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ENB - Statewide Notices 5/11/2016

Public Notice

Notice of Proposed Rule Making to Amend 6 NYCRR Parts 1.11, 1.18, and 1.31.

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0903 and 11-0907, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Part 1.11 Pertaining to Deer Hunting Seasons, Part 1.18 Pertaining to the Issuance and Use of Deer Hunting Tags, and Part 1.31 Pertaining to Hunting Black Bear. This notice will be published in issue 19 of the State Register, dated May 11, 2016.

For further information, please contact:

Jeremy Hurst
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233
Phone: (518) 402-8867
E-mail: jeremy.hurst@dec.ny.gov


Pursuant to the Environmental Conservation Law sections 3-0301, 11-0303, 11-0917, 11-1101, 11-1103, and 11-1105, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of proposal to amend 6 NYCRR Sections 6.2 and 6.3 Pertaining to Fisher Trapping Seasons and Bag Limits. This notice will be published in issue 19 of the State Register, dated May 11, 2016.

For further information, please contact:

Michael Schiavone
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8886
E-mail: michael.schiavone@dec.ny.gov


Pursuant to the Environmental Conservation Law section 13-033, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC seeks to file a Notice of Proposed Rule Making to amend 6 NYCRR Part 40 Table B - Commercial Fishing to include Atlantic menhaden. This rule making will correct a previous oversight, which failed to include menhaden in Table B when the regulatory authority to establish trip limits under subparagraph 40.1(x)(2)(iii) was implemented. This subparagraph, which deals with quota harvest and trip limits for menhaden, specifically refers to Table B, but menhaden is not currently included in that table. The proposed rule will add menhaden to Table B.

The size limit and season will not change. New York State is seeking to clarify the existing regulations and remain in compliance with the Atlantic State Marine Fisheries Commission interstate fishery management plan for Atlantic menhaden.

This notice will be published in issue 19 of the State Register, dated May 11, 2016.

For further information, please contact:

Karen Graulich
NYS DEC - Division of Fish, Wildlife and Marine Resources
Marin Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-5636
E-mail: karen.graulich@dec.ny.gov


Notice of Emergency Adoption and Proposed Rule Making - Amendments to 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting;

Emergency Rule - Effective April 25, 2016

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Emergency Adoption and Proposed Rule Making with New York State Department of State on April 25, 2016 to amend 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting. Effective April 25, 2016, this emergency rule adds perfluorooctanoic acid (PFOA-acid, Chemical Abstracts Service (CAS) No. 335-67-1), ammonium perfluorooctanoate (PFOA-salt, CAS No. 3825-26-1), perfluorooctane sulfonic acid (PFOS-acid, CAS No. 1763-23-1), and perfluorooctane sulfonate (PFOS-salt, CAS No. 2795-39-3) to the list of hazardous substances in 6 NYCRR Section 597.3 (Section 597.3). This rule also provides time for facilities storing fire-fighting foam containing one or more of these newly listed hazardous substances to properly dispose of it, and makes a correction to the tables of hazardous substances in Part 597 by providing units for reportable quantities.

While the emergency rule allows the amendments to 6 NYCRR Part 597 to be effective April 25, 2016, the emergency adoption is temporary. The proposed rule provides for the amendments to become permanent upon adoption.

The industrial uses and the physical-chemical properties of PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt are similar. These substances have been widely used in applications such as fire-fighting foam, stain-resistant carpet, and semiconductor coatings, among other things.

NYS DEC has concluded that these substances meet the definition of a hazardous substance, and has adopted this emergency rule and is proceeding with this proposed rule. This is based upon the conclusion of the New York State Department of Health (NYS DOH) that the combined weight of evidence from human and experimental animal studies indicates that prolonged exposure to significantly elevated levels of these compounds can affect health and, consequently, pose a threat to public health in New York State when improperly treated, stored, transported, disposed of or otherwise managed. NYS DOH scientists have concluded that it is essential to list these chemicals as hazardous substances. See the Regulatory Impact Statement for additional information, including NYS DOH's letter requesting that these chemicals be added to the list of hazardous substances in Section 597.3.

