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ENB - Statewide Notices 7/20/2016

Public Notice

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 adoption of 6 NYCRR Sections 6.2 and 6.3 pertaining to Fisher Trapping Seasons and Bag Limits. This notice will be published in issue 29 of the State Register, dated July 20, 2016.

For further information, please contact:

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


Notice of Proposal to Spend Settlement Funds

The New York State Department of Environmental Conservation (NYS DEC), on behalf of the State of New York as the "Trustee" of groundwater resources in the state intends to settle a natural resource damage (NRD) claim with the Responsible Party, Lockheed Martin, for the Unisys State Superfund Site (the Site) located in the Village of Lake Success, Town of North Hempstead, Nassau County, New York. Long Island's aquifers are designated by the United States Environmental Protection Agency as Sole Source Aquifers because they are the only source of drinking water for the 2.9 million residents in Nassau and Suffolk County. A portion of this settlement will be designated for restoration planning in the form of a groundwater study that will provide a critical predictive tool to NYS DEC to manage the sole drinking water resources that are currently threatened by advancement of salt water interface, over pumping and numerous migrating contaminant plumes. The magnitude of the study on groundwater resources in Long Island requires a significant amount of funding.

The Trustee seeks this settlement as compensation for injuries to natural resources due to the release of environmental contaminants from the Site that impacted Long Island's sole source aquifer. The Trustee is required to use settlement funds to compensate for those injuries by restoring natural resources, supporting habitat, and/or services provided by the injured resources.

The Trustee intends to enter into an Order on Consent with Lockheed Martin settling the Trustee's NRD claim. $900,000 of this settlement is proposed to be spent on restoration planning in the form of a groundwater study to be conducted by the USGS on Long Island (the Study) that will provide a critical predictive tool to NYS DEC to manage the sole drinking water resources for its 2.9 million residents. The Study is a multiyear effort. Funding from this settlement will provide a portion of the necessary funds.

Accordingly, the Trustee has prepared this Proposal to Spend Settlement Funds (Proposal) and is seeking comments on it. The funds addressed by this Proposal are for the restoration planning component of the NRD settlement. There will be additional settlement funds and additional proposed restoration projects to be performed to compensate for the natural resource injuries at this Site. NYS DEC will supplement this Proposal with additional proposals or restoration plans, as appropriate.

The Proposal is available online at: www.dec.ny.gov/regulations/54189.html; it can also be viewed, by request, at: NYS DEC's Central Office, 625 Broadway, Albany, NY 12233 through the contact listed below. Comments on the Proposal are due by August 19, 2016.

After the comment period on the Proposal, any comments received will be considered before issuance of a Final Plan to Spend Settlement Funds.

Comments on this Proposal to Spend Settlement Funds are due by Friday, August 19, 2016. Comments can be submitted to the NYS DEC contact listed below.

Contact: Patrick Foster, Esq., NYS DEC - Office of General Counsel, 625 Broadway, 14th Floor, Albany, NY 12233, Phone: (518) 402-9502, E-mail: patrick.foster@dec.ny.gov.


Designation Recommendations for the 2015 Ozone National Ambient Air Quality Standards

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is planning to submit to the United States Environmental Protection Agency (US EPA) its designation recommendations for the 2015 ozone National Ambient Air Quality Standards (NAAQS).

US EPA revised the ozone NAAQS on October 1, 2015 to a level of 0.070 parts per million. Clean Air Act section 107(d) grants states a year to submit their designation recommendations based on the most recent certified air quality data. EPA then finalizes its designations a year later (i.e. by October 1, 2017).

NYS DEC is recommending that the New York metropolitan area, comprised of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester Counties, be designated nonattainment for the 2015 ozone NAAQS based on monitored air quality data from the 2013-2015 period. This represents the same area currently designated nonattainment for the 2008 ozone NAAQS, which is shared with Connecticut and New Jersey. NYS DEC is recommending that the remainder of the state be designated attainment.

NYS DEC is providing a 30 day period to comment on this submission. Written comments should be submitted by 5:00 p.m. on August 19, 2016 to: Scott Wajda-Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, E-mail: dar.sips@dec.ny.gov.

Contact: Scott Wajda-Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: dar.sips@dec.ny.gov.


Notice of Adoption for Amendments to Brownfield Cleanup Program Regulations at 6 NYCRR Part 375 - Effective August 12, 2016

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) announces the adoption of amendments to 6 NYCRR Part 375 of the Brownfield Cleanup Program regulations, effective August 12, 2016. Notice of Adoption will be available in the August 3, 2016 issue of the State Register.

The amendments define the terms "affordable housing project" and "underutilized" as part of the eligibility requirements for tangible property tax credits (TPCs) for brownfields in New York City, and revise the existing definition of "brownfield site," in accordance with the statutory mandates in Part BB of Chapter 56 of the Laws of 2015 which amended and added new language to Environmental Conservation Law Article 27, Title 14 (Brownfield Cleanup Program, BCP) and certain other laws.

In part, the 2015 amendments to the BCP law address the large differences in the potential state tax liability between New York City BCP sites and those in the rest of the State. The primary driver for the regional imbalance within the BCP is high development costs for some downstate projects, which resulted in excessive TPCs. Limiting the eligibility of New York City sites to specific affordable housing projects and underutilized properties through criteria established by regulation should help target funds and projects in New York City areas with the most need. The amended definition of "brownfield site" implements a statutory amendment that clarified DEC's use of an environmental standards-based approach to site eligibility determinations to ensure that TPCs are only afforded to sites with actual contamination rather than potential contamination

The definition of "underutilized" incorporates New York City's express desire that the BCP encourage industrial and commercial development, and NYS DEC was statutorily required to consult with New York City on the definition. Properties that are not zoned for commercial or industrial use would be zoned for residential use; and, while they would not qualify as underutilized, they could qualify as affordable housing, be located in an environmental zone, or possibly be upside down. The other eligibility pathways provide separate avenues for TPCs for residentially-zoned properties.

A public hearing regarding the proposed amendments was held on July 29, 2015 in New York City and the comment period ended on August 5, 2015. Comments were received, both in writing and at the public hearing, from 11 separate entities. Subsequently, on March 9, 2016, NYS DEC released for public comment revised proposed regulations which addressed comments received on the proposed regulations. No public hearing was required for the revised rule making and the comment period ended on April 8, 2016. Written comments were received from eight separate entities. During these public comment periods, NYS DEC received comments from business organizations, the City of New York, the New York State private environmental bar association, the New York State Business Council, private environmental consultants, and individuals.

The final rule making documents, including the Assessment of Public Comment, are available on DEC's website at http://www.dec.ny.gov/regulations/101908.html

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.


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