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ENB - Statewide Notices 8/14/2013

Public Notice

New York State Department of Environmental Conservation (NYS DEC) Establishes Quarantine District to Match New York State Department of Agriculture and Markets (NYS DAM) and United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Quarantines Areas to Control Further Spread of Emerald Ash Borer in New York

The NYS DEC has rescinded its prior Emerald Ash Borer (EAB) Quarantine Orders, and adopted a new Quarantine Order which establishes one NYS DEC EAB Quarantine District to consolidate the prior quarantine districts and expand the quarantine to include all of the existing quarantined counties of Green, Orange, Ulster, Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Steuben, Wayne, Wyoming, and Yates Counties, plus Albany, Broome, Cayuga, Chenango, Columbia, Cortland, Delaware, Dutchess, Otsego, Putnam, Rensselaer, Schenectady, Schoharie, Seneca, Sullivan, Tioga and Tompkins Counties and parts of Fulton, Herkimer, Madison, Montgomery, Oneida and Onondaga Counties. This NYS DEC EAB Quarantine District matches the recently expanded EAB regulated quarantine areas established by NYS DAM, and the USDA APHIS.

NYS DEC's Quarantine Order prohibits the intrastate movement of EAB, and the movement of ash nursery stock, ash trees, and ash wood products, and firewood, wood chips and bark mulch from any tree species, beyond the quarantine district without certification or compliance agreements from NYS DAM or USDA APHIS, in addition to other provisions as defined in the Order.

The NYS DEC Quarantine Order will become effective 10 days after it is filed with the clerks of Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Columbia, Cortland, Delaware, Dutchess, Erie, Fulton, Genesee, Greene, Herkimer, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Orange, Otsego, Putnam, Rensselaer, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Ulster, Wayne, Wyoming and Yates Counties.

A copy of the Quarantine Order can be found at: http://www.dec.ny.gov/animals/47761.html on NYS DEC's website.

The Quarantine District will include all towns in Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Columbia, Cortland, Delaware, Dutchess, Erie, Genesee, Greene, Livingston, Monroe, Niagara, Ontario, Orleans, Orange, Otsego, Putnam, Rensselaer, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Ulster, Wayne, Wyoming and Yates Counties and those towns in the portions of Fulton, Herkimer, Madison, Montgomery, Oneida and Onondaga Counties inclusive of and south of the New York State Thruway.

Contact: Douglas Schmid, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233, Phone: (866) 640-0652, E-mail: firewood@gw.dec.state.ny.us.


Funding Available for Clean Water Projects Water Quality Improvement Project Program - Round 11

The New York State Department of Environmental Conservation (NYS DEC) has issued application materials for use by municipalities, Soil and Water Conservation Districts and Not-for-Profit Corporations in applying for state assistance payments toward the cost of Water Quality Improvement Projects.

All project applications must be postmarked by November 8, 2013.

Eligible projects in Round 11 include:

  • Statewide Nonagricultural Nonpoint Source Abatement and Control
  • Municipal Wastewater Treatment
  • Aquatic Habitat Restoration
  • Municipal Separate Storm Sewer Systems (MS4s) Phase II Stormwater Implementation

NYS DEC will be making Environmental Protection Fund (EPF) funding available from State Fiscal Years 2010-11 through 2013-14 and NY Works II for the Water Quality Improvement Projects (WQIP) program. Eligible applicants may apply for state assistance for projects that address water quality concerns.

The application materials consist of:

(1) Round 11 Information for Applicants document contains information on applicant and project eligibility, evaluation factors, selection processes, state assistance payment amounts and local share amounts.

(2) Round 11 Application for State Assistance that must be used to apply for Water Quality Improvement Projects.

Application materials for Water Quality Improvement Projects are available for download on NYS DEC's website at: http://www.dec.ny.gov/pubs/4774.html. Hard copies of the application materials are also available by calling (518) 402-8267 if you are unable to download the documents. All project applications must be postmarked by November 8, 2013.

Contact: Susan Van Patten, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233-3502, Phone: (518) 402-8267, E-mail: derweb@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.


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