ENB - STATEWIDE NOTICES

        
Completed Applications Consolidated SPDES Renewals
Notice of Acceptance of Final EIS

Statewide - The New York State Department of Environmental Conservation and The New York State Office of Parks, Recreation and Historic Preservation, as lead agencies, has accepted a Final Environmental Impact Statement on the proposed Conserving Open Space in New York State 2002 - Final Open Space Conservation Plan and Generic Environmental Impact Statement. The action involves an update and revision of the1998 plan which includes identification of the types and locations of open space resources, and enumeration of various open space conservation methods including voluntary and protection programs, land use regulations as well as acquisition of land, or an easement interest in land by the State. The plan describes the selection process for deciding when acquisition may be the appropriate method of open space conservation. It also makes recommendations for legislative and executive action on a number of open space conservation issues including: the recommendations of the Governorís Quality Communities Task Force relating to intergovernmental cooperation and coordination on land use planning and open space protection, private and public land stewardship, tax policy, care and disposition of State land, the involvement of federal and local governments and not-for-profit conservation organizations. The final Plan also contains a listing of specific high priority conservation projects eligible for State land acquisition and conservation strategies for major resource areas . The final Plan will be presented to the Governor and the Legislature, and following approval by the Governor, the Plan will continue to guide both NYS DEC and NYS OPRHP in their open space conservation and land acquisition programs. The project is located statewide. The Plan may also be obtained at DECís website: www.dec.state.ny.us/website/opensp/index.html

Contact: Francis Sheehan, NYS DEC, 625 Broadway, Albany, NY 12233-4250, (518) 402-9417 or Robert Reinhardt, NYS OPRHP, Agency Building 1, Empire State Plaza, Albany, NY 12238, (518) 474-0415.

Public Notice

Stormwater: General Permit for Small Municipal Separate Storm Sewer Systems (MS4s)

Statewide - DEC has made available for public comment a proposed, draft general permit for stormwater discharges from Small Municipal Separate Storm Sewer Systems, under the State Pollutant Discharge Elimination System (SPDES).

Copies of the proposed general permit and other information are available to Internet users at: http://www.dec.state.ny.us/website/dow/PhaseII.html

Copies of these materials are also available by calling 518-402-8109

The proposed general permit will control stormwater discharges associated with Small Municipal Separate Storm Sewer Systems ("MS4s") pursuant to Phase II of the federal stormwater regulations. The proposed general permit applies to activities defined in 40 CFR Part 122 and certain other activities which meet the eligibility conditions contained in the permit and are not otherwise precluded from coverage. For fact sheets on the federal stormwater requirements, go to: http://cfpub.epa.gov/npdes/stormwater/swfinal.cfm

Permittees undertaking activities which qualify for the general permit and who wish to seek authorization to discharge stormwater in compliance with the federal Clean Water Act may seek coverage under the general permit by submitting a Notice of Intent (NOI).

This action continues the implementation of the federal stormwater program defined under the National Pollutant Discharge Elimination System (NPDES) and is anticipated to have a positive impact by improving water quality. A negative declaration has been prepared pursuant to the State Environmental Quality Review Act and is on file.

Background

Phase II federal stormwater regulations require certain MS4s to obtain permit coverage for their stormwater discharges by March 10, 2003. MS4s are required to develop Stormwater Management Programs which address at least six minimum control measures to control their stormwater discharges. MS4s are defined under 40 CFR Part 122 and include all publicly owned and operated separate stormwater collection systems. A separate stormwater system is defined as a system of pipes or ditches or other conveyances designed to collect only stormwater. Systems operated by the state and federal governments, towns, villages, cities, counties, special districts and public authorities are included.

"Regulated" MS4s include those located within automatically designated "Urbanized Areas" as defined by either the 1990 or 2000 census. In addition, certain areas of the State may be designated by DEC for coverage. Maps showing automatically designated urbanized areas are available on the DEC website. The website also contains a list of communities which are located either entirely or partially within a coverage area which may need a permit.(see http://www.dec.state.ny.us/website/dow/urbanlst.htm)

MS4s located outside of coverage areas are not required to obtain permit coverage but may opt to do so.

Phase II of the federal stormwater program requires that "regulated" MS4s obtain NPDES permit authorization by March 10, 2003. Failure of a regulated MS4 to obtain permit coverage could result in Clean Water Act violations and fines that are as much as $25,000 per day. In order to assist federal, state and municipal governments in complying with the federal mandate, DEC proposes to issue a "general permit" to provide coverage to regulated MS4s. MS4s which do not elect to seek coverage under the permit will be required to obtain a separate NPDES permit authorization.

Operators of MS4s will be able to gain coverage under the general permit in five business days.

