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New Hearing Notices for ENB Issue 1/20/2021

New Permit Hearing Notices for January 20, 2021: None


New Rulemaking Hearing Notices for January 20, 2021: One

Notice of Proposed Rule Making - Amendments to 6 NYCRR § 703.4 - Application of Site-Specific Criteria to Class I & Class SD Waters

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Proposed Rule Making with the New York State Department of State on January 5, 2021 to amend 6 NYCRR § 703.4, titled "Application of Site-Specific Criteria to Class I & Class SD Waters." The proposed rule making amends 6 NYCRR § 703.4 to add site-specific criteria to select Class I and Class SD waterbodies. The new criteria use enterococcus as a fecal indicator bacteria and memorialize attainment goals for the City of New York's combined sewer overflow (CSO) abatement efforts.

Public Hearing Time and Location

A public comment hearing webinar for the proposed rule will be held on March 23, 2021 at 2:00 p.m. before Administrative Law Judge (ALJ) Molly T. McBride via electronic webinar as follows and, accordingly, are reasonably accessible to persons with impaired mobility.

Instructions on how to "join" the hearing webinar and provide an oral statement will be posted on NYS DEC's events calendar and proposed regulations webpage by Wednesday, January 20, 2021. NYS DEC's events calendar may be accessed at: https://www.dec.ny.gov/calendar/. The proposed regulations webpage for 6 NYCRR § 703.4 may be accessed at: https://www.dec.ny.gov/regulations/121933.html.

Public Comment on the Proposed Rule Making

The public comment period commences on January 20, 2021. Written statements may be submitted to: Michelle Tompkins, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3500, E-mail: WQSrulemakings@dec.ny.gov Written statements must be submitted to the NYS DEC by 5:00 p.m. on March 29, 2021.

Environmental and Regulatory Impact Review

NYS DEC has determined that the proposed rule making will not have a significant adverse environmental impact. NYSDEC has prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for small businesses and local governments, a Rural Area Flexibility Analysis and a Job Impact Statement, in accordance with the State Administrative Procedure Act.

Available Documents

Copies of the documents for the proposed rule making described above, along with the Express Terms (text of proposed rule), are available on the NYSDEC website at: https://www.dec.ny.gov/regulations/121933.html or by contacting the NYSDEC (see below).

Authority

NYS DEC is conducting the rule making proceedings, including the above-mentioned public hearing, pursuant to § 3-0301(2)(a) and § 17-0301(5)(c) of the New York State Environmental Conservation Law.

Contact: Michelle Tompkins, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3500, E-mail: WQSrulemakings@dec.ny.gov



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