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ENB - Statewide Notices 5/24/2017

Public Notice

40 CFR 51.1205(b) Report; Erie and Niagara Counties; Sulfur Dioxide; 2010 National Ambient Air Quality Standard

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) plans to submit the above referenced report to the United States Environmental Protection Agency (US EPA), and is providing a 30 day period for the public to comment on the proposed report.

On June 2, 2010, US EPA strengthened the primary (health based) SO2 National Ambient Air Quality Standard (NAAQS) by establishing a new 1 hour standard at a level of 75 parts per billion (ppb).

US EPA finalized the second round of designations for the 2010 primary SO2 NAAQS on July 12, 2016. In that final rule, US EPA designated Erie and Niagara Counties in New York State as "unclassifiable/attainment" for the 2010 primary SO2 NAAQS based on an assessment and characterization of air quality performed using air dispersion modeling software, i.e., AERMOD, that analyzed actual emissions in the area surrounding Huntley (Erie County) and Somerset (Niagara County) Generating Stations, and other nearby sources which may have a potential impact in the area of analysis where maximum concentrations of SO2 are expected.

Pursuant to 40 Code of Federal Regulations (CFR) 51.1205(b), "For any area where modeling of actual SO2 emissions serve as the basis for designating such area as attainment for the 2010 SO2 NAAQS, the air agency shall submit an annual report to the US EPA Regional Administrator by July 1 of each year... that documents the annual SO2 emissions of each applicable source in each such area and provides an assessment of the cause of any emissions increase from the previous year."

NYS DEC plans to submit "40 CFR 51.1205(b) Report; Erie and Niagara Counties; Sulfur Dioxide; 2010 National Ambient Air Quality Standard" to US EPA by July 1, 2017. This proposed report satisfies the requirements of 40 CFR 51.1205(b) by demonstrating that Erie and Niagara Counties continue to attain the 2010 SO2 NAAQS and recommends that no additional modeling is needed. This proposed report can be found on the NYS DEC public website at: http://www.dec.ny.gov/chemical/8403.html

Written comments should be submitted by 5:00 p.m. on June 26, 2017 to: Robert D. Bielawa, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, or by e-mail to: dar.sips@dec.ny.gov. Robert D. Bielawa can be reached at (518) 402-8396 with any questions regarding this proposed report, including requests for a hard copy.

Contact: Robert D. Bielawa, 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


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.

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