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Public Notice

Part 616 of 6 NYCRR
Consensus Rulemaking

The Department of Environmental Conservation has proposed to amend Part 616 of Title 6 of the New York Compilation of Codes, Rules and Regulations to correct typographical and clerical errors that occurred as a result of the prior revisions made to these regulations that govern the Department’s Freedom of Information Law (FOIL) protocols. These changes are very minor and are being proposed as a consensus rulemaking.

The Department of State’s Division of Administrative Rules has received the rulemaking package and the Notice of Proposed Rulemaking will be published in issue 29 of the State Register on July 19, 2006.

For more information about this proposal, please contact: Helene G. Goldberger at hggoldbe@gw.dec.state.ny.us or (518) 402-9010.

Public Notice

Availability for Comment on Draft TMDL/Impaired Waters Restoration Plan

This notice announces the availability of a DRAFT Total Maximum Daily Load (TMDL)/Impaired Water Restoration Plan proposed by New York State Department of Environmental Conservation to address twenty (20) specific waterbodies:

These are shellfishing waters tributary or adjacent to Peconic Bay that are impaired by pathogens. Public comment on these documents will be accepted for 30 days, through August 18, 2006.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and EPA's implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed TMDL/Impaired Water Restoration Plan for pathogens relies on current and ongoing stormwater and other nonpoint source reduction efforts such as the Peconic Estuary Program Management Conference and Comprehensive Conservation and Management Plan process to address existing water quality impairments.

INFORMATION: Copies of the proposed draft plans can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179, or via email at dmwicker@gw.dec.state.ny.us.

Notice Of Public Hearing

New York State Department Of Environmental Conservation
Proposed Revision To The 8-Hour Ozone State Implementation Plan

Notice is hereby given that the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (Department) will hold a legislative PUBLIC HEARING on the following revision to the State Implementation Plan (SIP) for 8-hour Ozone.

This revision to the 8-hour ozone SIP meets the Oxides of Nitrogen (NOx) and Volatile Organic Compound (VOC) Reasonable Available Control Technology (RACT) requirements in section 184 of the Clean Air Act Amendments of 1990 (Act) and 40 CFR §51.916.

The PUBLIC HEARING on the proposed 8-hour Ozone SIP revision will be conducted as follows:

TIME: 2:00 P.M.
PLACE: New York State Department of Environmental Conservation
625 Broadway
Room 129A
Albany, NY 12233

The PUBLIC HEARING is scheduled in a place that is reasonably accessible to persons with impaired mobility. At the hearing, the Department will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by August 10, 2006, to Laura Becker, NYSDEC, 625 Broadway, Albany NY 12233-3250; (518) 402-8451; airregs@gw.dec.state.ny.us.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration stating that the proposed action will not have a significant effect on the environment.

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revision to the 8-hour ozone SIP to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearing and oral statements made at the hearing will be given equal weight.

Written statements must be received by 5:00 p.m. on August 22, 2006, and should be sent to: Robert D. Bielawa, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone (518) 402-8396; email airsips@gw.dec.state.ny.us.

The proposed SIP revision may be obtained from Mr. Bielawa or from any of the following Department offices:

Public Notice


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


New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #5 to the Drinking Water State Revolving Fund Intended Use Plan issued September 27, 2005 was published in the June 21, 2006 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #5 closed on July 6, 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 three DWSRF projects and revise the project description for one DWSRF project listed on the Project Readiness List. A revised project description

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
(T) Highlands Orange New Storage, Upgrade WTP, New Ground Water Source, Extend Distribution System 17449 $4,748,700 $4,748,700 Revised project description to include new ground water source and extend distribution system
(V) Hoosick Falls Rensselaer Upgrade WTP, New Ground Water Source, Upgrade Distribution System 15080 $2,530,000 $6,850,000 The cost increase is the result of an update of the original project estimate by the engineer due to a determination that the new ground water source must be filtered.
(T) Schodack Rensselaer New WD#8, New Storage, Extend Distribution System, New System Consolidation 17357 $2,231,410 $3,295,940 The cost increase is the result of an update of the original project estimate by the engineer due to inflation and an increase in material costs, including a significant increase in steel prices.
(T) Newstead Erie Extend Distribution System, System Consolidation 17416 $1,400,000 $1,539,000 The cost increase is a result of an update of the original project estimate by the engineer.

The Department has determined that the revised project description and project cost increases are necessary, reasonable and consistent with the original project concept. In addition, the scope of the projects has not changed, nor have we altered the project priority rankings in any way. The project cost increases 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.