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ENB - Statewide Notices 4/24/2013

Public Notice

Parts 750 and 360 of 6 NYCRR Rulemaking

Notice of Adoption of Findings 6 NYCRR Parts 750 and 360

Pursuant to: 33 U.S.C. 1251, et seq. (Federal Water Pollution Control Act) and Environmental Conservation Law, 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:

Please take notice that NYS DEC, as lead agency, has adopted findings in the above referenced rulemaking, pursuant to Article 8 of the Environmental Conservation Law and its implementing regulations at 6 NYCRR Part 617. Please take further notice that the Notice of Adoption of Rules was filed with the New York State Department of State on April 18, 2013. The full adoption notice is expected to appear in the New York State Register on May 8, 2013.

These regulations clarify requirements of the Concentrated Animal Feeding Operations (CAFO) Program. Specifically, the regulations - consistent with federal law - define previously considered non-discharging CAFOs with 200 to 299 mature dairy cows as Animal Feeding Operations (AFOs). This change relieves this category of dairy farms from being required to obtain a State Pollutant Discharge Elimination System (SPDES) permit under NYS DEC's CAFO program. The regulations also eliminate duplicative regulatory overlap between Part 750 and Part 360, clarify the requirements applicable to anaerobic digesters, which are not adequately addressed in the current Part 360 regulations, and outline the criteria for land application of fish hatchery waste and composting of animal mortalities.

The rulemaking documents can be accessed on the Division of Water's webpage for proposed and recently adopted regulations: www.dec.ny.gov/regulations/87499.html.

The EIS can be accessed on the Division of Water's CAFO webpage at: www.dec.ny.gov/permits/6285.html.

For further information, contact:

Erica Cruden
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3505
Phone: (518) 402-8102
E-mail: dowinformation@dec.ny.gov

New York State Department of Environmental Conservation (NYS DEC) Announces the 10th Anniversary of the Environmental Excellence Awards

Application Period Open

NYS DEC is now accepting applications for New York State's tenth annual Environmental Excellence Awards. This awards program recognizes and gives visibility to outstanding, innovative and sustainable projects or programs. Eligible applicants include businesses, educational institutions, not-for-profit organizations, facilities, government agencies and individuals implementing innovative, sustainable actions or working in creative partnership to improve and protect New York's environmental resources and contribute to a viable economy. The 2013 Application Brochure and "Tips for Applicants" document are available on NYS DEC's website at: www.dec.ny.gov/public/945.html.

IMPORTANT: Applications must be postmarked by Friday, May 10, 2013.

NYS DEC is especially interested in acknowledging projects that achieve significant environmental benefits through: initiatives to reduce greenhouse gas emissions; cutting-edge pollution prevention technologies; initiatives to "green" businesses, farms, schools, recreational facilities and hospitality facilities; innovative wind, solar and biomass projects; creative natural resource/habitat protection or restoration efforts; energy efficiency improvements; adaptation to climate change; waste reduction and recycling efforts; manufacturing process improvements; and creative approaches to urban forestry or farming, programs advancing "grown locally." Projects located in environmental justice communities are strongly encouraged.

To be eligible, a project must be in New York State; result in measurable environmental and economic benefits beyond what could have been achieved by using standard techniques or complying with regulatory requirements; be initiated within the past three years and be fully operational for at least 12 months. Applicants must be in compliance with New York Environmental Conservation Law, applicable permits and local laws.

Review criteria will include an assessment of: environmental benefits; economic benefits; innovative approach of the project; advancement of sustainability; how creative partnerships were created or strengthened by the project; demonstration of commitment, leadership and environmental excellence, demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements.

Winners will be honored at a 10th anniversary celebration and awards ceremony that will be held in early winter. At the ceremony, winners will have an opportunity to present and display information about their award winning project or program.

For more information about the Environmental Excellence Awards program, contact: NYS DEC - Division of Environmental Permits and Pollution Prevention, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9469, Fax: (518) 402-9168, E-mail: awards@dec.ny.gov.

