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ENB - Statewide Notices 12/19/2012

Public Notice

Availability for Comment on Draft TMDL Amendment

This notice announces the availability of a Draft amendment to a Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) to address the following waterbody:

Onondaga Lake, Onondaga County

An amendment to the existing ammonia TMDL for Onondaga Lake is proposed. Public comment on this document will be accepted for 30 days, through close of business January 18, 2013.

Background: States are required by Section 303(d) of the Clean Water Act and the U. S. Environmental Protection Agency's (EPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

An ammonia TMDL for Onondaga Lake was issued in 1998. The TMDL resulted in reduced ammonia loads to Onondaga Lake, which was subsequently delisted from the 303(d) list in 2008. Work associated with remediation of contaminated sites in the Onondaga Lake watershed requires discharge of ammonia to the Lake. The proposed amendment will create a waste load allocation for the discharge under the existing TMDL. Additional load reductions will not be required from any point or non-point sources as current data indicates non-point sources loads have decreased sufficiently since the 1998 TMDL was developed to accommodate this discharge.

Information: Copies of the proposed Draft amendment to the TMDL can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html or by contacting: Steve Gladding at NYS DEC - Division of Water, Bureau of Water Resource Management by mail at 625 Broadway, 4th Floor, Albany NY 12233-3508, or by phone at (518) 402-8207, or via email at: smgladdi@gw.dec.state.ny.us. Parties interested in meeting with NYS DEC personnel regarding the Draft amendment to the TMDL document should contact Steve Gladding via phone or at the address above to request a meeting. Comments on the Draft amendment to the TMDL document should be sent, written or e-mail, to the same address.

Comments received by close of business January 18, 2013 will be considered prior to submitting the final TMDL amendment to the EPA for approval.

Contact: Steve Gladding, NYS DEC - Division of Water, Bureau of Water Resource Management, 625 Broadway, 4th Floor, Albany NY 12233-3508, Phone: (518) 402-8207, E-mail: smgladdi@gw.dec.state.ny.us.

Concentrated Animal Feeding Operations (CAFO) Rulemaking and Modification to General Permit

The New York State Department of Environmental Conservation (NYS DEC) is modifying the SPDES Environmental Conservation Law (ECL) General Permit for Concentrated Animal Feeding Operations (CAFOs) GP-0-09-001. GP-0-09-001 was initially published for public review and comment in the Environmental Notice Bulletin on December 17, 2008, and was effective July 1, 2009. The expiration date of the permit remains June 30, 2014.

NYS DEC proposes to modify GP-0-09-001 to conform to the proposed Rulemaking to Amend 6 NYCRR Parts 750 and 360 regarding Concentrated Animal Feeding Operations (CAFO). The regulatory amendments clarify requirements of the CAFO program, exempt non-discharging medium CAFOs with 200 to 299 mature dairy cows from obtaining SPDES permit coverage, and eliminate duplicative regulatory requirements under Part 360. This ECL General Permit has been modified to conform to changes in the proposed rulemaking, to clarify NYS DEC's expectations of permittees, to correct grammatical and typographical errors, while continuing to maintain terms and conditions adequately protective of the environment. NYS DEC, as lead agency, has prepared a Draft Environmental Impact Statement (Draft EIS) on the proposed rulemaking and the proposed modifications to GP-0-09-001.

The public comment periods for both the proposed rulemaking and the modifications to GP-0-09-001 will run until January 21, 2013.

Public hearings on the proposed rulemaking, which include the permit modification, will be held on January 4, 2013 from 2:00 p.m. to 4:00 p.m. at the NYS DEC's Central Office in Albany, 625 Broadway, Albany; the NYS DEC - Region 5 Office at 1115 State Route 86, Raybrook; the Martha Eddy Room at the New York State Fairgrounds at 581 State Fair Boulevard, Syracuse; and the NYS DEC - Region 8 Office at 6274 East Avon-Lima Road, Avon. In the event of inclement weather, the hearings will be held on January 7, 2013 at the same locations and time.

The current general permit, the draft modified permit, the Draft EIS, and associated documents can be accessed on the CAFO webpage at: http://www.dec.ny.gov/permits/6285.html. For additional information or to submit comments on the permit modification, send an email to: cafogp@gw.dec.state.ny.us.

The proposed rulemaking documents, including the express terms for Part 750 and Part 360, and the Regulatory Impact Statement can be accessed on the NYS DEC -Division of Water's Proposed and Recently Adopted Regulations page at: www.dec.ny.gov/regulations/87499.html. For additional information on the proposed rulemaking or to submit comments on the rule, send an email to: cafoinfo@gw.dec.state.ny.us.

Printed copies of any of the above documents may be requested from the contact person listed below.

Contact: Robert Simson, NYS DEC - Division of Water, 625 Broadway, 4th Floor , Albany, NY 12233-3507, Phone: (518) 402-8271, E-mail: rjsimson@gw.dec.state.ny.us.

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