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ENB - Statewide Notices 1/13/2016

Public Notice

Notice of Availability of State Pollutant Discharge Elimination System (SPDES) General Permit For Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4) Permit No. GP-0-15-003

The New York State Department of Environmental Conservation (NYS DEC) has issued the modifications to the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems GP-0-15-003 (MS4 General Permit). The permit modifications are in response to the Westchester County Supreme Court's January 2012 decision that the MS4 General Permit failed to include appropriate compliance schedules for any MS4 that is subject to stormwater reduction requirements stated in an approved Total Maximum Daily Load (TMDL). The modifications require municipalities with separate storm sewer systems that discharge to specified waterbodies with an approved TMDL to report semi-annually on their progress in implementing pollutant-specific reduction programs. The MS4 General Permit, Semi-Annual Report Forms, Fact Sheet and Response to Comments received on the draft permit modification are available on the NYS DEC's website at: http://www.dec.ny.gov/chemical/43150.html.

Contact: Steven McCague, NYS DEC - Division of Water, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8108, Fax: (518) 402-9029, E-mail: sjmccagu@gw.dec.state.ny.us.


Notice of Adoption 6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, and 19-0305, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on January 4, 2016, to be effective February 4, 2016, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions, to revise 6 NYCRR Part 200, General Provisions to incorporate by reference new and updated federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs). Doing so provides NYS DEC with the legal authority to implement these regulations, thus effectuating the terms and provisions of the CAA and its associated regulations allowing NYS DEC to implement and enforce the rules on behalf of the United States Environmental Protection Agency (US EPA).

This rulemaking amends Part 200 to incorporate by reference the most recent editions of 40 CFR 60 (2013), Subpart A, Subparts D - FFFF, Subparts KKKK - end; and 40 CFR 63 (2012 and 2013), Subpart A, Subpart B, Subparts F - I, Subparts L - YYYY, Subparts AAAAA - IIIII, Subparts LLLLL - HHHHHH, and Subparts LLLLLL - end. This rulemaking also removes all references to the now outdated 40 CFR 63 Subpart ZZZZ (2009) (reciprocating engines). NYS DEC will not be incorporating 40 CFR 63 Subpart ZZZZ (2013) at this time for reasons discussed in the supporting documentation for this rulemaking. These changes will achieve parity between existing federal requirements and New York State's regulatory program. As a result, this incorporation by reference will facilitate a more efficient administration of state and federal environmental regulations, which will ease compliance and eliminate regulatory redundancy for the regulated community.

For further information, contact:

Steve Yarrington
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8403
E-mail: Air.Regs@dec.ny.gov


This notice announces the availability of the Draft 2016 New York State Section 303(d) List of Impaired/TMDL Waters. The list identifies those waters that do not support appropriate uses and require development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 45 days, through March 4, 2016.

Background: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to maintain a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State water: the Assessment Methodology which outlines how waters are evaluated by New York State Department of Environmental Conservation (NYS DEC) to determine the degree of use support, and the Listing Methodology which outlines the criteria NYS DEC uses to determine what waters are to be included on the Section 303(d) List. These documents are intended to clarify the current and continuing approach to assessment and listing by New York State.

Information: Copies of the Draft 2016 New York State Section 303(d) List and/or the Assessment and Listing Methodologies are available on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html. Copies of the List and Methodologies can also be obtained by contacting 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. An electronic version of these documents can also be requested by email to: sarah.rickard@dec.ny.gov.

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to Sarah Rickard of the Bureau of Watershed Assessment and Management at the above address, or e-mailed to sarah.rickard@dec.ny.gov.

Contact: Sarah Rickard, 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: sarah.rickard@dec.ny.gov.


Clean Water State Revolving Fund: Green Innovation Grant Program (GIGP)

The New York State Environmental Facilities Corporation (NYS EFC) maintains the NYS EFC Smart Growth Public Infrastructure Program in accordance with the Smart Growth Public Infrastructure Policy Act (SGPIPA) (Environmental Conservation Law Sections 6-0101 - 6-0111) which applies to projects funded via the Clean Water State Revolving Fund (CWSRF), including the Green Innovation Grant Program (GIGP) for 2015.