Once substances are determined to be hazardous substances, NYS DEC regulates their handling and storage and has authority to remediate sites contaminated with them. The Chemical Bulk Storage regulations (6 NYCRR 596-599) provide standards for the proper handling and storage of bulk quantities of hazardous substances to prevent spills and releases to the environment, prohibit the release of hazardous substances to the environment (subdivision 597.4(a)), and require the reporting of certain releases of hazardous substances to NYS DEC. Consequently, listing the substances will benefit the environment by limiting exposure and providing the legal mechanisms to clean up of the substances. Certain facilities that store hazardous substances must apply to NYS DEC for a registration certificates to operate.

A new provision, paragraph 597.4(a)(3), will allow entities with fire-fighting foam the time necessary to determine whether stored foam contains one or more of these hazardous substances. If the stored foam contains one of these substances, the facility would be required to arrange for the proper disposal of the foam by April 25, 2017. Replacement foam may not contain a hazardous substance at a concentration that would result in the release of more than the reportable quantity (one pound) when used as a fire-fighting foam.

The Notice of Emergency Adoption and Proposed Rule Making is available in the May 11, 2016 issue of the State Register. Express Terms and supporting rule making documents are available on NYS DEC's website at: http://www.dec.ny.gov/regulations/104968.html.

NYS DEC will hold formal public hearings during the public comment period. A public availability session will also be held immediately before the hearing at each location. Details are available on NYS DEC's website at: http://www.dec.ny.gov/regulations/104968.html. Information about the public hearings and how to submit written comments are also provided below.

Availability of documents for review: Although the proposed Part 597 amendments and supporting rule making documents are available on NYS DEC's web site, the documents may also be inspected at the following NYS DEC offices (call the noted contact for an appointment):

  • NYS DEC - Central Office, 625 Broadway, Albany, NY 12233, Attention: Russ Brauksieck, Phone: (518) 402-9553
  • NYS DEC - Region 1, SUNY, Building #40, Stony Brook, NY 11790, Attention: Karen Gomez, Phone: (631) 444-0320
  • NYS DEC - Region 2, Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Leszek Zielinski, Phone: (718) 482-6455
  • NYS DEC - Region 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Ed Moore, Phone: (845) 256-3137
  • NYS DEC - Region 4, 1150 North Westcott Road, Schenectady, NY 12306, Attention: Lynn Winterberger, Phone: (518) 357-2374
  • NYS DEC - Region 5, 1115 NYS Route 86, Ray Brook, NY 13601, Attention: Russ Huyck, Phone: (518) 897-1242
  • NYS DEC - Region 6, State Office Building, 317 Washington Street, Watertown, NY 13601, Attention: Gary McCullouch, Phone: (315) 785-2513
  • NYS DEC - Region 7, 615 Erie Boulevard West, Syracuse, NY 13204, Attention: Dick Brazell, Phone: (315) 426-7523
  • NYS DEC - Region 8, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Pete Miller, Phone: (585) 226-5427
  • NYS DEC - Region 9, 270 Michigan Avenue, Buffalo, NY 14202, Attention: Andrea Skalski, Phone: (716) 851-7220

Public hearings: Legislative public hearings to receive public comment on the proposed amendments to Part 597 will be held as provided below. Prior to each hearing, a public availability session will also be held from 1:00 p.m. to 1:45 p.m. at the same location.

Date: Monday, June 27, 2016
Time: 2:00 p.m.
Location: Empire State Plaza
Meeting Room 6
Albany, NY 12242

Date: Tuesday, June 28, 2016
Time: 2:00 p.m.
Location: RIT Inn and Conference Center
257 West Henrietta Road
Henrietta, NY 14467

Date: Thursday, June 30, 2016
Time: 2:00 p.m.
Location: Nassau Community College
One Education Drive
Garden City, NY 11530

These hearing locations are accessible to persons with impaired mobility. Interpreter services will be made available to deaf persons, at no charge, upon written request at least five business days prior to the date of the hearing. Please address requests to: Russ Brauksieck, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020.

