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ENB - Statewide Notices 7/19/2017

Public Notice

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 New York State. As part of the NYS DEC's continued effort to provide a robust and efficient monitoring network, NYS DEC is requesting a waiver to adjust the requirements of the Photochemical Assessment Monitoring Stations (PAMS) monitoring program to more effectively meet the data collection needs in New York. As required by federal regulations, the proposed waiver must be available for public review for a 30 day period prior to submittal to Untied State Environmental Protection Agency (US EPA). This notice is intended to afford interested parties the opportunity to comment on the proposed plan.

The complete network plan document can be accessed from our website for viewing and download at

Written comments on this waiver should be forwarded to the NYS DEC by August 18th, 2017 and addressed to: Brian Lay, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway, 11th floor, Albany, NY 12233-3256.

Contact: Brian Lay, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway, 11th floor, Albany, NY 12233-3256.

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.


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: 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:

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:

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:

Notice of Public Hearing

Revisions to the New York State Implementation Plan for the 2008 Ozone National Ambient Air Quality Standards pertaining to the New York-N. New Jersey-Long Island, NY-NJ-CT Nonattainment Area

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) plans to submit two State Implementation Plan (SIP) revisions to the United States Environmental Protection Agency (US EPA).

First, NYS DEC plans to make a SIP submission pursuant to Clean Air Act section 182(b) pertaining to the 2008 ozone National Ambient Air Quality Standards (NAAQS). The New York-Northern New Jersey-Long Island, NY-NJ-CT (New York metropolitan area, or NYMA) nonattainment area failed to attain the 2008 ozone NAAQS by the "marginal" attainment date of July 20, 2015, and was reclassified by US EPA to "moderate" nonattainment effective June 3, 2016. States with moderate nonattainment areas are required to submit a State Implementation Plan (SIP) revision demonstrating how the area will attain the NAAQS by the "moderate" area deadline of July 20, 2018 (based on monitored air quality data from 2015-2017).

NYS DEC predicts that the NYMA will not meet the July 20, 2018 attainment deadline based on a projected 2017 modeling demonstration and taking into account certified 2016 monitored values that continue to significantly exceed the NAAQS. NYS DEC is therefore utilizing this submission to request that EPA issue an immediate reclassification to "serious" nonattainment for the NYMA that would impose a new attainment deadline of July 20, 2021 (based on 2018-2020 monitored data).

This proposed SIP revision also certifies that certain previously-approved Clean Air Act requirements for ozone nonattainment areas remain adequate, and that no revisions to the state plan are necessary for these previously-approved requirements. Specifically, NYS DEC certifies that the emission inventory, emission statement, vehicle inspection and maintenance, nonattainment new source review, and Reasonably Available Control Technology (RACT) requirements are up-to-date and valid for the 2008 ozone NAAQS.

Second, the Clean Air Act also requires NYS DEC to submit a SIP revision to demonstrate that the NYMA meets the RACT requirements for a "moderate" nonattainment area. This demonstration will be submitted to EPA as a separate SIP revision, and certifies that subject sources in the NYMA are controlled by standards that, at a minimum, meet RACT.

A hearing for the proposed SIP revisions described above will be held as follows and is scheduled in a location that is reasonably accessible to persons with impaired mobility:

Date: August 21, 2017
Time: 1:00 p.m.
Location: NYS DEC - Region 2 Office
1 Hunters Point Plaza
47-40 21st Street
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 August 14, 2017 to Richard McAuley, NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233-3258, Phone: (518) 402-8438, E-mail:

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act (SEQRA), NYS DEC has prepared a Coastal Assessment Form and an Environmental Assessment Form stating that the proposed actions will not have any adverse effect on the environment.

NYS DEC invites all persons, organizations, corporations, and government agencies that may be affected by the proposals to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearing and oral statements made at the hearing will be given equal weight.

Drafts of the proposed SIP revisions are available online at: Additional appendices not included on the webpage are available upon request.

Written comments should be submitted by 5:00 p.m. on August 28, 2017 to: Scott Wajda-Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, or by e-mail to: Scott Wajda-Griffin can be reached at (518) 402-8396 with any questions regarding this proposed SIP revision.

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

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