ENB Statewide Notices 5/12/2021
Public Notice
Pursuant to the Environmental Conservation Law sections 11-0303, 11-1521, 13-0105, 13-0339, and 13-0347, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:
On April 21, 2021, NYS DEC filed a Notice of Emergency Adoption and Revised Rulemaking with the New York Department of State to amend 6 NYCRR Part 10, Sportfishing Regulations; Part 19, Use of Bait, Fish for Bait, and Bait Fish; and Part 40, Marine Fish. The rule requires the use of circle hooks while recreationally fishing for striped bass when using any marine or aquatic organism or terrestrial invertebrate, live or dead, whole or parts thereof. Circle hooks are not required when fishing with an artificial lure, whether or not they are tipped with bait as previously defined.
There are no mandates for local governments.
This notice will be published in issue 19 of the State Register, dated May 12, 2021.
For further information, please contact:
Carol Hoffman
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0476
E-mail: FW.Marine@dec.ny.gov
Subject: Striped Bass
Notice of Proposed Rulemaking - 6 NYCRR Part 203 Oil and Natural Gas Sector
Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Proposed Rulemaking with the New York State Department of State to propose a new 6 NYCRR Part 203, "Oil and Natural Gas Sector." The primary need for this rulemaking is to protect the health and welfare of New York residents and resources by: 1) reducing methane, a greenhouse gas, in support of the goals of the Climate Leadership and Community Protection Act, 2) reducing associated volatile organic compounds, an ozone precursor, and 3) fulfilling the requirements of the United States Environmental Protection Agency's (US EPA) 2016 Control Techniques Guidelines for the oil and gas industry. Attendant revisions are also being made to 6 NYCRR Part 200, "General Provisions." This is not a mandate on local governments. It applies to any entity that owns or operates a subject source in the oil and natural gas sector. Further, NYS DEC proposes to submit Part 203 to the US EPA as a revision to the State Implementation Plan (SIP) for New York State.
The Notice of Proposed Rulemaking is available in the May 12, 2021 issue of the State Register. Written public comments will be accepted by the NYS DEC through 5:00 p.m. July 26, 2021.
Availability of Documents for Review:
Information concerning the proposed rulemaking, and supporting rulemaking documents can be accessed from NYS DEC's rulemaking web site at: https://www.dec.ny.gov/regulations/propregulations.html#public.
These documents may also be inspected at NYS DEC, 625 Broadway, Albany, NY 12233. Please call Ona Papageorgiou for an appointment at (518) 402-8396 or email at: air.regs@dec.ny.gov
Written Comments:
The public is invited to submit written comments on the proposed rulemaking through 5:00 p.m. July 26, 2021. Written comments can be submitted as follows:
- By email to air.regs@dec.ny.gov Please include "Comments on Proposed Part 203" in the subject line of the email; or
- By mail to the NYS DEC - Division of Air, 625 Broadway, Albany, NY 12233-3250, attention: Ona Papageorgiou.
Requests for information related to the SIP revision may be obtained from Robert D. Bielawa, NYS DEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov Written comments on the SIP revision may be submitted to Mr. Bielawa until 5:00 p.m. on July 26, 2021.
Public Comment Hearing:
Public comment hearing webinars for the proposed rule will be held before an Administrative Law Judge (ALJ) via electronic webinar as follows. The electronic webinar format is reasonably accessible to persons with impaired mobility:
Date: July 20, 2021
Time: 2:00 p.m. and 6:00 p.m.
Location: via electronic webinar
Instructions on how to "join" the hearing webinar, how to provide an oral statement, and how to register for the webinar may be accessed at the proposed regulations webpage for Part 203 at: https://www.dec.ny.gov/regulations/propregulations.html.
Persons who wish to receive the instructions by mail or telephone may call NYS DEC at (518) 402-9003. Please provide your first and last name, address, and telephone number and reference the Part 203 public comment hearing.
NYS DEC will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge upon written request submitted no later than June 29, 2021. The written request must be addressed to ALJ Lara Q. Olivieri, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Olivieri at ohms@dec.ny.gov
Contact: Ona Papageorgiou, NYS DEC - Division of Air, 625 Broadway, Albany, NY 12233-3250, E-mail: air.regs@dec.ny.gov
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 the 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 the United 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 remove monitors for SO2 from the Loudonville, Millbrook, Mt Ninham, East Syracuse and Dunkirk sites due to lower ambient concentrations and the closure of many upwind sources of SO2. Additionally, continuous Sulfate monitoring will be discontinued at the Pinnacle site. SO2 monitors will be maintained in the larger cities, the NCore sites and in the Adirondacks. The NYS DEC also plans to consolidate continuous PM2.5 monitors to where they can be collocated with Federal Reference Method filter based technology. Additionally, the NYS DEC proposes to reduce filter-based sampling to 1-in-6 day at Buffalo, Buffalo Near Road, East Syracuse, Rochester, Rochester near Road, Albany, Pinnacle, IS52, and Queens Near Road.