Operators who elect coverage under the DEC general permit need to fill out a Notice of Intent (NOI) form and submit it to DEC. An NOI can be obtained on the web at: http://www.dec.state.ny.us/website/dow/ms4noi.pdf

Submission of the NOI constitutes notice that the regulated MS4 intends to be authorized by DECís small MS4 SPDES General Permit.

Assistance is available to individuals and MS4s seeking permit coverage. At least $3.4 million will be made available this year from the Environmental Protection Fund to help communities implement the stormwater program. A call for projects will be issued before the end of calendar year 2002.

Workshops, conferences and training sessions are being held throughout the state to explain the requirements and offer assistance in meeting them. Guidance materials are available in paper and electronic formats.

The NOI form has been designed to enable DEC to better understand and evaluate the MS4's Stormwater Management Program. DEC continues to explore ways in which to make resources available to the regulated community via the Internet that will also improve data management. For example, using GIS in a manner that will help operators accurately identify site locations will also provide DEC with an improved quality of information that is received.

Send comments to: Mr. Thomas D. Engel, New York State Dept. of Environmental Conservation, Division of Environmental Permits - 4th Floor, 625 Broadway, Albany, NY 12233-1750, e-mail: tdengel@gw.dec.state.ny.us

Questions regarding content of the general permit for MS4s should be directed to: Mr. Mike Rafferty, New York State Dept. of Environmental Conservation, Division of Water - 4th Floor, 625 Broadway, Albany, NY 12233-3505, phone: 518-402-8094,


Stormwater: Proposed MS4 Designation Criteria

Statewide - The Department of Environmental Conservation (DEC) is making available for public comment proposed criteria for designating Small Municipal Separate Storm Sewer Systems (MS4s) to be regulated under the new Phase II stormwater rule. Comments received will be used to develop final designation criteria that will be used as a basis for determining additional MS4 areas of the state that will be subject to the Phase II Stormwater Regulation promulgated by the USEPA.

DEC must include the Environmental Protection Agencyís (EPA) automatically designated areas that are required to seek coverage under the MS4 permit. The Department must also develop and apply designation criteria for regulating additional MS4s.

Environmental Protection Agency Criteria: The EPAís automatic designation criteria are based strictly on population and density. An area is automatically designated if the population is at least 50,000 and has an overall population density of at least 1,000 people per square mile based on the 1990 and/or 2000 Census. Maps showing the urbanized areas that are automatically designated are available on the DEC website. The website also contains a list of communities which are located either entirely or partially within a coverage area.

New York State Additions: EPA recommends that the Department select from population and environmental factors in designating additional MS4 areas. New York State proposes a combination of these factors. DEC proposes to designate:

DEC would also like your comments on whether coverage of MS4s should be expanded gradually until coverage is statewide. If you think it should be expanded, provide suggestions on how and at what pace.

An explanation of the proposed designation criteria is available to the internet user at www.dec.state.ny.us/website/dow/PhaseII.html. A copy of the information is also available by calling 518-402-8232.

Questions regarding content of the designation criteria should be directed to: Lois New or Leila Mitchell, New York State Dept. of Environmental Conservation, Division of Water - 4th Floor, 625 Broadway, Albany, NY 12233-3500, phone: 518-402-8233, e-mail: lanew@gw.dec.state.ny.us


Stormwater: General Permit for Construction Activity

Statewide - DEC has made available for public comment a proposed, draft general permit for stormwater discharges associated with construction activity under the State Pollutant Discharge Elimination System (SPDES). This general permit will provide permit coverage for Phase II construction activities as well as new Phase I construction activities which need a SPDES permit after the issuance of this general permit. There is further explanation below about the timing of permit coverage for Phase I construction activities.

The proposed new general permit, GP-02-01, is similar to the existing general permit, GP-93-06, and will control stormwater discharges associated with construction activity pursuant to Phase I and Phase II of the federal stormwater regulations. The proposed general permit applies to construction activities defined in 40 CFR Part 122 and certain other activities which meet the eligibility conditions contained in the permit and are not otherwise precluded from coverage. Permittees undertaking activities which qualify for the general permit and who wish to seek authorization to discharge stormwater in compliance with the Federal Clean Water Act or the State's Environmental Conservation Law may seek coverage under the general permit by submitting a Notice of Intent ("NOI").

This action continues the implementation of the Federal stormwater program defined under the National Pollutant Discharge Elimination System (NPDES) and is anticipated to have a positive impact by improving water quality. A negative declaration has been prepared pursuant to the State Environmental Quality Review Act and is on file.

Reasons For Changes:

General Permit 93-06 applies only to discharges from construction sites with disturbances greater than five (5) acres as required under Phase I of the federal stormwater regulations. The new permit (GP-02-01) will have wider application than GP-93-06, allowing for permit coverage for smaller sites as now required by Phase II of the federal stormwater program. Other changes are being proposed to streamline the permitting process, provide for site-specific solutions and enhance water quality protection.

