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ENB - Statewide Notices 9/25/2013

Public Notice

Availability for Comment on Draft TMDL

This notice announces the availability of a DRAFT Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) to address the following waterbodies:

Black Creek, Upper, Genesee County
Bigelow Creek, Genesee County

Upper Black Creek and Bigelow Creek are impaired for phosphorus. Public comment on this document will be accepted for 30 days, through close of business October 25, 2013.

Background: States are required by Section 303(d) of the Clean Water Act and the United States Environmental Protection Agency's (USEPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The phosphorus TMDL for Upper Black Creek will require permit limits on publicly owned treatment works and will rely upon voluntary load reduction efforts from developed areas, on-site wastewater treatment (septic) systems and from the agricultural community. Reductions from these sources are necessary to address the existing water quality impairment caused by excessive phosphorus loads.

The phosphorus TMDL for Bigelow Creek will rely upon voluntary reduction efforts from developed areas, on-site wastewater treatment (septic) systems and from the agricultural community. Reductions from these sources are necessary to address the existing water quality impairment caused by excessive phosphorus loads.

Information: Copies of the proposed Draft TMDL can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html or by contacting: Steve Gladding at NYS DEC - Division of Water, Bureau of Water Resource Management by mail at 625 Broadway, 4th Floor, Albany NY 12233-3508, or by phone at (518) 402-8207, or via email at: smgladdi@gw.dec.state.ny.us. Comments on the Draft TMDL document should be sent, written or email, to the same address. Comments received by close of business October 25, 2013 will be considered prior to submitting the final TMDL to the EPA for approval.

Contact: Steve Gladding, NYS DEC - Division of Water, Bureau of Water Resource Management, 625 Broadway, 4th Floor, Albany NY 12233-3508, Phone: (518) 402-8207, E-mail: smgladdi@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.


Final Amendment No. 4 to the Drinking Water State Revolving Fund Federal Fiscal Year (FFY) 2013 Intended Use Plan

FFY 2013 Readiness List Project Amendments:

Draft Amendment #4 to the Drinking Water State Revolving Fund Intended Use Plan issued October 1, 2012 was published in the August 28, 2013 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #4 closed on September 11, 2013. The New York State Department of Health (NYS DOH) received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

Corinth (V), Saratoga County DWSRF#17623- - The project cost is amended from $7,502,000 to $9,000,000 to incorporate project updates made since the project was initially listed in 2008.

The NYS DOH has determined that the project amendment is necessary and reasonable. The project amendment will not adversely affect any project on the Intended Use Plan (IUP) Project Annual List above the funding line. Except for the above-noted change, there are no other changes provided by this amendment to projects listed on the Project Annual List or to the project priority rankings.

Contact:

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Corning Tower Room 1135
Empire State Plaza
Albany, NY 12237
Fax: (518) 402-7599
E-mail: bpwsp@health.state.ny.us (If sent by email please reference "IUP amendment comment" in the subject line)


Notice of Acceptance of Final EIS

Statewide - The New York State Public Service Commission, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Indian Point Contingency Plan. The Final EIS is available from the New York State Department of Public Service, 3 Empire State Plaza, Central Files, 14th Floor, Albany, NY, and the New York State Department of Public Service, 90 Church Street, 4th Floor, New York, NY, and on line at: http://www.dps.ny.gov (Case 12-E-0503).

The action involves the development of a contingency plan to address reliability concerns that may arise in the event that the Indian Point Energy Center (IPEC) would not be operational after its license expires at the end of 2015. The PSC sought proposals to replace the anticipated lost electrical power, in the event of the IPEC's unavailability, in order to ensure an adequate and reliable supply of electricity. The PSC, as lead agency, has completed a Final GEIS, pursuant to Article 8 of the Environmental Conservation Law, relating to the preparation and issuance of the IPEC Contingency Plan. This is an unlisted, statewide action under the State Environmental Quality Review Act (SEQRA). This Final GEIS evaluates the potential environmental impacts of a range of proposed projects to address the closure of the IPEC and the mitigation measures that could be employed to reduce those impacts. The proposed projects include a range of possible electric transmission, electric generation, and battery storage facilities located throughout the state.. The project is located throughout New York State.

Contact: Kathleen H. Burgess, NYS PSC, 3 Empire State Plaza, Albany, NY 12223-1350, Phone: (518) 474-6530, Fax: (518) 486-6081, E-mail: secretary@dps.ny.gov.


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