEC) has filed revised regulations relating to high volume hydraulic fracturing to amend 6 NYCRR Parts 52, 190, 550-556 and Subpart 750-1 and add Part 560 and Subpart 750-3, available at: http://www.dec.ny.gov/regulations/77353.html.

On September 28, 2011, NYS DEC published the notice of proposed rulemaking in the New York State Register and the Environmental Notice Bulletin (ENB) for public review. NYS DEC has revised the proposed rulemaking in response to public comments received to, among other things, reorganize the text of the proposed regulations for clarity and ease of understanding. These changes, deemed substantial revisions as that term is defined in the State Administrative Procedure Act, entitles NYS DEC to extend the rulemaking for 90 days as authorized pursuant to Section 202(3) of the State Administrative Procedure Act.

Public Comment: Public comment on the substantial revisions to the proposed rulemaking will be accepted until 5:00 p.m. on January 11, 2013 at: http://www.dec.ny.gov/energy/76838.html or you may submit written comments to: HVHF Revised Rulemaking Comments, NYS DEC, 625 Broadway, Albany, NY 12233-6510.

For general information and questions you can send an e-mail to: public@dec.ny.gov or call (518) 402-8044.

Contact: Eugene J. Leff, NYS DEC, 625 Broadway, Albany, NY, Phone: (518) 402-8044, E-mail: public@dec.ny.gov.

Notice of Document Availability

DOW TOGS 3.1.3 - Emergency Action Plans for Dams (revised December 2012)

Lead Agency: New York State Department of Environmental Conservation (NYS DEC) - Division of Water

Brief Description:
New York State Environmental Conservation Law (ECL) and Dam Safety Regulations (6NYCRR Part 673 - Part 673) require owners of Class C-High Hazard and Class B-Intermediate Hazard dams to develop, maintain and follow an Emergency Action Plan (EAP) for use in the event of a developing dam failure or other uncontrolled release of stored water.

Guidance for Developing an Emergency Action Plan (EAP) (DOW 3.1.3) was developed to assist Dam Safety staff in the review, and dam owners in the preparation of, an EAP in compliance with the revised regulations. EAP templates are provided as attachments. DOW 3.1.3 was originally issued in June 2010. This document is a revision to the original document. The following is a summary of the revisions:

  • Changed designation from DOW 3.1.3 to DOW TOGS 3.1.3
  • Modified Latest Date Revised from "New" to "December 2012"
  • Changed Dam Safety Section name and abbreviation to "Dam Safety program within the Division of Water's Bureau of Dam Safety and Flood Protection ("DEC/DSS")" for consistency and clarity
  • Revised name and contact information for New York State Office of Emergency Management
  • Added web address (URL's) for post-incident form under "Related References" and in EAP instructions, under directions for filling out a post-incident report
  • Corrected typographic errors

Document Availability:

DOW TOGS 3.1.3 is available for download on the NYS DEC's web site: http://www.dec.ny.gov/lands/4991.html.

DOW TOGS 3.1.3 can be obtained by sending an email request to dowinformation@dec.ny.gov with the subject line "Request DOW TOGS 3.1.3".

Or by calling (518) 402-8185.

The Guidance is available by email, or mailed as a single CD or a single paper copy. Please specify the format desired.

DOW TOGS 3.1.3 is in effect Statewide.

Contact: Alon Dominitz, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3504, Phone: (518) 402-8185, E-mail: dowinformation@dec.ny.gov.

Notice of Acceptance of Draft EIS and Public Hearing (Correction)

The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Draft Environmental Impact Statement (DEIS) on its proposed rulemaking to amend provisions of 6 NYCRR Subparts 750-1, 360-4 and 360-5. The amendments clarify requirements of the Concentrated Animal Feeding Operation (CAFO) program; relieve non-discharging Medium CAFOs with 200 to 299 mature dairy cows from the requirement to obtain a permit; establish requirements with respect to anaerobic digesters, land application and composting facilities; and eliminate duplicative regulatory requirements under Part 360.

Public hearings on the Draft EIS and proposed regulations will be held on January 4, 2013 from 2:00 p.m. to 4:00 p.m. at the following locations: NYS DEC Central Office, 625 Broadway, Albany; NYS DEC - Region 5 Ray Brook Office, 1115 NYS Route 86, Ray Brook; NYS DEC - Region 8 Avon Office, 6274 East Avon-Lima Road, Avon; and at the NYS Fairgrounds, Martha Eddy Room, 581 State Fair Boulevard, Syracuse. Written comments will be accepted for 45 days following publication in the New York State Register on December 5, 2012. Printed copies of the Draft EIS, proposed regulations and regulatory impact statement are available from the contact person listed below. The Draft EIS is available on line at: www.dec.ny.gov/permits/6285.html. The regulations are available on line at: www.dec.ny.gov/regulations/87499.html.

This notice clarifies a notice that appeared in the ENB on December 5, 2012.

Contact: Erica Cruden, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8111, E-mail: cafoinfo@gw.dec.state.ny.us.

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