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ENB Statewide Notices 7/21/2021

Public Notice

Notice of Adoption of 6 NYCRR Part 326, Registration and Classifications of Pesticides

Pursuant to Sections 1-0101, 3-0301, and 33-0303 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is adopting revisions to 6 NYCRR Part 326, Registration and Classifications of Pesticides. The regulation adds chlorpyrifos to the section 326.2(c) list of pesticide active ingredients that are no longer allowed to be distributed, sold, purchased, possessed, or used for any purpose.

This notice will be published in the State Register on July 21, 2021.

Documents pertaining to this adopted rule making can be found on the NYS DEC's website at: https://www.dec.ny.gov/regulations/propregulations.html#recent.

Requests for information related to the revisions to Part 326 may be obtained from the contact listed below.

Contact: Rebecca Vaughan, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8678, E-mail: rebecca.vaughan@dec.ny.gov


Americans with Disabilities Act Grievance Policy (Commissioner's Policy 53)

The New York State Department of Environmental Conservation (NYS DEC) has revised its Americans with Disabilities Act Grievance Policy (Commissioner's Policy 53). A draft of the revised policy is posted on the NYS DEC website for public comment until August 23, 2021 at 5:00 p.m.

This policy establishes the NYS DEC grievance procedure providing for prompt and equitable resolution of nonemployment related complaints, alleging discrimination on the basis of disability in NYS DEC practices and policies, or the provisions of its programs, services, and activities.

The policy states that NYS DEC, in compliance with state and federal laws and regulations that include the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability in NYS DEC practices and policies, or the provisions of its programs, services, and activities. In accordance with these laws, NYS DEC will make reasonable modifications to its practices and procedures to ensure that people with disabilities are afforded equitable access to its programs, services, and activities.

Where policy can be found: https://www.dec.ny.gov/outdoor/78861.html

SEQRA:

This project is a Type II action, not subject to SEQRA per 6 NYCRR 617.5(c)(26)- routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment.

SEQR Lead Agency: NYS DEC

Contact: Leah Akins, NYS DEC - Division of Operations, 625 Broadway, Albany, NY 12233-5253, Phone: (518) 402-9295, E-mail: Accessibility@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 (PDF) (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


Notice of Acceptance of Draft GEIS Extension of Public Comment Period

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). The written comment deadline on the Draft GEIS has been extended from August 5, 2021 to September 5, 2021. The Draft GEIS 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, New York State Canal Corporation, 30 South Pearl Street, 5th Floor, Albany, NY 12207, Phone: (518) 433-6841, E-mail: James.Candiloro@nypa.gov.


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