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ENB - Statewide Notices 6/3/2015

Public Notice

Notice of Adoption

6 NYCRR Part 212, Process Operations
6 NYCRR Part 200, General Provisions

Pursuant to Sections 1-0101, 3-0301, 19-0105, 19-0303, 19-0311, 71-2103 and 71-2105 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC repealed Part 212, General Process Emission Sources, and replaced it with Part 212, Process Operations. This rulemaking will streamline and update Part 212's provisions, align those provisions with NYS DEC's permitting regulations, provide more regulatory certainty for the regulated community, and ensure public health and welfare; and attendant revisions to Part 200.

The changes to Part 212 include: establishing consistent terminology between Part 212 and 6 NYCRR Part 200 (Part 200) and 6 NYCRR Part 201 (Part 201); establishing a Toxic- Best Available Control Technology (T-BACT) standard for toxic air contaminants; clarifying the interaction between Part 212 and the National Emission Standards for Hazardous Air Pollutants (NESHAPs); offering a streamlined approach for demonstrating compliance with regulatory standards for air contaminants by adopting a mass emission rate option; replacing the current Part 212 control requirement, which provides the NYS DEC Commissioner with discretion to establish the degree of required air cleaning, with a performance of air dispersion modeling analysis in order to demonstrate compliance with NYS DEC Guideline Concentrations or National Ambient Air Quality Standards (NAAQS); controlling High Toxicity Air Contaminants (HTACs) to the greatest extent possible; and generally reorganizing and clarifying Part 212. Aside from renumbering and replacement of the term "Lower Orange County" with a list of regulated Orange County towns, this rulemaking did not change the language of existing Section 212.10, "Reasonably Available Control Technology for Major Facilities," which is adopted as Subpart 212-3. Neither does this rulemaking change the language of existing Section 212.12, "Control of Nitrogen Oxides for Hot Mix Asphalt Production Plants," other than renumbering the section to Subpart 212-4 in line with the new numbering.

For further information, contact: Thomas Gentile, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-1500, Phone: (518) 402-8402, E-mail: air.regs@dec.ny.gov.


Data Solicitation for 2016 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, 2016. 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 2016 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. 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.

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 pending List, but will be incorporated into subsequent water quality assessments. 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 be included for consideration in the compiling of the 2016 CWA Section 303(d) List, data and information must be received by September 30, 2015. 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 the United States Environmental Protection Agency (US EPA) by April 1, 2016.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet (PDF 214.64 KB) which may also be found at: http://www.dec.ny.gov/chemical/36730.html. 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. Worksheet information can also be obtained by contacting Sarah Rickard 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, supporting water quality monitoring data, a copy of the corresponding Quality Assurance/Quality Control (QA/QC), QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via email to: 4pwlinfo@gw.dec.state.ny.us.

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 2016 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.

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@gw.dec.state.ny.us.


Notice of the Filing of Rulemaking for the Regulations Associated with the Sewage Pollution Right to Know Act

On June 2, 2015, the New York State Department of Environmental Conservation (NYS DEC) filed with the Secretary of State its Notice of Proposed Rule Making documentation to revise provisions of 6 NYCRR Parts 750 and 621 to implement the Sewage Pollution Right to Know Act (SPRTK), Environmental Conservation Law (ECL) § 17-0826-a, which took effect on May 1, 2013. The full text of the Express Terms and full text of the Regulatory Impact Statement for the proposed rulemaking are posted at the NYS DEC website: http://www.dec.ny.gov/65.html. The 45 day public comment period will begin on June 17, 2015.

Brief Description:

The purpose of this proposed rulemaking is to implement the Sewage Pollution Right to Know (SPRTK) Act, ECL §17-0826-a, which is intended to benefit the public health and the environment.

The proposed rule would implement the two hour reporting and four hour notification requirements of SPRTK by publicly owned treatment works (POTWs) as well as publicly owned sewer systems (POSSs). The proposed rule would extend direct regulatory oversight to POSSs, which are not currently regulated through NYS DEC's SPDES program.

Under the proposed rule, two hour notification would be required to NYS DEC and the New York State Department of Health NYS DOH); the four hour notification would be required to notify the chief elected official of the municipality where the discharge occurred and adjoining municipalities of untreated and partially treated sewage discharges. The general public would also need to be notified of any such discharges to surface water within this same four hour time frame through appropriate electronic media as determined by NYS DEC. POTWs and POSS would need to continue reporting each day after the initial report is made until the discharge terminates.

NYS DEC has determined that some combined sewer overflows (CSOs) cannot be detected by the existing systems and models of POTWs and POSSs. To address this issue, the proposed rule would provide that "[f]or combined sewer overflows for which real-time telemetered discharge monitoring and detection does not exist, owners and operators of POTWs and POSSs shall make reasonable efforts to expeditiously issue advisories through appropriate electronic media to the general public when, based on actual rainfall data and predictive models, enough rain has fallen that combined sewer overflows are likely of enough volume to cause potential health concerns for people who may come in contact with the water." These advisories may be made on a waterbody basis rather than by individual combined sewer overflow points.
Finally, the proposed rule would obligate owners and operators of POSSs to file five day written incident reports (as currently required for POTWs and other SPDES permittees); properly operate and maintain their facilities; and allow NYS DEC to inspect POSSs and copy records. In addition, owners of POSSs would be required to notify DEC of a change in ownership or operation of the facility.

The proposed rulemaking is scheduled to be published in the State Register on June 17, 2015. Written public comments on these regulations will be accepted until 5:00 p.m. on 7/31/2015. In order to make public comment with respect to the proposed rule making, comments must be submitted by e-mail to sprtkcomments@dec.ny.gov or by regular mail to:

Sewage Pollution Right to Know Law Comments
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500

Public information sessions regarding the proposed regulations will be held during the public comment period at the following locations, dates and times:

Date: July 7, 2015
Time: 7:00 p.m.
Location: NYS DEC - Central Office
625 Broadway
Albany, New York

Date: July 15, 2015
Time: 7:00 p.m.
Location: Monroe Community College (MCC)
Monroe B, Warshof Conference Center
1000 East Henrietta Road
Rochester, New York

Date: July 16, 2015
Time: 7:00 p.m.
Location: SUNY Ulster Community College
Vanderlyn Hall
491 Cottekill Road
Stone Ridge, New York

Date: July 21, 2015
Time: 7:00 p.m.
Location: NYS DEC
207 Genesee Street
Utica, New York

Any oral and written statements made at the public information sessions will not be considered as public comments to the proposed rule making. In order to make public comment to the proposed rule making, comments must be made as specified in this Environmental Notice Bulletin.

Hard copies of the full Express Terms and full Regulatory Impact Statement for proposed rulemaking are posted at the NYS DEC website: http://www.dec.ny.gov/65.html and are available from the contact person listed below:

Sewage Pollution Right to Know Law Comments
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8233
E-mail: sprtkcomments@dec.ny.gov

For more information about this rule making, please contact:

Robert Simson
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8233
E-mail: sprtkcomments@dec.ny.gov


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