NYS DEC invites all persons, organizations, corporations and governmental agencies to attend these hearings and submit either written or oral statements. At the hearings, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. However, NYS DEC will give equal weight to written and oral statements. Since a cumulative record will be compiled, it is not required that interested parties attend the hearings.

Written comments: The public is invited to submit written comments on the proposed amendments to Part 597 through July 8, 2016. Written comments can be submitted as follows:

(1) By email to: derweb@dec.ny.gov and please include "Comments on Proposed Part 597" in the subject line of the email; or

(2) By mail to:
Russ Brauksieck
NYS DEC - Division of Environmental Remediation
625 Broadway
Albany, NY 12233-7020.

For more information about this notice, please contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail: derweb@dec.ny.gov.


The New York State Department of Environmental Conservation (NYS DEC) - Division of Air Resources operates an ambient air monitoring network for various air contaminants within the State. As required by federal regulations, NYS DEC prepares an annual monitoring network plan, which describes in detail the specifics of the monitoring network. This plan includes an annual review of the existing monitoring network to determine the adequacy of the network and to propose any network modifications. The proposed annual monitoring network plan must be available for public review for a 30 day period prior to submittal to the United State Environmental Protection Agency (US EPA). This notice is intended to afford interested parties the opportunity to comment on the proposed plan.

NYS DEC has reviewed the current ambient air monitoring network and is proposing to add a permanent monitoring station in Niagara Falls. In addition, in accordance with the Data Requirements Rule for implementing the 2010 standards for SO2, two monitors will be established at each large source facility in St. Lawrence County (Alcoa), and Tompkins County (Cayuga) to demonstrate compliance.

The complete network plan document can be accessed from our website for viewing and download at: http://www.dec.ny.gov/chemical/33276.html.

Written comments on this plan should be forwarded to NYS DEC by June 13, 2016 and addressed to: Brian Lay, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway, 11th Floor, Albany, NY 12233-3256.


2016 Hudson River Estuary Grants for Local Stewardship Planning Under the New York State Environmental Protection Fund

Eligible Applicants are Governmental Entities and Not For Profit Corporations located within the Geographic Boundaries of the Hudson River Estuary

Applications will be accepted through 3:00 p.m. June 30, 2016 for grant funding under the Hudson River Estuary Grant Program. Anticipated grant funds from the New York State Environmental Protection Fund (NYS EPF) is approximately $450,000. This is a competitive grant program and projects must implement priorities of the Hudson River Estuary Action Agenda identified in the application. The Hudson River Estuary Action Agenda can be viewed at: http://www.dec.ny.gov/lands/5104.html. Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River. State assistance may fund up to 85% of the project cost. The matching share to be provided by the recipient is 15%.

Applications must be completed online and are available on the New York State Grants Gateway at: https://www.grantsgateway.ny.gov. The application ID Number is DEC01-HRER18-2016. All applicants must register in the Gateway to be eligible to apply for any NYS grant opportunity. Not-for-profit applicants must also be "prequalified" in the Grants Gateway system prior to the application deadline to be considered eligible for a grant. Information regarding registration and prequalification can be found at: http://www.grantsreform.ny.gov.

Information regarding the Hudson River Estuary grant applications can be found at http://www.dec.ny.gov/lands/5091.html or you may contact: Susan Pepe, NYS DEC - Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail: HREPgrants@dec.ny.gov.

Contact: Susan Pepe, NYS DEC - Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail: HREPgrants@dec.ny.gov.


2016 Hudson River Estuary Grants for River Access and Education Under the New York State Environmental Protection Fund

Eligible Applicants are Governmental Entities and Not For Profit Corporations located within the Geographic Boundaries of the Hudson River Estuary

Applications will be accepted through 3:00 p.m. June 30, 2016 for grant funding under the Hudson River Estuary Grant Program. Anticipated grant funds from the New York State Environmental Protection Fund (NYS EPF) is approximately $800,000. This is a competitive grant program and projects must implement priorities of the Hudson River Estuary Action Agenda identified in the application. The Hudson River Estuary Action Agenda can be viewed at: http://www.dec.ny.gov/lands/5104.html. Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River. State assistance may fund up to 85% of the project cost. The matching share to be provided by the recipient is 15%.

