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ENB Statewide Notices 4/7/2021

Public Notice

Notice of Availability of Draft Division of Materials Management (DMM) Program Policy on Waivers for 1,4 Dioxane Restrictions: DMM-2 Guidelines for Waiver Process per ECL 35-0105(6) and ECL 37-0117(7)

The New York State Department of Environmental Conservation (NYS DEC) has published the draft DMM Program Policy: Guidelines for Waiver Process per ECL 35-0105(6) and ECL 37-0117(7) (DMM-2) for public review and comment.


In 2019 the Legislature enacted amendments to sections 35-0105 and 37-0117 of the Environmental Conservation Law to establish maximum concentrations of 1,4-dioxane that can be present in household cleansing, personal care, and cosmetic products as of December 31, 2022. Further, ECL 35-0105(6) and 37-0117(7) allow manufacturers of such products to apply for a waiver of such requirements for a year, up to two times. This policy provides the process for manufacturers to submit a waiver request and clarifies the proof NYS DEC will require for the manufacturer to demonstrate that it has taken steps to reduce the presence of 1,4-dioxane in their product or products and is still unable to comply with the statutory limits such that NYS DEC can grant a waiver. The draft Program Policy is available on NYS DEC's website at Written comments on the draft Program Policy may be submitted until 5:00 p.m. May 7, 2021.

Contact: Emily Dominiak, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7252, Phone: (518) 402-8706, E-mail:

Availability for Comment On Draft Cayuga Lake Total Maximum Daily Load (TMDL)

This notice announces the availability of a Draft Cayuga Lake TMDL for phosphorus proposed by New York State Department of Environmental Conservation (NYS DEC) to address water quality impairment at the southern end of Cayuga Lake and protect the drinking water quality for the entire lake.

Public comment on this document will be accepted through May 24, 2021.


Cayuga Lake - The Southern End segment is impaired for phosphorus and NYS DEC is required by Section 303(d) of the Clean Water Act and the United States Environmental Protection Agency's (US EPA) implementing regulations (40 CFR Part 130) to prepare a TMDL for that segment. The Draft Cayuga Lake TMDL specifies the allowable total phosphorus loading from all contributing sources (i.e., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards. A whole watershed approach was taken to develop this TMDL even though the lake is divided into four regulatory segments. The water quality of each lake segment is influenced by direct phosphorus inputs and circulation and mixing with other lake segments. The goal of the whole watershed approach is to achieve attainment of water quality standards in the impaired Southern End segment and to protect the other Cayuga Lake segments designated best uses. The Cayuga Lake watershed is within the Great Lakes Basin and covers six counties (Cayuga, Tompkins, Seneca, Schuyler, Tioga and Cortland).


The Draft Cayuga Lake TMDL can be found on the NYS DEC website at:

Comments can be mailed or e-mailed to the contact listed below by the close of business May 24, 2021.

Contact: Karen Stainbrook, NYS DEC - Division of Water, Bureau of Water Resource Management, 625 Broadway, 4th Floor, Albany, NY 12233-3508, E-mail:

Notice of Acceptance of Final GEIS

Statewide - The New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP), as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Adoption and Implementation of the Statewide Greenway Trails Plan/GEIS. The Final EIS is available from the contact listed below and on line at:

The action involves the preparation of a plan for a comprehensive statewide system of non-motorized, multi-use trails (Greenway Trails) as directed by legislation signed in November 2019. The Statewide Greenway Trails Plan identifies trail user types, addresses trail trends and issues, and discusses the benefits of trails. The Plan compiles a GIS inventory of existing and proposed shared-use trails across the state and provides a vision, goals, and recommendations to guide future planning and development of Greenway Trails in New York. Potential environmental impacts associated with adoption and implementation of the plan, as well as mitigation measures that could be taken to reduce potential impacts, are included as a part of the Plan which, in its entirety, constitutes a Final Generic Environmental Impact Statement. A public hearing for the Plan was held on January 6, 2021 and public comment was collected through January 18, 2021. The Final GEIS Chapter 10 contains comments and responses collected during the public hearing and comment period. Agencies and the public are afforded the opportunity to consider the Final GEIS; this consideration period ends on April 18, 2021. The project is located throughout New York State.

Contact: Christopher Morris, NYS OPRHP, 625 Broadway, Albany, NY 12238, Phone: (518) 474-0409, E-mail:

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