ENB Statewide Notices 3/31/2021
Public Notice
Notice of Adoption (Consensus) to Repeal 6 NYCRR § 485.1 SPDES Program Fees
Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has filed a Notice of Adoption repealing in part and amending in part 6 NYCRR § 485.1 - "Who must pay and how much." The adopted rule repeals State Pollutant Discharge Elimination (SPDES) program fees to remove inaccurate and redundant information in regulation to eliminate confusion for the regulated community. This rule making only removes the SPDES program fees from the regulations, the fees are still required pursuant to Environmental Conservation Law (ECL) § 72-0602. The rule also amends the introductory language to direct the public to the section of the ECL where the accurate SPDES fees are listed.
Notice of the proposed rule making was published in issue 33 of the State Register on August 19, 2020. The public comment period closed on October 19, 2020. No comments objecting to the consensus rule making were received.
Available Documents
Copies of the rule making documents for the adopted rule described above, along with the Express Terms (text of adopted rule), are available on the NYS DEC website at: http://www.dec.ny.gov/regulations/propregulations.html or from the contact listed below.
Authority
NYS DEC conducted the rule making proceedings pursuant to New York State Environmental Conservation Law § 72-0602
Contact: Michelle Tompkins, NYS DEC - Division of Water, 625 Broadway, Albany NY 12233-3500, Phone: (518) 402-8221, E-mail: Water.Regs@dec.ny.gov
Comment Period Extended
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 on the rule making was held March 23, 2021 via electronic webinar. Public comments will still be accepted by mail or electronic mail until April 28, 2021, see below.
Public Comment on the Proposed Rule Making
The public comment period commenced 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 or by e-mail to: WQSrulemakings@dec.ny.gov. Written statements must be submitted to the NYS DEC by 5:00 p.m. on April 28, 2021. Previous comment deadline was 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. NYS DEC 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 NYS DEC website at: https://www.dec.ny.gov/regulations/121933.html or from the contact listed 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, Albany NY 12233-3500, Phone: (518) 402-8221, E-mail: WQSrulemakings@dec.ny.gov
