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ENB - Statewide Notices 9/4/2013

Public Notice

Notice of Adoption

6 NYCRR Part 240, Transportation Conformity; and 6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, and 19-0305; the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of adoption of rules on August 13, 2013, to be effective September 13, 2013, to repeal existing 6 NYCRR Part 240 (Part 240), "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws" and replace it with a new Part 240, "Transportation Conformity," and simultaneously revise 6 NYCRR Parts 200, "General Provisions."

The adoption of Part 240 is intended to streamline the regulatory text and to conform it to Federal requirements.

For further information, contact:

Michael Sheehan
NYS DEC - Division of Air Resources
625 Broadway
Albany NY 12233-3255
Phone: (518)402-8396
Fax: (518)402-9035
E-mail: air.regs@dec.ny.gov

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.

State Trails Council Meeting

Date: Saturday, September 21, 2013
Time: 10:30 a.m. - 3:00 p.m.
Location: Albany Pine Bush Discovery Center
195 New Karner Road
Albany, New York 12205


  • Presentation: Interpretive Signage
  • Recreational Trails Program (RTP)
  • New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) Master Plans
  • Statewide Comprehensive Outdoor Recreation Plan (SCORP)
  • New York State Department of Environmental Conservation (NYS DEC) updates
  • Delegate Reports

Contact: Nancy Stoner, NYS OPRHP, State Trails Coordinator, 625 Broadway, Albany, NY 12238, Phone: (518) 486-2699.

Mid-Term Revisions to the 2007 New York City Filtration Avoidance Determination (FAD) Released for Public Comment:

The New York State Department of Health (NYS DOH) announces that mid-term revisions to the 2007 Filtration Avoidance Determination (Revised 2007 FAD) have been drafted and released for public review and comment. The FAD describes the New York City watershed protection plan and the strict water quality standards that New York City must meet to continue to avoid filtering its Catskill/Delaware water supply. The revisions will enhance New York City's existing watershed protection plan and help to ensure the water system in the City continues to supply high quality water to nearly half the population of New York State. The draft Revised 2007 FAD may be viewed at: http://www.health.ny.gov/environmental/water/drinking/nycfad/

Public Review and Comment on Draft Revised 2007 FAD

NYS DOH will accept comments on the Draft Mid-term Revisions to the 2007 FAD for New York City's Catskill/Delaware Water Supply System by mail or email through Tuesday, October 15, 2013.

Comments should be addressed to:

Pamela L. Young
NYS DOH - Bureau of Water Supply Protection
Corning Tower Room 1110
Empire State Plaza
Albany, NY 12237
E-mail: fadcomments@health.state.ny.us

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