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ENB Statewide Notices 6/16/2021

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0301, 11-0303, 11-1101, and 11-1103 the New York State Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rulemaking to amend 6 NYCRR Sections 6.2 and 6.3 pertaining to trapping fisher and pine marten. This rulemaking will remove the requirement for a mandatory fisher trapping permit to trap fisher in New York, which first went into effect after the adoption of the New York State Department of Environmental Conservation's (NYS DEC) New York State Fisher Management Plan in 2016. After five years of data collection, NYS DEC has collected sufficient data on harvest pressure and relative abundance and no longer need to collect trapper effort data and mandatory biological samples from fisher. In addition, this rulemaking will simplify the requirements for trapping pine marten in New York. The rulemaking will maintain the requirement for a special permit to trap marten pursuant to 6 NYCRR Part 6.3(b) but remove the requirement to use a specially designated possession tag and submit the carcass from any marten taken in New York State to NYS DEC.

This notice will be published in issue 24 of the State Register, dated June 16 2021.

For further information please contact:

Amanda Bailey
NYS DEC - Division of Fish and Wildlife
625 Broadway, 5th Fl.
Albany, NY 12233-4754
Phone: (518) 402-8859
E-mail: wildliferegs@dec.ny.gov


Notice of Public Comment Period

Revision to the New York State Implementation Plan for the 2008 Ozone National Ambient Air Quality Standards pertaining to the New York-N. New Jersey-Long Island, NY-NJ-CT Serious Nonattainment Area

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) plans to submit a State Implementation Plan (SIP) revision to the United States Environmental Protection Agency (US EPA).

NYS DEC plans to make a submission pursuant to Clean Air Act Section 182(c) pertaining to the 2008 ozone National Ambient Air Quality Standards (NAAQS). The New York-Northern New Jersey-Long Island, NY-NJ-CT (New York metropolitan area, or NYMA) nonattainment area failed to attain the 2008 ozone NAAQS by the "moderate" attainment date of July 20, 2018, and was reclassified by US EPA to "serious" nonattainment effective September 23, 2019. A serious nonattainment classification requires a state to submit a SIP revision demonstrating how the area will attain the NAAQS by the July 20, 2021 deadline (based on monitored air quality data from 2018-2020).

Although the NYMA will fail to attain the 2008 NAAQS by the deadline based on certified 2018-2020 monitoring data, this proposed submission demonstrates that New York is exceeding the mandated emission reduction targets and fulfills other Clean Air Act-mandated requirements associated with the serious nonattainment classification.

NYS DEC is providing a 30 day period to comment on the proposed submission or request a hearing. Written comments should be submitted by 5:00 p.m. on July 16, 2021 to: Scott Wajda-Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, or by e-mail to: dar.sips@dec.ny.gov. Scott Wajda-Griffin can be reached at (518) 402-8396 with any questions regarding the proposed SIP revision.

Contact: Scott Wajda-Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: dar.sips@dec.ny.gov


Notice of Proposed Rulemakings - 6 NYCRR Part 613, Petroleum Bulk Storage (PBS) Regulations and 6 NYCRR Parts 597/598, Chemical Bulk Storage (CBS) Regulations

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is proposing to amend 6 NYCRR Part 613 of the Petroleum Bulk Storage (PBS) regulations and 6 NYCRR Parts 596-599 of the Chemical Bulk Storage (CBS) regulations. The proposed PBS and CBS rulemakings are principally aimed at harmonizing existing New York State requirements with federal requirements (40 CFR Parts 280 and 302). CBS regulations are restructured so they are consistent with Federal 40 CFR Part 280 and the New York State PBS regulations. These revisions do not establish any new requirements or costs concerning the bulk storage of petroleum and chemicals. There is no change to how facilities operate under existing industry practices and applicable federal and State laws and regulations. The revisions may eliminate or reduce costs that are incurred by certain facilities under the existing rules by allowing certain retrofits, practices, and leak detection methods.

The Notice of Proposed Rulemaking is available in the June 16, 2021 issue of the State Register. Written public comments will be accepted by NYS DEC through 5:00 p.m. August 23, 2021.

