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ENB - Statewide Notices 8/12/2015

Public Notice

Draft of the Division of Water Technical and Operational Guidance Series (TOGS) No. 1.3.10 Mercury - SPDES Permitting and Multiple Discharge Variance

The New York State Department of Environmental Conservation (NYS DEC) is making available for public comment a Draft of the Division of Water Technical and Operational Guidance Series (TOGS) No. 1.3.10 Mercury - SPDES Permitting and Multiple Discharge Variance.

The primary purpose of this document is to provide guidance for developing SPDES permits that regulate wastewater and stormwater discharges containing mercury, as well as guidance for performing mercury monitoring. This document is an extension of the 2010 issuance of the TOGS. The Draft guidance is posted on the NYS DEC website at: If you experience difficulty in downloading the document, please contact Carrie Smith at: (518) 402-8278.

Comments on the Draft TOGS must be received by September 11, 2015, 30 days from this publication date. Comments should be sent to: Carrie Smith, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12333-3505, Phone: (518) 402-8111, E-mail:

Contact: Carrie Smith, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12333-3505, Phone: (518) 402-8111, E-mail:

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: 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 e-mail to:

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:

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:

Final Amendment No. 5 to the Drinking Water State Revolving Fund Federal Fiscal Year (FFY) 2015 Intended Use Plan

FFY 2015 Intended Use Plan Annual List Project Amendment:

Draft Amendment No. 5 to the Drinking Water State Revolving Fund Intended Use Plan (IUP) issued October 1, 2014 was published in the July 15, 2015 issue of the Environmental Notice Bulletin. The comment period for Draft Amendment No. 5 closed on July 29, 2015 and the New York State Department of Health (NYS DOH) received no public comments pertaining to the Amendment. Therefore, as of July 30, 2015, the Amendment as shown below was final:

DWSRF#18105- Sinclairville (V), Chautauqua County - The project cost listed in the Intended Use Plan (IUP) is amended from $5,000,000 to $7,416,080 to reflect the project's recently revised cost estimates. The increase being made available will be in the form of a financing which will be repaid back to the program.

NYS DOH has determined that the amendment is necessary, reasonable, and in the interest of protecting public health. The project amendment will not adversely affect any project on the IUP Project Annual List above the subsidized funding line. Except as noted above, there are no other changes to the IUP as a result of this Amendment No. 5 of the FFY 2015 IUP.


Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Corning Tower Room 1135
Empire State Plaza
Albany, NY 12237
Fax: 518-402-7599

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