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Public Notice of Document Availability

The New York State Department of Environmental Conservation (NYSDEC) is making available the Division of Water Technical and Operational Guidance Series (TOGS) No. 5.1.9, entitled In-Water and Riparian Management of Sediment and Dredge Material. The Draft TOGS was made available for public comment by announcing in the ENB on March 5th, 2003. A number of comments were received and a responsiveness summary was written. The primary purpose of this TOGS is to update and consolidate procedures for the in-water and riparian management of sediment and dredged material. The document outlines recommended procedures to be followed during dredging and dredge material management in riparian or in-water locations. This is a joint document developed by the Division of Water and the Division of Fish, Wildlife and Marine Resources (hereafter referred to as "Divisions"). This document supersedes the NYSDEC Interim Guidance for Freshwater Navigational Dredging - 1994.

The Divisions pursued the development of this TOGS in order to provide staff with guidance on the statutory and regulatory requirements for dredging activities and to promote uniformity in the management of dredge material throughout the state. This document applies to dredging and in-water (or riparian) management of dredged material. For the purposes of this document the term dredging includes all in-water activities designed to move or remove sediment. Examples of such activities include but are not limited to mechanical and hydraulic dredging, mechanical plowing, trenching and jetting. Upland management of dredge material is not covered by this document. In regard to upland management, dredge material is considered a solid waste under 6 NYCRR Part 360, unless upland management/disposal is included under one of a number of specific permits as described in 6 NYCRR Part 360-1.2(a)(4)(ix). Beneficial use of dredge material as fill material, aggregate, or for other purposes may offer an alternative to in-water, riparian, or upland management of dredge material. NYSDEC Regional Solid Waste Engineers may be contacted concerning petitions for a beneficial use determination (BUD). Regulations covering BUDís in New York State appear under 6 NYCRR Part 360-1.15.

This TOGS is offered as a clear approach to environmental review of navigational dredging projects, dredging of channels and berths, dredging of ponds, trenching for pipelines and cables, and other incidental dredging in both marine and fresh waters of the state. This TOGS is not applicable to the review of dredging for industrial lagoons or dredging conducted for remediation or clean-up of sites managed by the Division of Environmental Remediation (DER) or Resource, Conservation, and Recovery Act (RCRA) corrective action sites. It should be noted that this TOGS is not intended to create any substantive or procedural rights, enforceable by any party in administrative or judicial litigation with the State of New York. While this TOGS contains numerical assessment criteria, it is not law or regulation. Discretion in applying the sediment quality parameters and the associated best management practices is expected and is defensible so long as human health and the environment are effectively protected. The Divisions also reserve the right to modify this TOGS anytime subject to applicable laws, regulations and updated scientific information. This document can be found on the web site at www.dec.state.ny.us/website/dow/togs . Paper copies of the TOGS are available for a cost of $21.50 from Sara Rickard in the Division of Water at phone: (518) 402-8216.

Notice Of Public Hearings

PROPOSED AMENDMENTS TO 6 NYCRR PARTS 364, 370, 371, 372, 373-1,
373-2, 373-3, 373-4, 374-1, 374-2, 374-3, and 376

Notice is hereby given that the New York State Department of Environmental Conservation (Department), pursuant to the Environmental Conservation Law, will hold a legislative public hearing on the Departmentís proposal to amend Parts 364, 370, 371, 372, 373-1, 373-2, 373-3, 373-4, 374-1, 374-2, 374-3, and 376 of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York.

The rulemaking will address amendments to 6 NYCRR Part 364 (Waste Transporter Permits) and the Part 370 Series (Hazardous Waste Management Regulations) to reflect the Departmentís efforts to incorporate federal rules promulgated between October 20, 1999 and January 22, 2002 into the New York State Department of Environmental Conservation (NYSDEC) Hazardous Waste Management Regulations. In addition, typographical errors and inconsistencies discovered in the current regulations are corrected.

Summary of Proposed Rulemaking and Statutory Authority: Article 3, Title 3; Article 27, Titles 7 and 9; Article 70; and Article 71, Titles 27 and 35 of the Environmental Conservation Law (ECL) authorize this regulatory package. The Department is authorized to promulgate regulations and standards applicable to the generation, storage, transportation, treatment and disposal of hazardous waste, as necessary to protect human health and the environment. By statute (ECL Section 27-0900), these regulations and standards must be at least as stringent as those established by the United States Environmental Protection Agency (USEPA) under authority of the Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA) (42 USC Sections 6901 et seq.). On May 29, 1986, the USEPA granted New York final base authorization to administer and enforce the Department's July 14, 1985 regulations in lieu of the equivalent federal regulations (51 FR 17737). In order to maintain this authorization, the Department must continually amend the hazardous waste regulations to be consistent with and at least as stringent as the USEPA's amendments to the federal hazardous waste management regulations pursuant to Section3006 of RCRA and HSWA. The Department is required to adopt new and amended federal regulations in a timely manner to maintain USEPA's authorization of New York State's comprehensive hazardous waste management program.

One legislative public hearing will be held as follows:

Date Time Location
March 2, 2005 2:00 p.m. NYSDEC
Room 129 A/B
625 Broadway
Albany, New York 12233

This hearing location is accessible to handicapped persons. Interpreter services shall be made available to deaf persons at no charge, upon written request within a reasonable time period prior to the scheduled hearing.

All persons, organizations, corporations, government agencies, etc. which may be affected by the proposed amendments are invited to attend the hearings and to submit either written or oral statements. The hearing session will continue until all persons wishing to make statements have been heard. Written statements received prior to or during each hearing session and oral statements made at each hearing session will be given equal weight. It is recommended that all statements be submitted in writing.

Written statements may be filed until close of business March 8, 2005 with Denise Prunier, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7250, and can be faxed to Ms. Prunier at 518-402-9024, or e-mailed to hwregs@gw.dec.state.ny.us.

The proposed amendments can be found on the Departmentís web site at www.dec.state.ny.us under the Division of Solid & Hazardous Materials. To obtain additional information, please contact Denise Prunier at (518) 402-8730.

Invasive Species Task Force Meeting # 4

The fourth meeting of the Invasive Species Task Force (ISTF) will convene from 11:00 to 5:00 on January 20th at the Brooklyn Botanic Garden in New York City. The ISTF is a seventeen-member task force which is charged with assessing the problems associated with invasive species throughout New York State and reporting both findings and recommendations to Governor Pataki and the Legislature by November 2005. The ISTF was created by legislation signed by Governor Pataki in July 2003.

The agenda will include: a discussion of how invasive species are managed at the Port of New York; a description of the Brooklyn Botanic Gardenís invasive species policies and practices; a presentation about the Asian Longhorn Beetle; discussions of the St. Louis Voluntary Codes of Conduct for the nursery and landscape industry and the Environmental Law Instituteís model invasive species law; a progress report from the ISTF Steering Committee; and, weather permitting, field visits to sites of active restoration projects nearby.

Contact: Lynette Stark
New York State Department of Environmental Conservation
(518) 402-8560

Rick Zimmerman
New York State Department of Agriculture and Markets
(518) 457-0752