In a separate proposal today, DEC is concurrently seeking to extend the term of GP-93-06 to August 1, 2003. The purpose of this action is to provide a transitional period for permittees which have SPDES permit coverage under GP-93-06 immediately prior to December 9, 2002, the effective date of this permit, GP-02-01. Before August 1, 2003, these activities will need to: (1) stabilize their sites in accordance with GP-93-06 and submit a Notice of Termination (NOT); and/or, if necessary, (2) gain coverage under GP-02-01 by submitting a new NOI. For new construction activities, coverage under GP-93-06 will not be available after the effective date of GP-02-01. Such discharges may be eligible for coverage under GP-02-01(see Part V.B. on page 22).

Summary of Significant Changes:

Further details are discussed below.

Phase II of the federal stormwater program requires that "small" construction activities discharging stormwater to surface waters obtain NPDES permit authorization effective March 10, 2003. The general permit that is being proposed, which will eventually replace GP-93-06, contains provisions that address both the Phase I (i.e. runoff from 1 to 5 acre disturbances), Phase II ($1 but < 5 acres) and other construction activities. whereas the availability of gp-93-06 is currently limited to phase i construction activities, the proposed replacement general permit has no similar restrictions.

The several guidance documents currently appended to GP-93-06 have been removed but reference to guidance documents will remain in the new permit. This will help to reduce confusion and decrease the size of the permit by roughly two-thirds.

The new general permit will also reference updated guidance that DEC has produced including the New York State Stormwater Management Design Manual. This manual focuses on practices and methodologies that are appropriate for locations across the State. It provides updated information that will assist construction activities to flexibly develop and implement their Stormwater Pollution Prevention Plans in compliance with the provisions of their SPDES general permit. The manual is available in both electronic and paper formats. For further information via the internet concerning this manual and other DEC documents, please use the Internet address provided at the end of this notice.

Operators of construction activities will be encouraged to adhere to DOW recommended standards. If an operator is able to attest that their activity will be consistent with these standards, they will be able to gain coverage under the general permit in 5 business days; otherwise, permit authorization will be processed within two (2) months in order to provide DEC with an opportunity to examine the project in greater detail.

The NOI form has been revised to enable DEC to better understand and evaluate the extent and nature of the construction activity that will be permitted. DEC is also exploring ways in which resources can be made available to the regulated community via the Internet that will also improve data management. For example, DEC is investigating the idea of utilizing GIS in a manner that will help operators accurately identify site locations which will also provide an improved quality of information.

The Phase II regulations also require operators of Municipal Separate Storm Sewer Systems ("MS4"s) in urbanized areas (according to the U.S. Census) and other designated MS4s to regulate the runoff from construction activities into their systems. DEC will regulate these MS4s via a SPDES permit which will require the MS4, in turn, to control construction site runoff. DEC will also be concurrently regulating these same construction activities directly via SPDES permits. To avoid the possibility for inconsistencies and minimize confusion caused by the duplication brought about by the Phase II regulations, the proposed construction general permit will reference and refer to the existing, permitted MS4 program where they exist.

Copies of the proposed general permit and other information including a synopsis of the changes in the permit are available to Internet users at: www.dec.state.ny.us/website/dow/PhaseII.html

Copies of these materials are also available by calling 518-402-8109

Send comments to: Mr. Thomas D. Engel, New York State Dept. of Environmental Conservation, Division of Environmental Permits - 4th Floor, 625 Broadway, Albany, NY 12233-1750, e-mail: tdengel@gw.dec.state.ny.us

Questions regarding content of the general permit for construction activities can be directed to either individual below: Ken Stevens, P.E., New York State Dept. of Environmental Conservation, Division of Water - 4th Floor, 625 Broadway, Albany, NY 12233-3505, phone: 518-402-8098, e-mail: kbsteven@gw.dec.state.ny.us or Dave Gasper, P.E., New York State Dept. of Environmental Conservation, Division of Water - 4th Floor, 625 Broadway, Albany, NY 12233-3505, phone: 518-402-8114, e-mail: djgasper@gw.dec.state.ny.us


Stormwater: Re-Issuance of General Permit GP-93-06

Statewide - DEC has made available for public comment a proposed, draft general permit for stormwater discharges associated with construction activity, under the State Pollutant Discharge Elimination System (SPDES).

