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ENB - Statewide Notices 8/7/2013

Public Notice

Notice of Adoption to Amend 6 NYCRR Part 180 / Section 180.9

Pursuant to the Environmental Conservation Law sections 3-0301; 11-0303; 11-0305; 11-0507 & 11-0511, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Part 180, pertaining to the Exemption for the Possession and Sale of Bighead Carp. This notice will be published in issue 32 of the State Register, dated August 7, 2013.

For further information, please contact:

Shaun Keeler
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany NY 12233-4753
Phone: (518) 402-8928
E-mail: sxkeeler@gw.dec.state.ny.us

Please reference the following web-page: http://www.dec.ny.gov/regulations/propregulations.html


Notice of Emergency Adoption and Proposed Rule Making to Amend 6 NYCRR Section 40.1

Pursuant to the Environmental Conservation Law sections 11-0303, 11-1303, 13-0105 and 13-0342, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Section 40.1 pertaining to Atlantic menhaden regulations. This rule making will establish Atlantic menhaden commercial quota management, reporting requirements and a recreational possession limit. This rule making is necessary to implement Amendment 2 of the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic menhaden Fishery Management Plan (FMP) to reduce harvest by 20 percent in order to end overfishing on the stock and remain in compliance with the plan.

This notice will be published in issue 32 of the State Register, dated August 7, 2013.

Please reference the following web-page: www.dec.ny.gov/regulations/propregulations.html

For further information, please contact:

Kim McKown
NYS DEC - Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0454
E-mail: kamckown@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.


New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment No. 3 to the Drinking Water State Revolving Fund Federal Fiscal Year (FFY) 2013 Intended Use Plan

FFY 2013 Readiness List Project Amendments:

Essex (T), Essex County DWSRF#17629 - The project cost is amended from $1,515,954 to $3,072,212 to incorporate project updates made since the project was initially listed in 2008.

Newport (V), Herkimer County DWSRF#17552-The project cost is amended from $2,175,000 to $2,400,000 to incorporate project updates made since the project was initially listed in 2006.

The New York State Department of Health (NYS DOH) has determined that the project amendments are necessary and reasonable. The project amendments will not adversely affect any project on the IUP Project Readiness List above the funding line. Except for the above-noted changes, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings.

Public Review and Comment on Draft Amendment No. 3

The NYS DOH will accept comments on Amendment No. 3 to the FFY 2013 DWSRF IUP by mail, fax or email until 5:00 p.m. EST on Wednesday August 21, 2013.

Comments and questions should be addressed to:

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Corning Tower Room 1135
Empire State Plaza
Albany, NY 12237
Fax: 518-402-7599

Or by email to: bpwsp@health.state.ny.us (If sent by email please reference "IUP amendment comment" in the subject line)


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