Applications must be completed online and are available on the New York State Grants Gateway at https://www.grantsgateway.ny.gov. The application ID Number is DEC01-HRER19-2016. All applicants must register in the Gateway to be eligible to apply for any NYS grant opportunity. Not-for-profit applicants must also be "prequalified" in the Grants Gateway system prior to the application deadline to be considered eligible for a grant. Information regarding registration and prequalification can be found at: http://www.grantsreform.ny.gov.

Information regarding the Hudson River Estuary grant applications can be found at: http://www.dec.ny.gov/lands/5091.html or you may contact: Susan Pepe, NYS DEC Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail: HREPgrants@dec.ny.gov.

Contact: Susan Pepe, NYS DEC - Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail: HREPgrants@dec.ny.gov.


Draft Amendment No. 4 to the Drinking Water State Revolving Fund (DWSRF) Federal Fiscal Year (FFY) 2016 Intended Use Plan

FFY 2016 DWSRF Intended Use Plan Amendments:

DWSRF#17562 Deferiet (V), Jefferson County - The project cost as listed in the DWSRF Intended Use Plan (IUP) is increased by $1,000,000. This increase reflects the potential additional funds that may be required at the conversion of the short term financing to a long term financing and to complete the project.

DWSRF#16906 Kiryas Joel (C), Orange County - The project cost as listed in the DWSRF Intended Use Plan (IUP) is increased by $8,500,000. This amendment supersedes the prior amendment published under Amendment No. 3. This increase reflects the potential additional funds that may be required at the conversion of the short term financing to a long term financing and to complete the project.

The New York State Department of Health (NYS DOH) has determined that the amendments are necessary, reasonable, and in the interest of protecting public health. The amendments 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. 4 of the FFY 2016 IUP.

Public Review and Comment on Draft Amendment No. 4

NYS DOH will accept comments on Amendment No. 4 to the FFY 2016 DWSRF IUP by mail, fax or email until 5:00 p.m. EST on Wednesday May 25, 2016.

Comments should be addressed to:

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.ny.gov (If sent by email please reference "IUP Amendment Comment" in the subject line)


Negative Declaration

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Hudson River Estuary Action Agenda 2015-2020 will not have a significant adverse environmental impact. The Agenda identifies proposed actions to be pursued over a six year period by NYS DEC, in partnership with other agencies and involved stakeholders. The Agenda builds on and is a continuation of the 2010-2014 Action Agenda and it's12 goals. Revisions have been made to frame the agenda in term of six human benefits: Clean water, Resilient communities, Vital estuary ecosystem, Estuary fish, wildlife and habitats, Natural scenery, and Education, river access, and recreation. Targets, measurable outcomes and action opportunities have been updated to better reflect trends, and challenges for building better partnership approaches to today's environmental issues.

The draft agenda was reviewed by the program's Hudson River Estuary Management Advisory Committee and was the focus of a Hudson River Summit, April 16, 2015 where more than 350 people attended. The draft agenda was posted in the ENB 4/1/2015 and a Negative Declaration determination was made. A public comment period ran from April 1, 2015 to May 15, 2015. A generic environmental impact statement, prepared for the 2005-2009 Action agenda, applied to the 2010-2014 agenda, and applies to this 2015-2020 agenda. Any specific projects that may be undertaken by NYS DEC or other entity as part of an action agenda target, outcome, or action will be subject to a complete environmental review under SEQRA as part of that project's review and permitting processes.

The Action Agenda 2015-2020 is available on line at: http://www.dec.ny.gov/lands/5104.html.

The project is located in the New York counties of: Albany, Bronx, Brooklyn, Columbia, Dutchess, Greene, Kings, New York, Putnam, Orange, Rensselaer, Richmond, Ulster, Rockland and Westchester.

Contact: Nancy Beard, NYS DEC - Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561, Phone: (845) 255-3016, E-mail: hrep@dec.ny.gov.


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