The proposed re-issuance of the general permit, GP-93-06, will control stormwater discharges associated with construction activity pursuant to Phase I of the federal stormwater regulations. The proposed general permit applies only to construction activities defined in 40 CFR Part 122, subsection 122.6(b)(14)(x) which also meet the eligibility conditions contained in the permit and are not otherwise precluded from coverage. Permittees undertaking activities which qualify for the general permit and who wish to seek authorization to discharge stormwater in compliance with the Federal Clean Water Act may seek coverage under the general permit by submitting a completed Notice of Intent, Transfer or Termination ("NOITT") form.

This action is associated with the continued implementation of Phase I and will facilitate implementation of the impending Phase II Federal stormwater program established under the National Pollutant Discharge Elimination System (NPDES). Together, these actions are anticipated to have a positive impact by improving storm water quality.

In a separate proposal today, DEC is also seeking to issue GP-02-01 with an effective date of December 9, 2002. GP-02-01 is intended for all sizes of construction activities, including those subject to both the Phase I and Phase II federal stormwater regulations. The re-issuance of GP-93-06 in conjunction with the issuance of GP-02-01 will enable DEC to proceed with the timely implementation of the Phase II stormwater regulations on March 10, 2003 when thousands of new permittees will need to become permitted.

The purpose of this action is to provide a transitional period for Phase I permittees which have SPDES permit coverage under GP-93-06 immediately prior to December 9, 2002, the effective date of GP-02-01. These activities will need to maintain SPDES authorization until such time as their sites are stabilized in accordance with GP-93-06 and they submit an Notice of Termination. After August 1, 2003, the expiration date of todayís proposed re-issuance of GP-93-06, these activities may, if necessary, gain coverage under GP-02-01 by submitting a new NOI. For new construction activities, coverage under GP-93-06 will not be available after the effective date of GP-02-01, December 9, 2002. However, such discharges may be eligible for coverage under GP-02-01(see Part V.B. on page 22).

Reasons For Changes:

General Permit 93-06 applies only to discharges from construction sites with disturbances greater than five (5) acres. Currently, there are approximately 1,700 activities across the State which have active coverage under GP-93-06 and each activity is at a varying level of completion.

Summary of Significant Changes:

The availability of the re-issued GP-93-06 is limited to only those qualifying construction activities which are underway prior to the effective date of the new general permit for construction activities, GP-02-01, December 9, 2002.

Aside from the term and conditions over which the re-issued permit will be effective, the remaining provisions of the general permit are unchanged.

The proposed extension of the general permit, GP-93-06, will control stormwater discharges associated with construction activity pursuant to Phase I of the federal stormwater regulations. The proposed general permit applies to construction activities defined in 40 CFR Part 122, subsection 122.6(b)(14)(x) which also meet the eligibility conditions contained in the permit and are not otherwise precluded from coverage. Permittees undertaking activities which qualify for the general permit and who wish to seek authorization to discharge stormwater in compliance with the Federal Clean Water Act may seek coverage under the general permit by submitting a completed Notice of Intent, Transfer or Termination ("NOITT") form.

Copies of the proposed general permit and other information including a synopsis of the changes in the permit are available to Internet users at: www.dec.state.ny.us/website/dow/PhaseII.html.

Copies of these materials are also available by calling 518-402-8109

Send comments to: Mr. Thomas D. Engel, New York State Dept. of Environmental Conservation, Division of Environmental Permits - 4th Floor, 625 Broadway, Albany, NY 12233-1750, e-mail: tdengel@gw.dec.state.ny.us

Questions regarding content of the general permit, GP-93-06, can be directed to either individual below: Ken Stevens, P.E., New York State Dept. of Environmental Conservation, Division of Water - 4th Floor, 625 Broadway, Albany, NY 12233-3505, phone: 518-402-8098, e-mail: kbsteven@gw.dec.state.ny.us or Dave Gasper, P.E., New York State Dept. of Environmental Conservation, Division of Water - 4th Floor, 625 Broadway, Albany, NY 12233-3505, phone: 518-402-8114, e-mail: djgasper@gw.dec.state.ny.us

Notice of Emergency Adoption

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105 the NYS Department of Environmental Conservation hereby gives notice of the following:

An Emergency Adoption was filed with the Department of State and became effective September 11, 2002 to amend the following: 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200, General Provisions.

The purpose of this rule is to incorporate improvements that California has made to its vehicle emission control program relating to the phase in of light duty truck standards for vehicles 6,000 to 8,500 pounds gvw, to reduce emissions in New York State, and maintain identical light duty vehicle standards with California as required under section 177 of the Clean Air Act, to adopt California standards and test procedures for heavy duty engines, and to adopt revisions to the zero emission vehicle regulations, including an alternative compliance program.

This emergency rule will be effective for 60 days from the date of filing with the Department of State, until November 11, 2002.

Contact: Steven E. Flint, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, phone: (518 ) 402-8292 e-mail: seflint@gw.dec.state.ny.us