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ENB - Statewide Notices 5/1/2019

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, 13-0339, and 13-0340-e the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is filing a Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 40, Marine Fish. This new rule will increase the incidental catch limit for scup to 2,000 pounds for commercial fishers in the small-mesh net fishery from April 15 through June 15. This rule will allow commercial fishers to retain and sell scup that are inadvertently caught and killed in the small mesh squid fishery. The rule will provide economic benefit to New York State commercial fishers, prevent the waste of scup caught as bycatch, and allow New York regulations to remain consistent with federal regulations.

This notice will be published in issue 18 of the State Register, dated May 1, 2019. There will be a 60 day public comment period ending July 1, 2019.

For further information, please contact:

Gina Fanelli
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0482
E-mail: add subject: commercial scup

Round 4 of the Climate Smart Communities Grant Program Now Open

The Climate Smart Communities Grant Program provides competitive, 50/50 matching grants to municipalities to conduct climate change adaptation or mitigation implementation projects, or to undertake eligible actions as part of a strategy to achieve Climate Smart Communities certification.

Funding Available: Up to $11 million is available for grants of between $10,000 and $2,000,000 for implementation projects related to flood-risk reduction, increasing natural resiliency, extreme-event preparation, relocation or retrofit of critical infrastructure, improving emergency preparedness, reducing vehicle miles travelled (VMT), reducing food waste, reducing landfill methane leakage, and reducing hydrofluorocarbon emissions from refrigeration and other air-conditioning equipment. In addition, $700,000 is available for grants of between $10,000 and $100,000 for certification projects that advance adaptation, land use, transportation, and organic waste management planning, inventory, and assessment actions aligned with Climate Smart Communities Certification requirements. Up to five grants of between $2,500 and $9,999 will be available to municipalities of population sizes less than 40,000.

Eligible Applicants: Any county, city, town, or village of the State of New York or New York City borough is eligible to apply. A municipality need not be a Climate Smart Community to be eligible for a grant.

Request for Applications: The complete request for applications (RFA) for the Climate Smart Communities Grant Program is available at: Potential applicants must read the entire RFA for complete details on the program, including information on eligible and ineligible expenses, and application evaluation and scoring.

Applying: Apply for the Climate Smart Communities Grant Program through the New York State Consolidated Funding Application (CFA), available online at: . Hand-delivered, facsimile, mailed, or e-mailed applications will NOT be accepted. In addition to the application portal, information on other state grant opportunities, instructions for applicants, and a schedule of statewide application workshops are available at the CFA website.

Applications are due by 4:00 p.m. on July 26, 2019. Applications will NOT be accepted after this date and time.

Questions? E-mail the Office of Climate Change at:

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany NY 12233, Phone: (518) 402-8448, E-mail:

Annual Review of Ambient Air Monitoring Network

The New York State Department of Environmental Conservation (NYS DEC), Division of Air Resources operates an ambient air monitoring network for various air contaminants within New York State. As required by federal regulations, NYS DEC prepares an annual monitoring network plan, which describes in detail the specifics of the monitoring network. This plan includes an annual review of the existing monitoring network to determine the adequacy of the network and to propose any network modifications. The proposed annual monitoring network plan must be available for public review for a 30 day period prior to submittal to Unite State Environmental Protection Agency (US EPA). This notice is intended to afford interested parties the opportunity to comment on the proposed plan.

NYS DEC has reviewed the current ambient air monitoring network and is proposing to close two legacy SO2 monitors at rural locations in upstate New York. These monitors are holdovers from a national acid deposition program, and because of effective acid rain reduction policies are no longer appropriate for the low levels being detected. Additionally, NYS DEC proposes to consolidate the network by removing defunct source-oriented monitors in western New York and reducing the sampling frequency at the Wakefern Foods TSP site. NYS DEC is also planning to complete the installation of a PAMS monitoring station on the North Shore of Long Island just north of Stony Brook.

The complete network plan document can be accessed from our website for viewing and download at

Written comments on this plan should be forwarded to NYS DEC by May 31st, 2019 and addressed to: Brian Lay, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway, 11th Floor, Albany, NY 12233-3256.

Data Solicitation for 2020 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile every two years, a list of impaired waters that do not meet water quality standards, where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to the United State Environmental Protection Agency (US EPA) by April 1, 2020. To support the development of the Section 303(d) Lists, States are required to assemble and consider existing, readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2020 Section 303(d) List.

Background: Water quality assessment of New York State's waters is a continuous process. Participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged.

Every two years, corresponding to the development of the State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody or basin. This allows for a more comprehensive updating of the List. Solicited data and information may result in changes to the List or may be incorporated into water quality assessments.

In order to be included for consideration in the compiling of the 2020 CWA Section 303(d) List, data and information must be received by September 27, 2019.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet (PDF 350 KB), which may be found at: This worksheet allows for the capture of water quality information based on available data or on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific, numeric monitoring data.

Worksheet information can also be obtained by contacting: Sarah Rickard, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179. Completed WI/PWL worksheets, supporting water quality monitoring data, corresponding Quality Assurance/Quality Control (QA/QC) documentation, QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via e-mail to:

Guidance regarding the use of water quality data and information to conduct assessments and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. Additional information regarding Section 303(d) List development can be found on the NYS DEC website at:

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail:

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