ENB - STATEWIDE NOTICES

        
Completed Applications Consolidated SPDES Renewals
Public Notice

The New York State Department of Environmental Conservation (NYSDEC) adopted Emergency Rulemaking on August 15, 2002 amending 6 NYCRR Section 196.4 to:

(1) authorize the use of mechanized vessels and aircraft on all Wilderness lakes contained in 6 NYCRR section 196.4 where necessary to address sudden, actual and ongoing emergencies involving the protection or preservation of human life or intrinsic resource values; and

(2) to authorize aircraft to be used on certain specified water bodies for the purpose of allowing the collection of vital scientific data related to acid rainfall in the Adirondack Mountains by the Darrin Fresh Water Institute and the Adirondack Lakes Survey Corporation.

This amendment became effective upon filing with the NYS Department of State on August 15, 2002, and will remain in effect for ninety (90) days, until the expiration date, November 13, 2002.

This amendment brings the provisions of 6 NYCRR Section 196.4 into consistency with the Adirondack Park State Land Master Plan developed by the Adirondack Park Agency for the management of State lands within the Adirondack Park, regarding the use of mechanized vessels and aircraft on Wilderness lakes.

More details and information may be obtained from: Colbath A. Tucker, P.E., NYSDEC, Division of Water, 4th Floor, 625 Broadway, Albany, NY 12233-3508, phone: (518) 402-8136; fax (518) 402-9029, e-mail: catucker@gw.dec.state.ny.us


Public Comment Period Open for Comparative Risk Project Draft Final Report of the Risk Reduction Strategies Work Group

Project Description:

The New York State Comparative Risk Project (Project) was initiated in 1996 to assist the Department of Environmental Conservation in developing a risk-based approach to pollution prevention. The Project seeks to identify those environmental problems that pose the highest risks to the citizens and the environment of New York State and to develop recommendations for reducing those risks through pollution prevention/risk reduction programs, or technical assistance strategies. The Project decisions are, to the greatest extent practicable, based on the available scientific information and current technology and attempt to reflect public opinions and values.

The comparison of environmental problems in this Project is based on risks associated with substances that are released into the environment. These substances can be chemicals or particles that may be released into the air, water, or land. Fourteen groups of these substances, called stressors, have been developed. The stressor groupings are based on similarities in their physical or chemical characteristics.

The project is broken into two phases. Phase 1, the risk characterization phase, identified the most significant threats to human health, ecosystems, and quality of life that result from toxic releases to the environment. For this phase, three work groups were established to identify and evaluate these environmental threats. The evaluations of these three groups were intended to help identify those problem areas where current regulatory and pollution prevention efforts have either not yet been implemented, can benefit from enhancement, or have so far failed to adequately reduce risk to human health, ecosystems, or quality of life for New Yorkers. The Project focuses on residual risks (i.e., the risks that remain given current levels of environmental regulation and control). These first three work groups have written reports that examine and compare the risks posed by the groups of 14 stressors.

Phase 2, the risk reduction strategies phase, developed management strategies that incorporate pollution prevention methods and prioritized them for implementation. For Phase 2, a Risk Reduction Strategies Work Group was established to build on the work of the three previous work groups and the Project Steering Committee by identifying sources of the 14 stressors evaluated and the availability of pollution prevention measures that are potentially the most effective at reducing risk. The Risk Reduction Strategies Work Group has prepared a Draft Final Report that develops, prioritizes and recommends for implementation overall management strategies that also incorporate specific pollution prevention strategies.

Additional details about the Comparative Risk Project, including copies of the Project ground rules and other documents, can be obtained through the Project website at www.dec.state.ny.us/website/ppu/p2crp.html.

Available Reports:

Three work group reports, prepared by the Human Health, Ecosystems, and Quality of Life Work Groups were released in the summer of 2001 for public comment and have been finalized. A Steering Committee Final Report summarizing the Project and findings from Phase 1 is also available. The draft Final Report of the Risk Reduction Strategies Work Group is now available for public comment.

All reports can be obtained through the Projectís website at www.dec.state.ny.us/website/ppu/p2crp.html. They can also be obtained through the address, phone, fax, and email address provided in the next section.

Public Comment Period Information:

A public comment period on the draft Final Report of the Risk Reduction Strategies Work Group will take place through September 16, 2002. During this time, written comments on this draft report will be accepted by the following means:

Formal public comments will not be taken by phone, but those with questions about the Project may call 518-402-9472

Please send comments in by September 16, 2002. The Draft Final Report of the Risk Reduction Strategies Work Group will be revised and finalized shortly after review of the public comments received, and it is anticipated that the Steering Committee will prepare a final report for the Project by the end of 2002. Although no formal written response to individual public comments will be prepared, each comment that is received will be considered by the Risk Reduction Strategies Work Group or the Steering Committee and will be reflected in changes to the report which will be posted on the Projectís website.


