ENB - REGION 1 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Proposed Technical Amendment to the LIS TMDL

In January 2001, the New York State Department of Environmental Conservation ("Department") submitted A Total Maximum Daily Load Analysis to Achieve Water Quality Standards for Dissolved Oxygen in Long Island Sound (hereafter the "LIS TMDL") to the U.S. Environmental Protection Agency. www.dec.state.ny.us/website/dow/tmdllis.pdf . The LIS TMDL was developed jointly with the Connecticut Department of Environmental Protection ("Connecticut DEP"). In April 2001, the U.S. Environmental Protection Agency ("EPA") determined that the LIS TMDL met the requirements of section 303(d) of the Clean Water Act, and EPA's implementing regulations (40 CFR Part 130) and thereby approved the LIS TMDL. EPA's Approval Letter for the LIS TMDL, (April 3, 2001).

Table 6 of the LIS TMDL identifies the sum of the New York and Connecticut Waste Load Allocations ("WLAs") from each of 11 management zones. Table 7 of the LIS TMDL contains equivalency factors that identify the relative impact of nitrogen from each zone on dissolved oxygen ("DO") conditions in Long Island Sound. Compliance with the LIS TMDL can be achieved through meeting the WLAs or through new allocations resulting in equal or greater water quality improvements, as defined by the Table 7 equivalency factors. The equivalency factors comprise river delivery factors (the amount of nitrogen discharged to a river segment that makes it the mouth of the river) and Long Island Sound transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots). In other words, allocations among facility-specific WLAs can be modified without resubmitting a revised LIS TMDL as long as the new allocations resulted in equal or greater water quality improvements, as determined by the use of the exchange ratios identified in Table 7 of the LIS TMDL document.

The Table 7 transport efficiencies were established from predictions of the "LIS 3.0" water quality model developed in the 1990s. A new model, called the Systemwide Eutrophication Model ("SWEM") has subsequently been developed. The Department recognized early on that SWEM had certain advantages over LIS 3.0 and that the SWEM should be used in the future, once accepted. See Department Response to Public Comments on the LIS TMDL, Modeling Tools on pg 10-11 and Recent/Future Monitoring on pg 24 (January 2001), www.dec.state.ny.us/website/dow/responseliss.pdf. In fact, the LIS TMDL cites the application of SWEM as one of the elements to a planned revision of the LIS TMDL. See LIS TMDL, Reassessment on pg 48 and Table 14. SWEM contains a number of technical improvements over LIS 3.0 and has since been reviewed and approved by the Long Island Sound Study for application to Long Island Sound planning and management.

In light of its subsequent approval by the Long Island Sound Study and after consultation with and without objection from Connecticut DEP, the Department hereby proposes a limited amendment to the LIS TMDL to incorporate the insights from SWEM predictions of the relationship between the DO response to nitrogen discharges from zone 8 (the upper East River Management Zone) and zone 9 (the lower East River Management Zone). This limited technical amendment would support the New York City Department of Environmental Protection's ("New York City DEP") development of a long-term nitrogen control program to attain its WLAs for zone 8 and zone 9 discharges, without compromising water quality. The technical amendment would formalize the use of SWEM ratios in meeting the allocations to those zones in advance of a more comprehensive revision of the LIS TMDL. The Department is soliciting public comment on the proposed amendment before submitting it to the EPA for review and approval.

SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0. SWEM also predicts that the ratio of the transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots) between zone 8 and zone 9 is 4:1, compared to the LIS 3.0 transport ratio of 2:1. Therefore, the Department proposes to modify the LIS TMDL Table 7 transport efficiencies for zone 8 and zone 9 to a 4:1 ratio from a 2:1 ratio. New York City DEP would comply with the LIS TMDL through meeting the WLAs or through new allocations using the updates to the Table 7 equivalency factors. This revision to the equivalency factors would only apply to reallocations between zone 8 and zone 9. Because SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0, this change places no additional burden on discharges from other zones to achieve water quality standards. The timeframe for using this amendment based on a combination of SWEM and LIS 3.0 ratios would be until the anticipated full SWEM technical update (and other technical updates) are incorporated into a complete LIS TMDL revision.

Public comment on the proposed amendment will be accepted for 30 days, through April 7, 2006. Comments should be submitted in writing to Philip O’Brien of Division of Water, 625 Broadway, Albany, NY 12233-3502, or by email at pxobrien@gw.dec.state.ny.us.


Notice of Proposed Rule making for 6 NYCRR Part 44 relating to lobsters and crabs

Pursuant to the Environmental Conservation Law Sections 13-0329 and 13-0331, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rulemaking for 6NYCRR Part 44 relating to lobsters and crabs. This notice will be published in issue 12 of the State Register, dated 3/22/2006.

For further information contact:
Kim McKown
Department of Environmental Conservation
205 North Bellemeade Road
East Setauket, NY 11733
Phone: (631) 444-0454 Email: kamckown@gw.dec.state.ny.us


Negative Declaration

Suffolk County - The Town of Huntington Town Board, as lead agency, has determined that the proposed amendment to Chapter 198 (Zoning), Article XX (Accessory Apartment), §198-146 (Exemptions) for advancing the Town’s existing “Take Back the Blocks” program. The program improves neighborhoods by transforming dilapidated properties primarily owned by absentee landlords into aesthetically pleasing, owner-occupied affordable homes with safe affordable rental units that will help meet mortgage obligations ability to rehabilitate and transform absentee landlord rental dwellings into owner-occupied homes. The proposed action waives Section 198-134 (A)(5), of Huntington Town Code for not-for-profit agencies that are participating in the program (i.e. the requirement of having a valid certificate of occupancy three (3) years prior to applying for an accessory apartment permit). The project is located in the Town of Huntington, All of District #0400 on the Suffolk County Tax Map.

Contact: Scott Robin, Department of Planning and Environment, Huntington Town Hall, 100 Main Street, Huntington NY 11743, phone: (631) 351-3196, e-mail:srobin@town.huntington.ny.us.


Suffolk County - The Inc. Village of Port Jefferson Planning Board, as lead agency, has determined that the proposed Village Vistas will not have a significant adverse environmental impact. The action involves the applicant proposing to develop the site with an attached multi-family housing community consisting of 43 attached residences and associated amenities on an 18.45-acre property. The project would situate twenty-one (21) 2-unit buildings and one (1) single-unit building on the property. A separate clubhouse with activity rooms and a pool would be provided. The site will be attractively landscaped with groundcover, foundation plantings, and trees and shrubs to enhance the site environment. The property is located on an 18.45 acre in the Single-Family Residence R-B2 District located on the east side of Liberty Avenue in the Incorporated Village of Port Jefferson, NY and is identified as Suffolk County Tax Map numbers 0206-016-08-Lots 7, 8.1, 8.2, 9, 10, 13.1, 18, 23, 24, 25 and includes part of Willoghby Street.

Contact: James Burke, Inc. Village of Port Jefferson, Planning Board, 88 North Country Road, Port Jefferson, NY 11777, phone: (631) 473-4744.