Department of Environmental Conservation

D E C banner

ENB - Statewide Notices 9/9/2015

Public Notice

Notice of Proposed Rulemaking

6 NYCRR Part 243, Transport Rule NOx Ozone Season Trading Program 6 NYCRR Part 244, Transport Rule NOx Annual Trading Program 6 NYCRR Part 245, Transport Rule SO2 Group 1 Trading Program

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 proposes to repeal Part 243, CAIR NOx Ozone Season Trading Program, Part 244, CAIR NOx Annual Trading Program, and Part 245, CAIR SO2 Trading Program (collectively, the New York State Clean Air Interstate Rules or NYS CAIR) and replace them with three new rules, Part 243, Transport Rule NOx Ozone Season Trading Program, Part 244, Transport Rule NOx Annual Trading Program, and 6 NYCRR Part 245, Transport Rule SO2 Trading Program. These proposed rules incorporate EPA's federal Cross-State Air Pollution Rule (CSAPR) and allow NYS DEC to allocate CSAPR allowances to regulated entities in New York.

NYS DEC is proposing this rulemaking because the NYS CAIR rules are obsolete and superseded by CSAPR. CSAPR regulates regional cap-and-trade programs that regulate emissions from large fossil fuel-fired electricity generating units (EGUs) that have a nameplate capacity greater than 25 megawatts electrical (MWe) and produce electricity for sale. To administer and enforce the New York State components of the regional cap-and-trade program, NYS DEC must incorporate CSAPR into regulation.

For further information, contact:

Mike Miliani
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3250
Phone: (518) 402-8401
E-mail: air.regs@dec.ny.gov


New York State Department of Environmental Conservation's New York Environmental Leaders Program Open Enrollment Period Runs Through October 31, 2015

The New York State Department of Environmental Conservation (NYS DEC) is pleased to announce the 2015 open enrollment period for the New York Environmental Leaders (NYEL) program. The open enrollment period began on September 1, 2015 and applications will be accepted until October 31, 2015.

NYEL provides recognition and incentives to New York State companies and organizations that have a commitment to sustainable operations and to conserving New York's environment and natural resources.

Those accepted as members in NYEL are eligible for numerous benefits, including recognition from NYS DEC in the form of press releases, a page on the NYEL website, and brand visibility at events, becoming a priority for certain New York State technical assistance programs, gaining access to a NYEL contact within NYS DEC to assist in your communications with NYS DEC, and assistance meeting your sustainability goals from the NYS Pollution Prevention Institute: www.nysp2i.rit.edu.

NYEL provides flexibility to prospective applicants by offering two membership tiers, the entry tier and the leadership tier, and is open to a wide array of organizations such as businesses, schools, hospitals, and local governments. For more information on membership requirements and which tier best fits your organization, please visit the NYS DEC website: http://www.dec.ny.gov/chemical/939.html.

For more information on applying, NYS DEC will be holding a webinar on how to submit a successful application on Tuesday, September 29, 2015 from 11:00 a.m. to Noon. You can register for the webinar at NYS ITS website (link leaves DEC website.)

If your organization is interested in becoming a NYEL member, a NYEL application form must be completed and returned by close of business on October 31, 2015. Interactive versions of the application forms are available for download on the NYS DEC website: http://www.dec.ny.gov/chemical/939.html.

For further information, please contact: Brendan Woodruff, NYS DEC - Division of Environmental Permits, Pollution Prevention Unit, 625 Broadway, Albany, NY 12233
Phone: (518) 402-9159, E-mail: Brendan.woodruff@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 e-mail to: 4pwlinfo@dec.ny.gov.

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@dec.ny.gov.


  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions