ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of Adoption

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF SOLID & HAZARDOUS MATERIALS

6 NYCRR SUBPART 374-4 - STANDARDS FOR THE MANAGEMENT OF ELEMENTAL MERCURY AND DENTAL AMALGAM WASTES AT DENTAL FACILITIES AND ASSOCIATED CHANGES TO PART 364, PART 370 AND PART 371

Pursuant to Environmental Conservation Law Section 27-0926, as enacted by Chapter 506, Laws of 2002, the New York State Department of Environmental Conservation (NYSDEC) hereby gives notice of the following:

The NYSDEC has adopted regulations to add a new Subpart 374-4 and associated changes to Part 364, Part 370 and Part 371, of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York.

The rulemaking will aid in the implementation of the amendments (Chapter 506, Laws of 2002) to Title 9 of Article 27 of the Environmental Conservation Law. 6 NYCRR Part 374 is amended to add a new Subpart 374-4 which prohibits the possession and use of non-encapsulated elemental mercury in the practice of dentistry and requires recycling of elemental mercury and mercury-containing dental amalgam waste generated at a dental facility. To help maximize the recycling of mercury-containing dental amalgam waste from dental wastewater, management standards in the regulations require dental facilities to install, properly operate and maintain mercury amalgam separation and collection equipment. The regulation also specifies recycling requirements for elemental mercury and mercury-containing dental amalgam waste generated at dental facilities. 6 NYCRR Part 364 is amended to clarify that elemental mercury and amalgam wastes from dental facilities are exempt from the waste transporter permitting requirements if sent for mercury recovery. 6 NYCRR Part 370 is amended to add an "incorporation by reference" in regard to the ISO 11143 standard for dental amalgam separator equipment. 6 NYCRR Part 371 is amended to renumber Part references to reflect the addition of a new Subpart 374-4.

The amendments can be found on the Department's web site at http://www.dec.state.ny.us. To obtain additional information, please contact Peter Pettit at (518) 402-8705 or e-mail dshmwrr@gw.dec.state.ny.us.


Notice Of Adoption

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF SOLID & HAZARDOUS MATERIALS

REVISIONS TO 6 NYCRR PART 372, SUBPARTS 360-1, 360-14, 374-2, AND APPENDIX 26 RELATING TO USED OIL MANAGEMENT

Notice is hereby given that the New York State Department of Environmental Conservation (Department), pursuant to the Environmental Conservation Law, has adopted amendments to Part 372 and Subparts 360-1, 360-14, 374-2, and Appendix 26 of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York.

This adoption updates used oil regulations to implement amendments (Ch.152, Laws of 1995) to Title 23 of Article 23 of the Environmental Conservation Law and to implement provisions derived from the federal used oil regulations, 40 CFR 279, that either had not been adopted previously, or that had been added to federal regulations since the Department’s previous used oil rulemaking. The rulemaking also restructures the regulation so that management standards for all used oil facility types are in Subpart 374-2, while Subpart 360-14 has permitting requirements.

For additional information, please contact David O’Brien, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7251 or e-mail hwregs@gw.dec.state.ny.us.

The amendments can be found on the Department’s web site at www.dec.state.ny.us .


Public Notice

Proposed Designation of Bird Conservation Area

The New York State Canal Corporation is proposing designation of a new Bird Conservation Area (BCA) in accordance with Article 11 of the Environmental Conservation Law (ECL ' 11-0539 , 11-2001 and 11-2003). The BCA program provides a comprehensive, ecosystem approach to conserving birds and their habitats on state-owned lands and waters. It also provides for education and research opportunities related to birds and their habitats. Designation of the BCA will not affect existing recreational activities.

Legislative amendments to the BCA program enacted in 2002 require public notice of any proposed designations with a 30-day public comment period following publication of the notice. At this time, the Canal Corporation proposes designation of Vischer Ferry BCA as new Bird Conservation Area. Thirty one BCAs have been designated by DEC and the New York State Office of Parks, Recreation and Historic Preservation since the law was enacted in 1997.

The Vischer Ferry Bird Conservation Area is 740 acres (including underwater lands) situated at the southerly boundary of the Town of Clifton Park, Saratoga County, along the Mohawk River. The Vischer Ferry Bird Conservation Area is composed of freshwater wetland complex and open water associated with the Mohawk River, providing important marsh-bird and waterfowl habitat. In addition, the site has forested and shrub habitat that provide important migratory stopover habitat for a variety of upland birds. There are many trails throughout the area for public use. Waterfowl hunting is allowed during specified periods.

BCA Criteria met include: wading bird concentration site, migratory stopover site, and species at risk site. There are considerable numbers of breeding marsh and wading birds occurring, including sora, Virginia rail, green heron, American bittern, and least bittern (possible breeder). The site supports fall concentrations of migratory wading birds such as herons and egrets. This site also supports considerable numbers of migratory songbirds and other migrants, including: many species of warbler and flycatcher, common nighthawks, swallows, and rusty blackbirds (April). Species at Risk include state listed species such as: American bittern, least bittern (possible breeder); as well as high priority species (North American Bird Conservation Initiative) during migration: common nighthawks, rusty blackbirds.

