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ENB Statewide Notices 6/23/2021

Public Notice

Notice of Update to Value of Carbon Guidance

New York State Department of Environmental Conservation (NYS DEC) issued the Value of Carbon Guidance in December 2020 pursuant to Environmental Conservation Law (ECL) §75-0113, as established by the Climate Leadership and Community Protection Act of 2019. NYS DEC has made a non-substantive update to the previously issued values for carbon dioxide, methane, and nitrous oxide to maintain consistency with data sources used by the federal government. The updated values align with the interim values on the Social Cost of Carbon from the reestablished Interagency Working Group on Social Cost of Greenhouse Gases.

The revised Value of Carbon Guidance and updated supplemental materials are available at: https://www.dec.ny.gov/regulations/56552.html/.

Contact: Jason Pandich, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, E-mail: climatechange@dec.ny.gov


Notice of Availability of Draft 1,4-Dioxane Method Performance Criteria

The New York State Department of Environmental Conservation (NYS DEC) has published draft 1,4-dioxane Method Performance Criteria for public review and comment.

Background:

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. NYS DEC is considering whether to include the draft method performance criteria (MPC) in the upcoming rule to provide guidance on what test methods are acceptable for manufacturers to use to determine whether their products comply with the law.

The draft MPC is available on NYS DEC's website at: https://www.dec.ny.gov/chemical/121658.html. Written comments on the draft MPC may be submitted until 5:00 p.m. July 23, 2021.

Contact: Emily Dominiak, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7252, Phone: (518) 402-8706, 1-4D.HCPCCproducts@dec.ny.gov


Notice of New York State Department of Environmental Conservation (NYS DEC) Program Policy DAR-1: "Guidelines for the Evaluation and Control of Ambient Air Contaminants" under 6 NYCRR Part 212, "Process Operations" Final 2/12/2021

This policy is written to provide guidance for the implementation of and compliance with Part 212. More specifically, this document, issued by the NYS DEC outlines the procedures for evaluating the emissions of air contaminants from process operations in New York State. This policy replaces DAR-1 previously issued on August 10, 2016 by the Division of Air Resources. This document provides guidance to NYS DEC staff, those facility owners subject to Part 212, and the general public. More specifically, this guidance document ensures NYS DEC implements Part 212 consistently throughout the state. The guidance contained in this document is primarily intended for use in conjunction with NYS DEC's permitting and regulatory authority found in 6 NYCRR Parts 200, 201, 212 and 257.

DAR-1 was listed in the Environmental Notice Bulletin (ENB) and NYS DEC public webpage on Wednesday January 13, 2021 with a 30-day comment period ending on February 12, 2021. Comments were received from 11 commenters and an Assessment of Public Comments (APC) was prepared and can be found here: https://www.dec.ny.gov/chemical/8568.html.

The full text and pdf printable version of this policy can be found at: https://www.dec.ny.gov/chemical/8568.html

For further information, contact:

Steven DeSantis
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3250
Phone: (518) 402-8402
E-mail: air.regs@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


New York State Department of Environmental Conservation (NYS DEC) Notice of Complete Application

Applicant:

New York State Department of Transportation (NYSDOT) and New York State Thruway Authority (NYSTA)

Permits Applied for:

ECL Article 24 Freshwater Wetlands, and Section 401 - Clean Water Act Water Quality Certification.

Application ID:

GP-0-21-005

Location:

State Highways and Auxiliary Structures, Statewide

Project Description:

NYS DEC proposes the reissuance of a general permit (GP-0-21-005) to NYS DOT for activities occurring within a state freshwater wetland or its adjacent area, that include: bank and channel stabilization activities; minor earth fill for rehabilitation or replacement of existing facilities; installation or repair of utility lines; rehabilitation or in-kind and in-place replacement of existing facilities; survey and exploratory activities for highway related construction activities; slip-lining, invert paving, cured-in-place, or similar treatments to existing culverts; and herbicide application. The proposed permit expands upon the current permit to allow its use by NYSTA and includes the addition of herbicide application as an authorized activity. The permit is proposed to be issued for a 10 year term. A draft permit containing the scope of eligible activities, terms, and conditions is available for review upon request to the contact below.

SEQR:

Unlisted Action: NYS DEC has determined there will be no significant adverse impacts and a negative declaration has been prepared.

Comments on this project must be submitted in writing no later than 07/08/2021 or 15 days after the publication date of this notice, whichever is later, to: James Eldred, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750, Phone: (518) 402-9167, E-mail: deppermitting@dec.ny.gov

Contact: James Eldred, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750, Phone: (518) 402-9167, E-mail: deppermitting@dec.ny.gov


Draft Amendment No. 1 to the Federal Fiscal Year 2021 Clean Water State Revolving Fund Final Intended Use Plan

Revision of Project Listing Deadline for 2022 Intended Use Plan (IUP), Addition of Green Innovation Grant Program (GIGP) Projects to the Annual Project Priority List, the Addition of a Village of Sherburne Project to the Annual Project Priority List, and Smart Growth Review

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2021 Clean Water State Revolving Fund (CWSRF) Final Intended Use Plan (IUP), effective October 1, 2020, is being amended.

NYS EFC is seeking comment on Draft Amendment No. 1, which includes the following:

  1. Revision of the deadline to list a project on the 2022 IUP from August 2021 to July 16, 2021,
  2. Addition of GIGP Round 12 projects to the Annual Project Priority List,
  3. Addition of a Village of Sherburne project to the Annual Project Priority List, and
  4. Smart Growth review of projects added to the Annual Project Priority List.

Draft Amendment No. 1 is available on NYS EFC's website at: http://www.efc.ny.gov/2021-CW-IUP. Comments must be submitted by 5:00 p.m. Friday, July 9, 2021.

Submit comments to:

Timothy P. Burns
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, NY 12207-2997
E-mail: iupcomments@efc.ny.gov

For assistance or general information on the CWSRF program, please contact:

Dwight Brown
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, NY 12207-2997
Phone: (518) 402-7396
E-mail: CWSRFinfo@efc.ny.gov


Notice of Acceptance of Draft GEIS and Public Hearing

Statewide - The New York State Canal Corporation, as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Earthen Embankment Integrity Program (EEIP). Two virtual public hearings on the Draft GEIS to accept verbal public comment will be held. Details regarding registration and how to submit written comments are available from the notice published in the New York Stare register at: https://dos.ny.gov/state-register. The Draft EIS is available from the contact listed below and on line at: http://www.canals.ny.gov/Earthen_Embankment.

The action involves the implementation of a documented comprehensive canal system embankment maintenance program to restore, maintain, and manage the integrity of embankments within the Canal System. The program will address implementation of management practices for water impounding earthen embankments or features that abut and are parallel to the earthen embankments, including engineered alternatives to minimize or mitigate environmental impacts, but will not include individual structures located along the embankments or under the embankments (spillways, waste weirs, vertical walls, culverts and dive culverts are typically excluded features). The project is located along embankments within the New York State Canal System in New York.

Contact: James Candiloro, , 30 South Pearl Street, 5th Floor, Albany, NY 12207, Phone: (518) 433-6841, E-mail: James.Candiloro@nypa.gov.


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