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ENB - Statewide Notices 8/21/2013

Public Notice

Notice of Availability of Final New Commissioner Policy regarding Use of Enforcement Discretion for Cathode Ray Tube (CRT) Glass [CP-57]

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has approved a new Commissioner Policy to authorize the exercise of DEC's enforcement discretion to allow regulated parties to store used, broken Cathode Ray Tubes (CRTs) and CRT glass removed from CRTs prior to legitimate recycling in compliance with federal regulations, while NYS DEC completes the promulgation of those requirements into State regulations.

This discretion provides a protective but streamlined approach to managing these materials and thereby significantly encourages the recycling of this glass. Specifically, regulated parties are allowed to comply with the requirements of the "CRT Rule" promulgated by the United States Environmental Protection Agency (USEPA) at 40 Codes of Federal Rule (CFR) 261.39 (see 71 Federal Register 42928-42949, July 28, 2006). For the purposes of this Policy, the term "CRT" follows the definition at 40 CFR 260.10 and means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device such as Automatic Teller Machines, industrial and medical equipment, televisions and computer monitors containing a CRT, and CRTs that are no longer contained in the original device.

The Policy affects CRT collectors and processors, such that a recycler may separate and store a CRT into scrap metal, hazardous waste glass and non-hazardous waste glass. As long as each of these components is eventually recycled and in the interim managed in accordance with the conditions specified in the CRT Rule, the material is excluded from regulation as a federal solid waste at 40 CFR 261.4(a)(22) and it may be shipped without a hazardous waste manifest. A recycling facility may accept the material without a Treatment, Storage, or Disposal Facility permit issued under 6 NYCRR 373-1. However, this Policy does not affect the material's status as a solid waste under 6 NYCRR Part 360.

The proposed new Commissioner Policy was published in the March 27, 2013 issue of the Environmental Notice Bulletin at: http://www.dec.ny.gov/enb/89863.html, which announced a 30 calendar day public comment period pertaining to the policy and the availability of the full text document for review. NYS DEC received comments during this public comment period and they have been addressed.

Pursuant to ECL 3-0301(2)(z), this new Commissioner Policy will become effective on September 20, 2013. A Negative Declaration is on file pursuant to ECL 8-0113(2)(i) and 6 NYCRR 617.12 (c)(1).

The final new Commissioner Policy is available on DEC's website at: http://www.dec.ny.gov/regulations/8489.html. If you do not have internet access, please write to Angela Chieco, Bureau of Program Management, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7012 or call (518) 402-9764.

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764.

New York State Department of Environmental Conservation's (NYS DEC) Conservation Management Plan for Sauger in New York State 2013 - 2020

Sauger are North American members of the true perch family and closely resemble walleye in both appearance and function. They are highly migratory and typically inhabit large, turbid rivers, lakes, and reservoirs. They were once prominent members of the fish assemblages of the Great Lakes, St. Lawrence River, and Lake Champlain watersheds of New York, but these populations have declined to the point that perhaps only a small remnant population in Lake Champlain still exists. Sauger are now considered critically imperiled in New York State and, therefore, conservation and restoration actions are warranted.

The goal of this plan is to establish and maintain self-sustaining sauger populations in all suitable waters of native watersheds. Management efforts will initially focus on the Allegheny River, Lake Champlain, and Lake Erie watersheds. Suitable habitat likely exists in these waters and adjacent viable populations or recovery efforts suggest establishment of populations is achievable.

Objectives of the plan include:

1. Establishing a self-sustaining sauger population in the upper Allegheny River watershed.

2. Determining sauger population status and documenting and improving habitat suitability in Lake Champlain.

3. Determining the suitability of Lake Erie's eastern basin watershed for sauger restoration.

The draft plan is available on the NYS DEC website at: http://www.dec.ny.gov/outdoor/92788.html.

Comments may be submitted in writing through September 15, 2013 to NYS DEC - Bureau of Fisheries, Sauger Management Plan, 625 Broadway, Albany, NY 12233-4753 or by e-mail to: freshwater fisheries (type "Sauger Plan" in the subject line).

Contact: Jeff Loukmas, NYS DEC - Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4753, Phone: (518) 402-8897.

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@dec.ny.gov. 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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