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ENB - Statewide Notices 7/31/2013

Public Notice

Notice of Adoption of New York State Department of Environmental Conservation (NYS DEC) Program Policy

DAR-2: "Oversight of Private Air Monitoring Networks"

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has adopted a Division of Air Program Policy entitled: DAR-2, "Oversight of Private Air Monitoring Networks" (Policy). Pursuant to ECL §3-0301(2)(z), the Policy will take effect on August 31, 2013.

This policy is a revision to existing DAR-2 that was issued on December 16, 1997. DAR-2 is revised to reflect current NYS DEC procedures.

The purpose of the proposed Policy is to delineate the oversight procedures required by NYS DEC for private air monitoring networks. These procedures must be followed if collected data is to be used for permitting, SEQRA, or compliance determinations.

Pursuant to ECL §3-0301(2)(z), notice of the proposed Policy was initially provided in the May 22, 2013 edition of the Environmental Notice Bulletin, and a draft version of the Policy was made available to the public. Moreover, public comments on the draft Policy were accepted for a 30 day period, through June 24, 2013. No comments were received during the public comment period.

The final version of the Policy is available on the NYS DEC website at: http://www.dec.ny.gov/chemical/8533.html.

Questions regarding the Policy should be directed to: Michael Styk, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233, Phone: (518) 525-2708, E-mail: dar.web@dec.ny.gov, from whom a copy of the Policy may also be obtained.


State Pollutant Discharge Elimination System (SPDES) General Permit for Concentrated Animal Feeding Operations (CAFOs) Permit No. GP-0-09-001

NYS DEC has finalized modifications to the State Pollution Discharge Elimination System (SPDES) General Permit for Concentrated Animal Feeding Operations (CAFOs) GP-0-09-001 to conform to the recently adopted amendments to 6 NYCRR Parts 750 and 360 on Concentrated Animal Feeding Operations (CAFO). The notice of final adoption of the regulatory changes was published in the New York State Register on May 8, 2013. The regulatory amendments clarify requirements of the CAFO program, exempt non-discharging AFOs with 200 to 299 mature dairy cows from obtaining SPDES permit coverage, and eliminate duplicative regulatory requirements under Part 360. The General Permit has been modified to conform to changes in the rules, to clarify the NYS DEC's expectations of permittees, while continuing to maintain terms and conditions adequately protective of the environment.

The permit modification and the recently adopted amendments to 6 NYCRR Parts 750 and 360 regarding CAFOs are intended to provide regulatory relief to a portion of the dairy community to assist them in meeting the expected demand from the yogurt industry, while ensuring that the risks posed to the environment will be manageable.

The draft permit modification was published on December 19, 2012. Public comments were received from December 19, 2012 through January 22, 2013. The response to comments is included as Appendix D of the final EIS, which is available at: www.dec.ny.gov/permits/6285.html.

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

The final general permit can be accessed on the NYS DEC - 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: cafoinfo@gw.dec.state.ny.us


Data Solicitation for 2014 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2014. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2014 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Every year waters in two or three of the 17 drainage basins in the state are scheduled to be reassessed. This rotating basin approach allows for a reassessment of water quality of the entire state every five years. The assessment of these waters is a public process and participation and input from a wide range of state, federal and local agencies and non governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

However every two years, corresponding to the development of the State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the List, but will be used during the subsequent water quality assessment for the corresponding basin during the reassessment cycle. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and use of this data and information may also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to maintain an effective and comprehensive review of solicited data and information and insure the timely submittal of the List, it is necessary to establish a cut off date for the receipt of water quality data and information. Therefore in order to be included for full consideration in the compiling of the 2014 CWA Section 303(d) List, data and information must be received by September 30, 2013. It is not the intent of this cut off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to USEPA by April 1, 2014.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2014 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet. This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non support of a waterbody absent specific (numeric) monitoring data. Information regarding the Waterbody Inventory/Priority Waterbodies List, including the WI/PWL worksheet and instructions for completing the worksheet, can found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23846.html. Worksheet information can also be obtained by contacting Jeff Myers at the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179. Completed WI/PWL worksheets and supporting water quality monitoring data should sent to the address above, or forwarded via e-mail to: 4pwlinfo@gw.dec.state.ny.us. Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2014 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing Methodology can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html.

Additional information regarding the NYS DEC Water Quality Assessment Program, including the Waterbody Inventory/Priority Waterbodies List assessments and Section 305(b) water quality reporting can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, E-mail: jamyers@gw.dec.state.ny.us.


Notice of Availability of Preliminary Drafts for Public Consideration Regarding the Petroleum Bulk Storage and Chemical Bulk Storage Regulations

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is providing Preliminary Drafts for Public Consideration of revised Petroleum Bulk Storage (PBS) and Chemical Bulk Storage (CBS) regulations for comment by stakeholders. NYS DEC will be revising these regulations regarding the handling and storage of petroleum and hazardous substances to reflect changes in state and federal laws. These drafts and an informal public comment period are being provided to help inform stakeholders and to identify any major issues to be addressed before the draft regulations are formally proposed.

These Preliminary Drafts for Public Consideration represent Phase I of a two-phase rule making process. Phase II will occur once the United States Environmental Protection Agency finalizes a rule making process that is currently underway to revise the federal regulations governing the storage of petroleum and hazardous substances in underground storage tanks (40 Code of Federal Regulations Parts 280-281). Phase I accomplishes three goals: 1) reflect changes in state and federal law in the implementing regulations, particularly regarding the requirement for facility operator training and the ability of NYS DEC to prohibit deliveries of petroleum and hazardous substances to tank systems that are in significant non-compliance with the regulations; 2) consolidate existing state and federal requirements so that they are all in one set of regulations; and 3) increase the consistency between state and federal regulations particularly regarding key definitions and the structure of the regulations. Issuing these drafts for public consideration provides opportunities for public participation in the rule making process and for NYS DEC to obtain informal public comments before the draft regulations are formally proposed and published in the New York State Department of State's State Register.

To help the public understand the draft regulations, ask questions, and provide informal comments, NYS DEC will be hosting a live webinar on August 14, 2013 from 10:00 a.m. - 12:00 p.m. and a public information meeting on September 10, 2013 from 10:00 a.m. - 12:00 p.m. in Albany (staff will also be available for discussion after the meeting). Details regarding how to participate in the webinar or attend the public meeting are available on NYS DEC's website: http://www.dec.ny.gov/chemical/92526.html

A longer, formal, public comment period will be provided in fall-winter 2013 once the regulations are officially proposed. Additional public meetings and formal hearings will also be announced and held.

Written comments regarding these Preliminary Drafts for Public Consideration will be accepted until Friday, September 20, 2013. Comments should be submitted to: Russ Brauksieck, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020 or e-mailed to derweb@dec.ny.gov. Please include "Comments on Drafts for Public Consideration" in the subject line of the email.

All documents and related information are available on DEC's website at: http://www.dec.ny.gov/chemical/92526.html. If you do not have internet access, please write to the address above or call (518) 402-9553.

Contact: Russ Brauksieck, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, Phone: (518) 402-9553, E-mail: derweb@dec.ny.gov.


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