Availability of Documents for Review:

Information concerning the review process, 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 Jenn Dawson for an appointment at (518) 402-8874 or email at: derweb@dec.ny.gov

Written Comments:

The public is invited to submit written comments on the proposed rulemaking through 5:00 p.m. on August 23, 2021. Written comments can be submitted as follows:

  1. By e-mail to derweb@dec.ny.gov. Please include "Comments on Proposed Part 613" or "Comments on Proposed Part 597/598" in the subject line of the email; or

  2. By mail to:
    NYS DEC - Division of Environmental Remediation
    attention: Jenn Dawson
    625 Broadway
    Albany, NY 12233-7012

Requests for information on the proposed rulemakings may be directed to Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-8874, E-mail: derweb@dec.ny.gov.

Written comments on the proposed rulemaking may be submitted to Jennifer Dawson until 5:00 p.m. on August 23, 2021.

Public Comment Hearing:

Two public comment hearings for the proposed rule will be held before an Administrative Law Judge (ALJ) electronically via the Webex Events platform as follows. The electronic format is reasonably accessible to persons with impaired mobility:

Date: Tuesday, August 17, 2021
Time: 2:00 p.m.
Location: electronically via Webex Events

Date: Tuesday, August 17, 2021
Time: 6:00 p.m.
Location: electronically via Webex Events

Instructions on how to "join" the hearing, how to provide an oral statement, and how to register for the hearing may be accessed at the Proposed Regulations webpage for Parts 597 and 598 and Part 613 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 Parts 597 and 598 and Part 613 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 Tuesday, July 27, 2021. The written request must be addressed to ALJ O'Connell, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ O'Connell at ohms@dec.ny.gov

Contact: Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012; Phone: 518-402-8874; E-mail: derweb@dec.ny.gov


Data Solicitation for 2020/2022 Integrated Report

New York State Department of Environmental Conservation (NYS DEC) is seeking water quality data and information from the public or entities for any New York State waterbody.

Water quality data and information received may be used to update waterbody assessments in the state's 305(b) Water Quality Report at: https://www.dec.ny.gov/chemical/66532.html or the Clean Water Act Section 303(d) List of Impaired Waters at: https://www.dec.ny.gov/chemical/31290.html. Waterbody assessments are conducted following the methodology described in the Consolidated Assessment Listing Methodology (CALM): https://www.dec.ny.gov/docs/water_pdf/calmmay2021.pdf. (1.06 MB)

Combined Integrated Reporting

The 305(b) and 303(d) reports are submitted to the United States Environmental Protection Agency (US EPA) every two years as an Integrated Report. For the reporting periods of 2020 and 2022, NYS DEC will follow US EPA's recommendation to combine the 2020 and 2022 Integrated Report.

Data Requirements:

To be used for assessments, data must be:

  • Accompanied by a Quality Assurance Project Plan (QAPP) and a Data Usability Analysis Report (DUAR).
  • Demonstrate that Data Quality Indicators (DQI's) have been met: precision, accuracy, bias, representativeness, completeness, comparability, and sensitivity.
  • Analyzed by a New York States Department of Health (NYS DOH) Environmental Laboratory Approval Program (ELAP) list available at: https://www.wadsworth.org/regulatory/elap accredited Lab, and 40 CFR Part 136 analysis methods are used where applicable.
  • Reflective of parameters with a water quality standard or a Supplemental Indicator identified in Tables 7-11 of the CALM

How to Submit Data:

E-mail all applicable data, the QAPP or DUAR, and any other relevant information to: 4pwlinfo@dec.ny.gov

If necessary, a hard copy may be mailed to the contact listed below.

When to Submit Data:

To be considered for the 2020/2022 Integrated Report, data and information must be received by September 27, 2021.

Background:

The process of comparing water quality data with water quality standards and determining if best uses (e.g., fishing or swimming) are supported is known as "assessment."

The water quality data that NYS DEC may consider for assessments can come from a variety of sources, including NYS DEC monitoring programs, other state agencies, federal agencies and non-governmental partners such as watershed organizations, lake associations and academic researchers.

Every two years, states are required by Section 303(d) of the federal Clean Water Act (CWA) to compile a list of waters assessed as "impaired", meaning they do not meet water quality standards, and cannot support their best uses. Total Maximum Daily Load (TMDL) plans, available at: https://www.dec.ny.gov/chemical/23835.html, must be developed for these waterbodies to reduce pollutants and help them meet water quality standards, which are available at: https://www.dec.ny.gov/chemical/23853.html.

More information on data requirements and NYS DEC's process for conducting assessments is described in the CALM.

For questions please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@dec.ny.gov


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