The complete network plan document can be accessed from our website for viewing and download at https://www.dec.ny.gov/chemical/33276.html.
Written comments on this plan should be forwarded to NYS DEC by June 11th, 2021 and addressed to: Brian Lay, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway, 11th Floor, Albany, NY 12233-3256.
Contact: Brian Lay, NYS DEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway, 11th Floor, Albany, NY 12233-3256.
Notice of Public Meeting on Toxic Chemicals in Children's Products Law
New York State Department of Environmental Conservation (NYS DEC) is holding a virtual public meeting to present topics that will be addressed in a forthcoming rule to implement a law enacting ingredient disclosure requirements for children's products (ECL Article 37 Title 9). NYS DEC will present topics that will be addressed in the forthcoming rule, including details on how to report, how to apply for waivers from reporting and the sales prohibition, the structure of the fees, and how the chemical of concern and high priority chemical lists will be developed. There will be time for stakeholders to discuss the information presented.
Date: Wednesday, May, 26, 2021
Time: 1:00 pm EST
Location: Webex
You must register to attend this virtual public meeting. Information about the law, the meeting, and how to register are available on NYS DEC's website.
Contact: Emily Dominiak, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7252, Phone: (518) 402-8706.
New York State Green Procurement Program
Notice of Availability of the 2021 Tentatively Approved Specifications.
This notice announces the availability of twenty-one draft tentatively approved new specifications on:
Appliances and Commercial Kitchen Equipment (includes):
- Air Purifiers
- Commercial Coffee Brewers
- Commercial Dishwashers
- Commercial Hot Food Holding Cabinets
- Commercial Griddles
- Commercial Fryers
- Commercial Ice Machines
- Commercial Ovens
- Commercial Refrigerators and Freezers
- Commercial Steam Cookers
- Dehumidifiers
- Residential Clothes Dryers
- Residential Dishwashers
- Residential Freezers
- Residential Refrigerators
- Cookware and Bakeware
- Foam Insulation
- General Purpose Cleaners
- Hand Cleaners, Hand Soaps, Consumer Antiseptic Hand Washes and Hand Rubs, and Personal Care Cleansing Products
- Lower Carbon Concrete
- Refrigerant Containing Equipment
All twenty-one specifications were tentatively approved by the Interagency Committee on Sustainability and Green Procurement (Committee), co-chaired by the Commissioners of the Office of General Services (NYS OGS) and the NYS DEC, on April 22, 2021. Public comment on the draft specifications will be accepted until Friday, August 27th.
Background:
The State Green Procurement and Agency Sustainability program was established by Executive Order No. 4 in 2008 and continued by Governor Andrew M. Cuomo in 2011. The Order created an Interagency Committee on Sustainability and Green Procurement and charged it with several tasks, including the development of green product specifications for priority categories of commodities, services and technology. The specifications identify product criteria that will:
- Reduce or eliminate the use or release of toxic substances;
- Minimize the discharge of pollutants into the environment;
- Minimize the volume and toxicity of packaging;
- Maximize the use of recycled content and sustainably managed renewable resources; and
- Provide other environmental and health benefits.
Once a specification receives final approval, State agencies, authorities, and other entities covered by the Order are required to purchase commodities, services and technology that meet the criteria established in it.
Information:
Copies of the Draft 2021 Tentatively Approved Specifications are available on the Office of General Services (OGS) GreenNY web page at https://ogs.ny.gov/greenny/executive-order-4-tentatively-approved-specifications. Copies of the specifications can also be obtained by contacting Brendan Woodruff, NYS DEC - Executive Division, 625 Broadway, 14th Floor, Albany, NY 12233-1010, or by phone at (518) 402-9159. An electronic version of these documents can also be requested by an e-mail to GreenEO4@ogs.ny.gov.
Public comments regarding the specifications may be submitted electronically to: GreenEO4@ogs.ny.gov or Brendan Woodruff at the above address.
If no suggested edits or negative comments are received on a draft specification by Friday, August 27th, that specification will be considered approved and posted as such. If suggested edits or negative comments are received on a draft specification, the next time the Committee meets after such date, public comments will be reviewed, the Committee will make any needed edits, and if a majority of the Committee votes affirmatively for final approval, the specification or amended specification will be posted as "approved."
Contact: Brendan Woodruff, NYS DEC - Executive Division, 625 Broadway, 14th Floor, Albany, NY 12233-1010; phone: (518) 402-9159; E-mail GreenEO4@ogs.ny.gov
New York State Department of Environmental Conservation (NYS DEC) Is extending the Availability for Comment on Draft Cayuga Lake Total Maximum Daily Load (TMDL)
This notice announces the extension of availability of a DRAFT Cayuga Lake TMDL 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 now be accepted through July 8, 2021.
Background:
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 S. 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 TP 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.