A total of 86 applications were received for GIGP 2015 and are currently under review. A list of all projects selected to receive awards through GIGP 2015 is posted on the NYS EFC website, under Projects selected to receive awards through the GIGP at: http://www.efc.ny.gov/Default.aspx?tabid=124. NYS EFC is seeking comments regarding the consistency of these projects with the relevant SGPIPA criteria as described at: http://www.efc.ny.gov/Default.aspx?tabid=475.

Written comments on GIGP 2015 projects will be accepted by mail, e-mail, or fax for 15 days until close of business on Friday, January 29, 2016. Comments should be addressed to:

Suzanna Randall
NYS EFC - Green Policy, Planning and Infrastructure Unit
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-7461
Fax: (518) 486-9248
E-mail: GIGP@efc.ny.gov


Notice of Complete Application

The New York State Department of Environmental Conservation (NYS DEC) proposes to issue General Permit GP-0-16-003, Habitat Management by NYS DEC, to the NYS DEC Division of Fish, Wildlife and Marine Resources. This General Permit will replace the current GP-0-15-004 which was issued July 2, 2015. This General Permit will allow the following activities in freshwater wetlands located in NYS DEC Wildlife Management Areas, Cooperative Areas, Multiple Use Areas or Unique Areas: 1) Reconstruction and in-kind replacement of existing structures; 2) Management of constructed impoundments; 3) New docks, piers, observation/hunting blinds and platforms, boardwalks or similar structures to provide access; 4) Vegetative management; and 5) Dredging to maintain existing channels for habitat or water management. This General Permit adds a new category of work (installation of accessible parking lots of up to 0.1 acre in area in wetland adjacent areas constructed of permeable cement, pavers, stone, or other permeable substrate) and sets a limit of 25 acres per management area per year for use of herbicides.

Permits Applied for: Article 24 Freshwater Wetlands.

Project Location: Statewide.

State Environmental Quality Review: Project is a Type I Action and will not have a significant impact on the environment. A Negative Declaration is on file.
SEQR Lead Agency: NYS DEC.

Opportunity for Public Comment: The draft General Permit is available on NYS DEC's website at: http://www.dec.ny.gov/permits/6061.html. Comments on this project must be submitted in writing no later than Feb. 1, 2016 or 15 days after the publication date of this notice, whichever is later, to: Stuart Fox, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail: depprmt@dec.ny.gov.

Contact: Stuart Fox, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail: depprmt@dec.ny.gov.


Negative Declaration

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed General Permit for Wetland Habitat Management by NYSDEC, GP-0-16-003 will not have a significant adverse environmental impact. The NYS DEC proposes to issue General Permit GP-0-16-003, Habitat Management by NYS DEC, to the NYS DEC Division of Fish, Wildlife and Marine Resources. This General Permit will replace the current GP-0-15-004 which was issued July 2, 2015. This General Permit will allow the following activities in freshwater wetlands located in NYS DEC Wildlife Management Areas, Cooperative Areas, Multiple Use Areas or Unique Areas: 1) Reconstruction and in-kind replacement of existing structures; 2) Management of constructed impoundments; 3) New docks, piers, observation/hunting blinds and platforms, boardwalks or similar structures to provide access; 4) Vegetative management; and 5) Dredging to maintain existing channels for habitat or water management. This General Permit adds a new category of work (installation of accessible parking lots of up to 0.1 acre in area in wetland adjacent areas constructed of permeable cement, pavers, stone, or other permeable substrate) and sets a limit of 25 acres per management area per year for use of herbicides. The project is located New York Statewide at NYS DEC Wildlife Management Areas, Cooperative Areas, Multiple Use Areas and Unique Areas.

Contact: Stuart Fox, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail: depprmt@dec.ny.gov.


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