This notice announces the availability of a Draft Annual Report by the New York State Department of Transportation (NYS DOT), pursuant to the New York State Department of Environmental Conservation (NYS DEC) SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), GP-0-10-002. The Draft Annual Report documents NYS DOT's Stormwater Management Program for the Reporting Period of March 10, 2012 to March 9, 2013.

The NYS DOT is making this draft document available for public comment for a period ending May 17, 2013. Interested parties may provide their comments to NYSDOT via the mail or e-mail to be considered in finalizing the document.

Background: SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), GP-0-10-002, requires that agencies or municipalities identified as Regulated Small MS4s must develop a Stormwater Management Program to address six Minimum Control Measures. This public notice serves to comply with NYSDOT's "Public Involvement/Participation" Minimum Control Measure.

Information: Copies of the Draft Annual Report can be obtained by contacting the NYSDOT Office of Environment by mail at POD 41, 50 Wolf Road, Albany, NY 12232, or by phone at 518-457-5672. The Annual Report is also available on the NYSDOT Stormwater Management webpage during the comment period at:

Mail comments to: David R. Graves, NYS DOT - Office of Environment, POD 41, 50 Wolf Road, Albany, NY 12232, E-mail: Stormwater@dot.state.ny.us - Subject Line: Comments - Draft MS4 Annual Report 2013.

Pursuant to Title 9, Article 54 of the Environmental Conservation Law, the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) public notice of the following:

Notice is hereby given, pursuant to Section 49-0305 (9) of the Environmental Conservation Law, that the State of New York acting by and through the NYS OPRHP to acquire a Conservation Easement from the following: North Shore Land Alliance in Cold Spring Harbor, Suffolk County, New York; County of Orange, Sparrowbush, New York; Mohonk Preserve, Inc. in New Paltz, Ulster County, New York; Shaker Museum and Library in New Lebanon, Columbia County, New York.

For further information, contact: Beatrice Gamache, NYS OPRHP - Bureau of Grants Management, 625 Broadway, Albany, NY 12238, Phone: (518) 473-3321, Fax: (518) 486-7377.

State Pollutant Discharge Elimination System (SPDES) Priority Ranking List 2013/2014

The New York State Department of Environmental Conservation (NYS DEC) is providing the Environmental Benefit Permit Strategy (EBPS) priority rankings in conformance with section 17-0817(6) of the Environmental Conservation Law. The lists are based on a ranking system that prioritizes permits for full technical review and, when necessary, modification. The full technical review is conducted in one of nine regional offices or the central office, depending on the location of the discharge and whether the permit has been assigned to the central office based on United State Environmental Protection Agency (USEPA) designation as a major discharge or state designation as a centralized significant industrial permit.

The EBPS priority ranking system should not be confused with the SPDES permit renewal process. Most permits are renewed prior to expiration by a separate administrative procedure. At times, these renewals will be delayed to address necessary modifications to the permit.

The 2013/2014 SPDES permit lists can be viewed at the NYS DEC website: http://www.dec.ny.gov/permits/6054.html. The lists are based on ranking scores and reflect the priority list for each office. The ranking scores are updated on a continuous basis due to the discovery of new information and the issuance of modifications that eliminate the factors which go into each score. Each of the ranking lists includes the factors that make up each of the scores for each of the permits on the lists. The top 10% of each list represents a workload objective during this fiscal year. Additional information describing the EBPS process follows the ranking lists, and is also available by contacting the Bureau of Water Permits at (518) 402-8111 or by e-mail at: bjhorton@gw.dec.state.ny.us, or at the address listed below.

Any interested party may provide, at any time, substantive comments requesting a change in a permit's rank based on the grounds that newly discovered material information exists; that a material change in environmental conditions has occurred; or that relevant technology or applicable law or regulations have changed since the issuance of the existing permit. All such requests shall be in writing and contain facts or reasons supporting the request. Comments must be sent to Director, NYS DEC -Division of Water, Bureau of Water Permits, 625 Broadway, Albany, NY 12233-3505.

Contact: Aseem Kumar, NYS DEC - Division Of Water, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8275, E-mail: axkumar@gw.dec.state.ny.us.

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