Information: The Draft Cayuga Lake TMDL can be found on the NYS DEC website at: https://www.dec.ny.gov/chemical/23835.html.
Comments can be mailed or e-mailed to the contact listed below by the close of business July 8, 2021.
Contact: Karen Stainbrook, NYS DEC - Division of Water, Bureau of Water Resource Management, 625 Broadway, 4th Floor, Albany, NY 12233-3508, E-mail: waterlog@dec.ny.gov
Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Drinking Water State Revolving Fund (DWSRF)
The New York State Environmental Facilities Corporation (NYS EFC), the New York State Department of Environmental Conservation (NYS DEC) and the New York State Department of Health (NYSDOH) are pleased to announce the availability of funds in support of CWSRF and the DWSRF eligible projects for Federal Fiscal Year (FFY) 2022 (the "IUP period"). The CWSRF and DWSRF programs are available to municipalities and certain non-municipal entities in New York State to finance water quality and drinking water related projects. Eligible projects that have submitted required items by the deadline will be listed in the CWSRF and DWSRF 2022 Draft IUPs.
New project listing forms and project updates will be accepted through Friday, July 16, 2021 for projects that are interested in receiving CWSRF and DWSRF funding during the 2022 Intended Use Plan (IUP) period (10/1/2021 - 9/30/2022).
NYS EFC anticipates the CWSRF program will be able to provide approximately $580 million in interest-free or low-interest rate financing and additional subsidy (grant or principal forgiveness) for clean water project costs during the 2022 IUP period.
NYS DOH anticipates the DWSRF program will be able to provide approximately $344 million in interest-free or low-interest rate financing and additional subsidy for drinking water project costs during the 2022 IUP period.
Eligible entities seeking CWSRF or DWSRF financing in the 2022 IUP period must:
- For CWSRF, list or update their project using the Project Listing and Update System (PLUS), available at: https://plus.efc.ny.gov/plus/,
- For DWSRF, submit a project listing form;
- submit an approvable engineering report consistent with the Engineering Report Outline on NYS EFC's website at www.efc.ny.gov; and
- submit a completed Smart Growth Assessment Form.
These items must be submitted to EFC (for CWSRF) or DOH (for DWSRF) no later than Friday, July 16, 2021 to have a project listed on the Annual List in the 2022 IUP and be eligible for financing in the 2022 IUP Period. If these items are not received prior to July 16, 2021, the project will not be listed in the IUP. Projects will not be added to the IUPs between the Draft and Final IUP.
Projects that were listed on the 2021 CWSRF IUP and are required to provide project updates must submit the updates using PLUS to receive funding in the 2022 IUP period. Municipalities have been notified if their projects must submit an update, and all updates must be submitted no later than Friday, July 16, 2021.
Eligible Projects:
CWSRF - Municipal water pollution control projects eligible for interest-free or low-interest rate financing and additional subsidy under Section 212 of the Clean Water Act (CWA) include, but are not limited to: wastewater treatment facilities, pumping stations and sewers, combined sewer overflow abatement; stormwater pollution abatement; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality.
Municipal and non-municipal entities are eligible for CWSRF interest-free or low-interest rate financing and additional subsidy for non-point source projects that protect water quality under CWA Section 319 or implement an approved National Estuary Plan under CWA Section 320. Projects include, but are not limited to: green infrastructure; landfill leachate collection, storage and treatment; stormwater management facilities and equipment; wetland and waterbody restoration; deficient or failing decentralized septic systems; or other non-point source projects to maintain, protect or improve water quality under Section 319.
DWSRF - Municipally-owned and privately-owned community water systems and non-profit, non-community water systems may be eligible for DWSRF subsidized financing or additional subsidy. Projects eligible for DWSRF financing include: construction, rehabilitation, and upgrading of water treatment plants; transmission and distribution mains; storage facilities; pump stations; rehabilitation or development of new drinking water sources; consolidation of water supply services; and capital investments to improve security of drinking water systems.
WEBINAR:
NYS EFC and NYS DOH will host a one-hour webinar about the State Revolving Funds on Tuesday, May 25 at 10:00 a.m. and Wednesday, June 16 at 2:00 pm. These events will present an overview of the CWSRF and DWSRF programs and provide an opportunity to answer participant questions. A notice about the webinars will be emailed to interested parties. Registration information will also be posted on NYS EFC's website at www.efc.ny.gov.
NYS EFC and NYS DOH Contacts:
For assistance with the project listing process, or for information on the SRF programs, please contact:
CWSRF:
Dwight Brown
NYS EFC - Division of Operations & Program Management
SRF Program Services Coordinator
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-7396
E-mail: dwight.brown@efc.ny.gov
NYS EFC website: www.efc.ny.gov
DWSRF:
David Phillips
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Rm. 1135
Albany, New York 12237
Phone: (800) 458-1158 extension 27650 or (518) 402-7650
E-mail: bpwsp@health.ny.gov
