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ENB - Statewide Notices 8/7/2019

Notice of Complete Application


New York State Department of Environmental Conservation (NYS DEC)

Project Description:

NYS DEC proposes to issue General Permit GP-0-19-002 (Utility Rights of Way (ROW) Vegetation Management) to authorize vegetation management of existing utility ROWs located within state regulated freshwater wetlands, regulated adjacent areas, and tidal wetlands, for the purposes of maintaining integrity of service, reliability and safety of electrical and natural gas systems.

The GP will authorize electric and gas utility companies to manage vegetation by selective pruning, mowing and cutting and the application of registered pesticides. Pesticide use will be limited to low volume foliar spray from a backpack sprayer, cut stem and/or stump treatment. Large scale use of pesticides is not authorized by this GP.

Applicable Permits:

Article 24 Freshwater Wetlands; Article 25, Tidal Wetlands and Section 401 Water Quality Certification.

Project Location:


State Environmental Quality Review:

Project is a Type I action and will not have a significant effect on the environment. A Negative Declaration is on file.

SEQR Lead Agency: NYS DEC

Opportunity for Public Comment:

The draft General Permit is available on NYS DEC's website at: Comments on this GP must be submitted in writing to: Michael Higgins, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, or at: no later than Friday, September 6, 2019, or 30 days after the publication date of this notice, whichever is later.

Contact: Kristen Cady-Poulin, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, E-mail:

Public Notice

New York State Implementation Plan Revision for Regional Haze: Second Implementation Period

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) plans to submit a Regional Haze State Implementation Plan (SIP) revision to the United State Environmental Protection Agency (US EPA). This revision evaluates progress made in implementing the measures included in New York's Regional Haze SIP that was approved by US EPA in a final rule dated August 28, 2012 (77 Federal Register 51915) and discusses additional measures that will be implemented by 2028.

Regional haze is caused by air pollutant emissions from numerous sources over a broad area, and it obscures vistas integral to the value of our parks and wilderness areas. The predominant causes of haze pollution in the Mid-Atlantic/Northeast region are sulfate and nitrate particles. The Clean Air Act (CAA) mandates actions to protect visibility, especially in Class I Federal areas. In 1999, US EPA finalized the Regional Haze Rule (64 FR 35714, 40 CFR 51.300 et seq.). The federal rule calls for state, tribal, and federal agencies to work together to improve visibility in 156 national parks and wilderness areas designated as Class I Federal areas. US EPA amended the Regional Haze Rule on December 14, 2016 (effective January 10, 2017, 82 FR 3078). The revisions streamline, strengthen, and clarify aspects of US EPA's Regional Haze Program.

States are required to develop and implement comprehensive SIP revisions every ten years to continue to reduce the pollution that causes visibility impairment. These revisions establish reasonable progress goals for visibility improvement and include strategies to reduce air pollutant emissions from sources contributing to visibility impairment.

As a member of the Mid-Atlantic/Northeast Visibility Union (MANE-VU) regional planning organization, New York State is committing to implement MANE-VU's long term strategy to improve visibility. The MANE-VU strategy for 2028 includes: running existing controls on EGUs with a capacity of 25MW or greater, performing four-factor analyses on sources within MANE-VU with the potential to contribute 3.0 inverse megameters of visibility impairment or greater at any MANE-VU Class I Area, controlling NOX from peaking combustion turbines, and implementing energy efficiency and combined heat and power when reasonable.

Pursuant to 40 CFR 51.308(i)(2), New York provided each affected Federal Land Manager (FLM) with an opportunity for consultation and to comment on the proposed SIP revision via correspondence dated February 22, 2019. Pursuant to 40 CFR 51.308(a)(2)(ii), the public can inspect a copy of comments received by affected FLMs in Appendix A of the SIP revision.

NYS DEC is now providing a 30 day period for the public to comment on the proposed revision to the Regional Haze SIP or to request a hearing. The public can inspect a copy of the proposed SIP revision by visiting the NYS DEC website at: Written comments or request for public hearing should be submitted by 5:00 PM on September 6, 2019 to: Amanda Chudow, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, or by e-mail to:

Amanda Chudow can be reached at: (518) 402-8396 with any questions regarding the proposed SIP revision.

Contact: Amanda Chudow, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail:

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) List 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, 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:

Negative Declaration

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Issuance of a General Permit for Vegetation Management in Regulated Freshwater Wetlands and Adjacent Areas in Existing Electric and Gas Utility Rights-of-Ways will not have a significant adverse environmental impact. The action involves the vegetation management within regulated Freshwater wetlands and 100 foot regulated adjacent areas of existing utility Rights-of-Ways (ROW). The management will include pruning, trimming, mowing, cutting and other approved methods of removal of trees and vegetation and the application of registered pesticides and approved surfactants to maintain integrity of service, reliability and safety of electric and gas systems. Utility ROWs including bulk transmission and distribution lines for electric (wire, border zones, and danger tree rights) and natural gas are included in this authorization. The project is located throughout New York State.

Contact: Kristen Cady-Poulin, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, E-mail:

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