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ENB - Statewide Notices 5/10/2017

Public Notice

Notice of Proposed Rulemaking

6 NYCRR Part 232, Dry Cleaning Facilities

Pursuant to Sections 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) is proposing to repeal and replace existing Part 232, entitled: "Perchloroethylene Dry Cleaning Facilities," of Title 6 of the Official Compilation of Codes, Rules and Regulation of the State of New York (6 NYCRR). Major changes to the dry cleaning industry have taken place since the NYS DEC's dry cleaning regulation went into effect in 1997. As a result, many of the requirements in Part 232 have become outdated and are, therefore, in need of revision. Additionally, the United States Environmental Protection Agency (US EPA) classifies perchloroethylene (perc) as a likely human carcinogen; airborne exposure continues to be a public health concern to residents and commercial occupants at co-located dry cleaning facilities; spills and groundwater contamination continue to be a potential remedial problem; and occupational exposure to employees of perc dry cleaning facilities is a well-documented health issue. This rulemaking will revise the existing regulation and add several new components to improve compliance and program delivery; reduce perc and alternative solvent emissions to the environment; address advancements in technology and changes in the industry regarding the use of alternative dry cleaning solvents; and bring New York's regulation up to date with current federal requirements. This proposal applies to any entity that operates, or proposes to operate, approved alternate solvent or perc dry cleaning machines.

Written comments on the proposed rule may be submitted to the contact listed below until 5:00 p.m. on July 7, 2017.

Hearings for the proposed rule and attendant revisions to existing rules described above will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: June 27, 2017
Time: 6:00 p.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129A/B
Albany, NY 12233

Date: June 28, 2017
Time: 6:00 p.m.
Location: Reinstein Woods Environmental Education Center
Reinstein Woods Nature Preserve
93 Honorine Drive
Depew, NY 14043

Date: June 29, 2017
Time: 6:00 p.m.
Location: SUNY @ Stony Brook
50 Circle Road, Room B02
Stony Brook, NY 11790

Date: June 30, 2017
Time: 6:00 p.m.
Location: New York State Department of Transportation (NYS DOT)
1 Hunter's Point Plaza
47-40 21st Street, Room 834
Long Island City, NY 11101

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by June 20, 2017, to: Richard McAuley, NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8438, E-mail: air.regs@dec.ny.gov.

Contact: Eric Wade, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8403, E-mail: air.regs@dec.ny.gov.


Data Solicitation for 2018 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 the United States Environmental Protection Agency (US EPA) by April 1, 2018. 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 2018 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. The 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 2018 CWA Section 303(d) List, data and information must be received by September 29, 2017. 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 US EPA by April 1, 2018.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet (PDF 350 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, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (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@gw.dec.state.ny.us.

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 2018 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, Bureau of Watershed Assessment and Management, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@gw.dec.state.ny.us.


2017 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. July 12, 2017 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://grantsgateway.ny.gov The application ID Number is DEC01-HRER22-2017. All applicants must register in the Grants Gateway to be eligible to apply for any New York State 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: https://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.


2017 Hudson River Estuary Grants for River Access Improvements for People of All Abilities 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. July 12, 2017 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 $220,000. 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://grantsgateway.ny.gov The application ID Number is DEC01-HRER21-2017. All applicants must register in the Grants Gateway to be eligible to apply for any New York State 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: https://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.


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