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ENB - Statewide Notices 6/21/2017

Public Notice

Notice of Adoption to Amend 6 NYCRR Part 180/Section 180.6

Pursuant to the Environmental Conservation Law sections 03-0301, 11-0303 and 11-0305, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 180/Section 180.6 pertaining to Free Sport Fishing Days. This notice will be published in issue 25 of the State Register, dated June 21, 2017.

For further information, please contact:

Joelle Ernst
NYS DEC - Division of Fish and Wildlife
625 Broadway
Albany, NY 12233-4753
Phone: (518) 402-8891
E-mail: joelle.ernst@dec.ny.gov


Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 40 and modify the recreational fishing limits for summer flounder (fluke)

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-b, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC has filed a Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 40 pertaining to the recreational harvest of summer flounder. This rule making will increase the minimum size for recreational summer flounder by 1 inch, from 18 inches to 19 inches and decrease the possession limit from 5 fish to 3 fish. The open season remains unchanged. This proposed rule will make New York's recreational summer flounder regulations more restrictive and is in compliance with the Atlantic State Marine Fisheries Commission management guidelines for summer flounder.

The emergency rule went into effect on May 10, 2017 and will expire on August 7, 2017. NYS DEC is seeking to adopt this rule making permanently.

This notice was published in issue 22 of the State Register on May 31, 2017. Written comments on the proposed rule making will be accepted until close of business July 17, 2017. Please submit comments to the contact listed below.

For further information, please contact:

John Maniscalco
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0437
E-mail: fwmarine@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, 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.


Notice of Revised Proposed 6 NYCRR Part 360, Solid Waste Management Facilities

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is proposing to revise 6 NYCRR Part 360 (Part 360) Solid Waste Management Facilities. In support of these regulatory changes, a Revised Draft Generic Environmental Impact Statement (Draft GEIS) has been prepared. The Notice of Revised Rule Making is available in the June 21, 2017 issue of the State Register. Written public comments will be accepted by NYS DEC until 5:00 p.m. on July 21, 2017.

NYS DEC proposed a major reorganization and revision of New York State's solid waste management regulations and published notice of this rulemaking on March 16, 2016. Four public hearings and eleven public workshops were held across the State to inform the public about the proposed rules and to answer questions from both the regulated community and the general public. NYS DEC received 235 formal written comments, and approximately 5,000 form letters and e-mails during the 180 day public comment period, as well as hundreds of additional comments during the public hearings. The revisions to the regulations address the comments received during the comment period and provide additional clarification on many technical issues.

This revised rulemaking will amend the existing regulations for solid waste management facilities that are currently found in Part 360. A component of this proposed rulemaking is to subdivide the solid waste management facility regulations into groups that are similar in nature, such as facilities that recycle and recover materials. Therefore, the current Part 360 criteria will be found in Parts 360, 361, 362, 363, 365, and 366. In addition to the solid waste management facilities and activities currently regulated under Part 360, this proposed rulemaking includes revisions to regulations governing waste transportation (Part 364) and state assistance grants to municipalities related to solid waste management (Part 369). This rulemaking will also incorporate minor amendments to Parts 621 and Parts 370-374.

Availability of Documents for Review:

Information concerning the review process, the revised proposed amendments to Part 360, and revised supporting rulemaking documents are available on NYS DEC's web site at: http://www.dec.ny.gov/regulations/81768.html. These documents may also be inspected at NYSDEC, 625 Broadway, Albany, NY 12233. Please call Melissa Treers for an appointment at (518) 402-8678.

Public Hearings:

A legislative public hearing to receive public comments on the revised proposed amendments to Part 360 and the revised Draft GEIS will be held at the following location:

Date: July 13, 2017
Time: 1:00 p.m.
Location: NYS DEC Headquarters
625 Broadway
Albany, NY 12233

This hearing location is 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: Melissa Treers, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7260.

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 revised proposed amendments to Part 360 and the revised Draft GEIS until 5:00 p.m. on July 21, 2017.

Written comments can be submitted as follows:

(1) By e-mail to: SolidWasteRegulations@dec.ny.gov . Please include "Comments on Revised Proposed Part 360 Series " in the subject line of the email; or

(2) By mail to Melissa Treers
NYS DEC - Division of Materials Management
625 Broadway
Albany, NY 12233-7260.

For more information about this Notice, please contact: Melissa Treers, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7260, Phone: (518) 402-8678, E-mail: SolidWasteRegulations@dec.ny.gov.


Notice of Acceptance of Draft GEIS and Public Hearing

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Revision to 6 NYCRR Part 360, Solid Waste Management Facilities. A public hearing on the Part 360 and the revised Draft GEIS will be held on July 13, 2017 at 1:00 p.m. at the NYS DEC Headquarters, 625 Broadway, Albany, NY 12233. Written comments on the Draft GEIS will be accepted by the contact listed below until July 21, 2017. The proposed revisions to the Part 360 series express terms, supporting documents, and Revised Draft Generic Environmental Impact Statement are available on NYS DEC's website at: http://www.dec.ny.gov/regulations/81768.html.

NYS DEC completed a Draft Generic Environmental Impact Statement (Draft GEIS) as part of the Part 360 rulemaking in March 2016, revisions have been made to the Draft GEIS to address amendments made to the express terms based on comments received. In December of 2010, NYS DEC adopted a new State Solid Waste Management Plan, titled Beyond Waste: A Sustainable Materials Management Strategy for New York State: http://www.dec.ny.gov/chemical/41831.html. The Plan was supported by a generic environmental impact statement that was accepted on December 15, 2010. Beyond Waste sets forth multiple strategies to reduce the reliance on disposal facilities and increase waste reduction and recycling. One of the means to satisfy the recommendations of the Plan is to update the regulations governing solid waste management. The revisions to the regulations will promote the goals of Beyond Waste by reducing the regulatory burden on organics recycling facilities where justified, encouraging planning units to consider organics recycling, adding organics as a potential separate category for funding, and prohibiting the disposal of source separated organics. Due to significant reorganization into a series format, minor revisions addressing renumbering will be made to existing Parts 370, 371, 372, 373, and 374 to ensure appropriate cross references. Additionally, the proposed revisions to existing Part 360 include the removal of existing 360-14, the regulatory criteria for used oil. The regulatory criteria for used oil will now be contained solely in 374-2, Standards for the Management of Used Oil. However, permits for used oil handling facilities will still be issued pursuant to Part 360. Revisions to Subpart 34-2 will be included in this rulemaking to address this change. This rulemaking will also include specific amendments to 6 NYCRR Subpart 373-4, Facility Standards for the Collection of Household Hazardous Waste and Hazardous Waste from Conditionally Exempt Small Quantity Generators. Under this action, existing Subpart 373-4 is proposed to be repealed and the requirements of that subpart are proposed to be incorporated into the new Subpart 362-4.

Contact: Melissa Treers, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8678.


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