The Canal Corporation will accept comments on the proposed BCA during a 30-day public comment period which ends April 30, 2006. Comments or questions should be addressed to Steven Sweeney, Division Canal Engineer, PO Box 308, E. Syracuse, NY, 13057; Phone (315) 438-2303, Fax (315) 461-0765, email: steve.sweeney@canals.state.ny.us

Additional information on the BCA program and other sites that have been designated can be found on the BCA website at: www.dec.state.ny.us/website/dfwmr/wildlife/bca/


Public Notice

DRINKING WATER STATE REVOLVING FUND

New York State Department of Health
Bureau of Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216
and
New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #4 to the Drinking Water State Revolving Fund Intended Use Plan issued September 27, 2005 was published in the March 1, 2006 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #4 closed on March 16, 2006. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

“The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 27, 2005 to adjust the estimated project cost for one DWSRF project listed on the Project Readiness List. A project description and explanation of the reason for the cost increase are included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
(T) Beekmantown Clinton Extend system to serve area with private contaminated wells, consolidate public water supply, eliminate public water supply with past total coliform detection 17148 $603,630 $779,000 The cost increase is the result of an update of the original project estimate by the engineer. It is attributed to inflation and an increase in material costs, including a significant increase in steel prices since the original project estimate.

The Department has determined that the project cost increase is necessary, reasonable and consistent with the original project concept. In addition, the scope of the project has not changed, nor have we altered the project priority rankings in any way. The project cost increase will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted change, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings.”

The revised Project Readiness List may be obtained by calling DOH’s toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.


Notice of Public Comment Period

Proposed New York City Watershed Croton Reservoir System Phase II Phosphorus Total Maximum Daily Load Non-Point Source Implementation Plan.

This Implementation Plan outlines tasks to reduce non-point sources of phosphorus in the Croton watershed. The New York State Department of Environmental Conservation has prepared this plan in accordance with the January 1997 NYC Watershed Memorandum of Agreement and Section 303(d) of the Clean Water Act. The goal of this plan is to reduce the phosphorus concentration in the eight reservoirs listed in the Phase II Phosphorus TMDL as needing further phosphorus reduction than will be achieved by the wastewater treatment plant upgrades required by the NYC Watershed Rules and Regulations. The eight reservoirs are named the Amawalk, Croton Falls, Diverting, East Branch, Middle Branch, Muscoot, New Croton and Titicus. Eighteen towns/villages in Dutchess, Putnam and Westchester Counties are involved.

A substantial part of this plan relies on the stormwater management plans that municipal separate storm sewer system operators are developing pursuant to State Pollutant Discharge Elimination System General Permit (GP-02-02). This permit now applies to each municipality within the East of Hudson portion of the New York City watershed, which includes the entire Croton watershed. This plan also relies on non-point source projects selected by Putnam and Westchester and the New York City Department of Environmental Protection and supported by the NYCDEP East-of -Hudson Water Quality Investment Fund. In addition, the plan includes tasks to reduce phosphorus from agriculture, sanitary collection systems, fertilizer use and other phosphorus source controls.

Over the past several months, the plan has been presented to municipal officials and other primary stakeholders. Comments received from these groups are being considered. To fully complete the review process, additional comments are being sought through this announcement.

Accessing Documents - A copy of the proposed "NYC Watershed Croton Reservoir System Phase II Phosphorus TMDL Non-point Source Implementation Plan" can be requested by contacting Peter Freehafer by telephone at 518-402-8272 or by e-mail at pbfreeha@gw.dec.state.ny.us

Public Comment - The Department is soliciting comments on this proposed plan from individuals involved or interested in the Croton watershed area. The comment period runs until April 20, 2006.

Please send all comments to Peter Freehafer at pbfreeha@gw.dec.state.ny.us or NYS Department of Environmental Conservation, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3502.


Notice of Public Comment Period

Proposed Heightened Permit Requirements For MS4s In The East Of Hudson Watershed

The Department (DEC) has developed heightened requirements for the owners of regulated municipal separate storm sewer systems (MS4s) in the East of Hudson Watershed that, if the MS4s implement as part of their Storm Water Management Program (SWMP), they will be presumed to be in compliance with the Total Maximum Daily Load (TMDL) Strategy requirements in Part III.B.2 of the MS4 State Pollutant Discharge Elimination System (SPDES) General Permit (GP-02-02). Part III.B.2 requires an MS4 with discharges to an approved TMDL waterbody, that is not meeting the TMDL stormwater (load) allocations, to modify its SWMP to ensure that the reduction of the pollutant of concern specified in the TMDL is achieved. The permit requires that modifications to the SWMP be considered for each of the six minimum measures.

To assist in the development of the heightened requirements, the DEC hired the nationally recognized experts in stormwater, the Center For Watershed Protection (CWP). The CWP assessed existing local programs to determine how stormwater runoff is being addressed within the East of Hudson Watershed, they evaluated the DEC’s statewide Phase II MS4 Stormwater program, and provided recommendations to the DEC on how it could further its Phase II program within the East of Hudson Watershed.

The DEC also used recommendations included in the "Recommendations To The New York State Department of Environmental Conservation for The Development Of Its Phase II TMDL Implementation Plan" report prepared by the Watershed Protection and Partnership Council Technical Advisory Committee, dated March 24, 2004, to develop the heightened permit requirements.

Over the past several months, the heightened requirements have been presented to municipal officials and other primary stakeholders. Comments received from these groups are being considered. To fully complete the review process, additional comments are being sought through this announcement.

Accessing Documents - A copy of the "Proposed Heightened Permit Requirements For MS4s In The East Of Hudson Watershed" can be requested by contacting David Gasper, P.E. by telephone at 518-402-8114 or by e-mail at djgasper@gw.dec.state.ny.us

Public Comment - The Department is soliciting comments on the documents from individuals involved or interested in the MS4's in the East of Hudson Watershed. The comment period runs until April 20, 2006.

Please send all comments to David Gasper, P.E. at djgasper@gw.dec.state.ny.us or NYS Department of Environmental Conservation, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505.


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.