ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Comment Period

New York State Thruway Authority and New York State Canal Corporation Announce Public Review Period for Draft Annual Report for GP-02-02

This notice announces the availability of the Draft Annual Reports prepared by the New York State Thruway Authority (NYSTA) and New York State Canal Corporation (NYSCC) pursuant to the New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-02-02. The Draft Annual Report documents activities related to the NYSTA’s and NYSCC’s Stormwater Management Program during the Reporting Period of March 10, 2005 to March 9, 2006. The NYSTA and NYSCC are making this draft document available for public comment for a period of 30 days, ending May 3, 2006. Interested parties may provide their comments to the NYSTA and NYSCC via e-mail, phone, or mail to be considered in finalizing the document.

Background: SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), GP-02-02, requires that agencies or municipalities identified as Regulated Small MS4s must develop a Stormwater Management Program to address six Minimum Control Measures. This public notice serves to comply with the NYSTA’s and NYSCC’s “Public Involvement/Participation” Minimum Control Measure.

Information: The Draft Annual Report is available online during the comment period at: http://www.thruway.state.ny.us/about/ms4/index.html Hardcopies of the NYSTA and NYSCC Draft Annual Reports are also available for review at the following locations:

New York Division
Contact: Michael Wetzel
4 Executive Blvd.
Suffern, NY 10901
845-918-2526

Syracuse Division
Contact: Kurt Weiskotten
Suite 250 2nd Floor
Liverpool, NY 13088-2104
315-438-2393

Albany Division
Contact: Robert Romeo
270 Mount Hope Drive
Albany, NY 12209
518-436-3006

Buffalo Division
Contact: Tom Moore
455 Cayuga Road
Suite 800
Cheektowaga, NY 14225-1309
716-635-6291

Email comments to:
Thruway: ms4artwy@thruway.state.ny.us
Canal: ms4arcanals@thruway.state.ny.us

Mail comments to:
New York State Thruway Authority
Environmental Services Bureau
Attention: Elizabeth K. Novak
200 Southern Blvd.
Albany, NY 12209

Phone:
Elizabeth K. Novak
(518) 471-5926


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.