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ENB - Statewide Notices 9/11/2013

Public Notice

Notice of Proposed New 6 NYCRR Part 570, Liquefied Natural Gas - Public Comment Period, Availability of Documents, Public Meetings and Public Hearing

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is proposing to adopt 6 NYCRR Part 570 to implement a permitting program for the siting, construction, and operation of Liquefied Natural Gas (LNG) facilities in New York State (NYS). LNG facilities are those that either store LNG in a tank system or convert LNG into natural gas through vaporization. The two types of facilities that NYS DEC expects to permit most frequently include facilities to fuel trucks and facilities that store LNG as a backup heating fuel.

Chapter 892 of the Laws of 1976 added Environmental Conservation Law (ECL) Article 23 Title 17, "Liquefied Natural and Petroleum Gas" (the LNG statute). This statute requires NYS DEC to implement regulations with criteria for the safe siting, operation, and transportation of LNG throughout the State. An environmental safety permit must be obtained from NYS DEC prior to construction, operation, or modification of an LNG facility in the State. The LNG statute also directs that operation of LNG facilities must be carried out in conformance with permits and regulations issued by NYS DEC. This rulemaking will establish a program to address the siting, construction, and operation of LNG facilities. Part 570 will also address the transportation of LNG and the statutory requirement that intrastate transportation only occur along approved routes.

The Notice of Proposed Rule Making is available in the September 11, 2013 issue of the State Register. Written public comments will be accepted by NYS DEC until November 4, 2013 at 5:00 p.m. Additional details are provided below.

Availability of documents for review: The proposed Part 570 and supporting rule making documents are available on NYS DEC's web site at http://www.dec.ny.gov/regulations/93069.html.

These documents may also be inspected at the following NYS DEC offices (call the noted contact for an appointment):

  • NYS DEC Central Office, 625 Broadway, Albany, NY 12233, Attention: Russ Brauksieck, Phone: (518) 402-9553.
  • NYS DEC - Region 1 Office, SUNY, Building #40, Stony Brook, NY 11790, Attention: Karen Gomez, Phone: (631) 444-0320.
  • NYS DEC - Region 2 Office, Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Leszek Zielinski, Phone: (718) 482-6455.
  • NYS DEC - Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Ed Moore, Phone: (845) 256-3137.
  • NYS DEC - Region 4 Office, 1150 North Westcott Road, Schenectady, NY 12306, Attention: Keith Goertz, Phone: (518) 357-2399.
  • NYS DEC - Region 5 Office, 1115 NYS Route 86, Ray Brook, NY 13601, Attention: Russ Huyck, Phone: (518) 897-1242.
  • NYS DEC - Region 6 Office, State Office Building, 317 Washington Street, Watertown, NY 13601, Attention: Gary McCullouch, Phone: (315) 785-2513.
  • NYS DEC - Region 7 Office, 615 Erie Boulevard West, Syracuse, NY 13204, Attention: Dick Brazell, Phone: (315) 426-7523.
  • NYS DEC - Region 8 Office, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Pete Miller, Phone: (585) 226-5427.
  • NYS DEC - Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14202, Attention: Greg Sutton, Phone: (716) 851-7220.

Public Meetings: NYS DEC will conduct public information meetings to present the proposed regulations and respond to questions prior to the public hearing. These meetings will be held as follows:

Date: Wednesday, October 16, 2013
Time: 1:00 p.m. - 3:00 p.m.
Location: New York State Fairgrounds
581 State Fair Blvd, Martha Eddy Room
Syracuse, NY

Date: Wednesday, October 30, 2013
Time: 10:00 a.m. - 12:00 p.m.
Location: NYS DEC - Central Office
625 Broadway, Room 129
Albany, NY

Public Hearing: A legislative public hearing to receive public comment about the proposed rule making will be held as follows:

Date: Wednesday, October 30, 2013
Time: 2:00 p.m.
Location: NYS DEC - Central Office
625 Broadway, Room 129
Albany, NY

This hearing location is accessible to persons with impaired mobility. Interpreter services will be made available to deaf persons, at no charge, upon written request at least five business days prior to the date of the hearing. Please address requests to: Russ Brauksieck, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020.

NYS DEC invites all persons, organizations, corporations and governmental agencies to attend the hearing and submit either written or oral statements. At the hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. NYS DEC will give equal weight to written and oral statements. Since a cumulative record will be compiled, it is not required for interested parties to attend the hearing.

Written comments: The public is invited to submit written comments about these proposed regulations until Monday, November 4, 2013 at 5:00 p.m. Mail written comments to:

Russ Brauksieck
NYS DEC - Division of Environmental Remediation
625 Broadway
Albany, NY 12233-7020

Email written comments to: derweb@dec.ny.gov and please write "Comments on Proposed Part 570" in the subject line.

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.

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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