Pursuant to the Environmental Conservation Law, Sections 11-0105, 11-0303, 11-0305, 11-1303 and 11-1321, the Department of Environmental Conservation hereby gives notice of the following:

Adoption of regulations 6NYCRR Section 10.2 relating to sportfishing in the Great Lakes tributaries. The adoption notice will be published in issue 36 of the State Register, dated 09/04/2002 and the regulations will become effective upon publication.

For further information contact: Robert E. Brandt, Bureau of Fisheries, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4753, phone: (518) 402-8898

Public Notice of Intent to Modify General SPDES Permit GP-99-01 for Concentrated Animal Feeding Operations (CAFOs)

The New York State Department of Environmental Conservation (Department) proposes to issue and hereby makes available for comment, a draft modification to General SPDES Permit GP-99-01 for Concentrated Animal Feeding Operations (CAFOs).

In accordance with General SPDES Permit GP-99-01, Section 7, all CAFOs are required to develop an Agricultural Waste Management Plan (AWMP) in accordance with Natural Resources Conservation Service (NRCS) Conservation Practice Standard (CPS) 312-NY. The permit originally issued on July 1, 1999, requires the plan to be completed within 18 months after the Date of Coverage for "large" CAFOs, and within 24 months after the Date of Coverage for "medium" CAFOs. The permittee must demonstrate compliance with this requirement by submitting a completed Appendix B - Agricultural Waste Management Plan Certification. Appendix B must be signed by the CAFO operator {generally the owner and person who signed the Notice of Intent(NOI)} and the certified planner who prepared the plan.

After public notice and comment, on October 12, 2001, the Department issued a modification to the permit to allow existing and expanded CAFOs to apply for an extension to the compliance deadline to certify completion of the AWMP. The permit modification allowed extensions of up to six months for large CAFOs, which in no event could be later than January 1, 2002, and extensions of up to twelve months for medium CAFOs, which in no event could be later than January 1, 2003.

In consultation with the New York State Department of Agriculture and Markets and the CAFO Work Group, the Department has determined that the current compliance deadlines cannot be met for a substantial number of medium CAFOs. The principle reason is the extensive training and time required in qualifying and certifying the planners who prepare the AWMPs. The Department is not proposing to modify the requirements for large CAFOs.

The Department is proposing a modification to the permit to allow existing and expanded medium CAFOs to apply for an extension to June 30, 2004, to certify completion of the AWMP. Section 7.e. - AWMP Time Extensions for Medium CAFOs is replacing the previous Section 7.e. AWMP Time Extensions to allow medium CAFOs to apply for an extension of time to June 30, 2004, to complete the development and the certification of the AWMP.

The permit modification will also add Appendix E - Time Extension Request for Medium Concentrated Animal Feeding Operations (CAFOs). To obtain the extension to June 30, 2004, for submitting the Appendix B - Agricultural Waste Management Plan Certification, the owner/operator must submit the completed Appendix E to the Department. Upon submittal of the completed Appendix E, the permittee will receive a written notification from the Department that the compliance date for submittal of the Appendix B has been extended to June 30, 2004.

Copies of the draft permit modification and fact sheet are available by calling 518-402-8117, or on the DEC website at www.dec.state.ny.us/website/dow/cafohome.html

Written comments on the draft permit may be sent to the DEC at the address below until October 4, 2002.

Mr. Joseph DiMura, P.E., New York State Department of Environmental Conservation, Division of Water, Bureau of Water Permits, 625 Broadway, Albany, NY 12233-3505, phone: 518-402-8117

Notice of Comment Period Extension

Title: Voluntary Cleanup Program Guide

Subject: Information regarding the New York State Voluntary Cleanup Program

Comment Period Extension: On May 29, 2002, notice was given in the ENB that the subject guidance document is available for review and comment. A 30-day comment was established. In response to requests that the length of comment period be increased, the Department extended the comment period an additional 60 days until August 27, 2002. Subsequently, other requests have been received and granted to further extend the comment period until October 11, 2002. All comments received will be considered during preparation of the final document. Notice of the availability of the final policy document will appear in the ENB.

Contact Person: The full-text of this proposed guidance document can be downloaded from the Departmentís website (www.dec.state.ny.us/website/der/vcp/index.html). To obtain a printed version or to submit comments, please contact: Environmental Remediation, Attn. Andrew English, 625 Broadway, Albany, NY 12233-7017, phone: (518) 402-9671, fax: (518) 402-9679, e-mail: ajenglis@gw.dec.state.ny.us