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ENB - Statewide Notices 9/20/2017

Public Notice

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.


Pursuant to the Environmental Conservation Law sections 11-0303, 11-0311, 11-0903, and 11-0905, the Department of Environmental Conservation hereby gives notice of the following:

The Notice of Adoption to amend 6 NYCRR Part 3.1 Pertaining to Diamondback Terrapins and Part 3.2 Pertaining to Native Turtles was filed with the Department of State on September 5, 2017, and will be posted in issue 38 of the State Register, dated September 20, 2017.

For further information please contact:

Kathleen O'Brien:
NYS Department of Environmental Conservation
625 Broadway
Albany, NY 12233-4754
Telephone: (518) 402-8864
E-mail: kathleen.obrien@dec.ny.gov


Pursuant to the Environmental Conservation Law sections 11-0303, 11-0311, 11-0903, and 11-0905, the Department of Environmental Conservation hereby gives notice of the following:

The Notice of Adoption to amend 6 NYCRR Part 69, Pertaining to Hunting on Thousand Islands State Parks and Part 101, Pertaining to Hunting at Verona Beach Park Wildlife Management Cooperative Area was filed with the Department of State on September 5, 2017, and will be posted in issue 38 of the State Register, dated September 20, 2017.

For further information please contact:

Marcelo del Puerto:
NYS Department of Environmental Conservation
625 Broadway
Albany, NY 12233-4754
Telephone: (518) 402-8907
E-mail: marcelo.delpuerto@dec.ny.gov


Notice of Adoption

Comprehensive Revisions to 6 NYCRR Part 360
Solid Waste Management Regulations

Notice is hereby given that on September 5, 2017, the New York State Department of Environmental Conservation filed a Notice of Adoption with the Secretary of State to repeal existing 6 NYCRR Parts 360, 362, 363, 364, 369 and Subpart 373-4; adopt new 6 NYCRR Parts 360, 361, 362, 363, 364, 365, 366, and 369; renumber existing 6 NYCRR Part 361 to Part 377; and, make minor amendments to 6 NYCRR Parts 370, 371, 372, 373, 374 and 621. These regulations govern solid waste management in New York State.

These regulations will become effective on November 4, 2017.

Notice of Adoption for the rulemaking will be published in the State Register on September 20, 2017. The express terms and supporting rulemaking documents are available on DEC's website at http://www.dec.ny.gov/regulations/propregulations.html.

To obtain additional information on the rulemaking, please contact Melissa Treers at (518) 402-8678.


Notice of Complete Application

The New York State Department of Environmental Conservation (NYSDEC) proposes to issue General Permit GP-0-17-001, Seasonal Benthic Mat General Permit for seasonal placement and removal of benthic mats in shoreline areas.

Permits Applied for: Article 15 Title 5 Excavation & Fill in Navigable Waters
Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project Location: DEC Regions 3 - 9, excluding areas in Regions 5 and 6 within the Adirondack Park

State Environmental Quality Review (SEQR) Determination: The project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

The NYSDEC proposes to issue General Permit GP-0-17-005, Adirondack Park Benthic Mat General Permit for placement and removal of benthic mats in shoreline areas within the Adirondack Park.

Permits Applied for: Article 15 Title 5 Excavation & Fill in Navigable Waters
Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project Location: DEC Regions 5 and 6 within the Adirondack Park

State Environmental Quality Review (SEQR) Determination: The project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

Opportunity for Public Comment: These draft General Permits are available on NYSDEC's website at www.dec.ny.gov/permits/90349.html. Comments must be submitted to the contact person in writing no later than October 20, 2017 or 15 days after the publication date of this notice, whichever is later.

Contact: Karyn Hanson, NYSDEC, Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750, 518-402-9167, BenthicMatGP@dec.ny.gov.


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