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ENB Statewide Notices 9/15/2021

Public Notice

Pursuant to the Environmental Conservation Law Sections 3-0301, 11-0303 and 11-0903, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Part 1.11 pertaining to deer hunting and providing counties an option to "opt-out" of the December 26-January 1 portion of the late deer hunting season. This notice will be published in issue 37 of the State Register, dated September 15, 2021

For further information, please contact:

Jeremy Hurst
NYS DEC - Division of Fish and Wildlife
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8883
E-mail: wildliferegs@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 Public Comment Period for Chemicals and PQLs under Consideration for Toxic Chemicals in Children's Products Regulations

The New York State Department of Environmental Conservation (NYS DEC) has made lists of Chemicals of Concern and High Priority Chemicals, along with practical quantification limits, currently under review for the Toxic Chemicals in Children's Products rule available for public review and comment.

Background:

Title 9 of Article 37 of the Environmental Conservation Law requires NYS DEC to promulgate lists of Chemicals of Concern and High Priority Chemicals, which will dictate the chemicals that must be disclosed by manufacturers of children's products when present in a product. NSY DEC is considering which chemicals to include on these lists and has published lists for public review and comment.

The lists are available on NYS DEC's website at: https://www.dec.ny.gov/chemical/122890.html. Written comments may be submitted until 5:00 p.m. October 15, 2021.

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


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control and Drinking Water State Revolving Fund (DWSRF) Draft Intended Use Plans (IUPs) for Federal Fiscal Year 2022

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 (NYS DOH) are pleased to announce the availability of the Draft Federal Fiscal Year (FFY) 2022 Intended Use Plans (IUPs) for the CWSRF and the DWSRF. 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.

The Draft IUPs include lists of projects that could receive financing between October 1, 2021 and September 30, 2022, the next IUP financing period.

NYS EFC anticipates the CWSRF will be able to provide approximately $1.3 billion in interest-free or low-interest rate financing and grant for clean water project costs during FFY 2022. This includes an estimated federal capitalization grant amount of $175 million.

NYS DOH anticipates the DWSRF will be able to provide approximately $403 million in interest-free or low-interest rate financing and principal forgiveness/grant for drinking water project costs during FFY 2022. This includes an estimated federal capitalization grant of $45 million, of which a maximum of $9 million may be made available as principal forgiveness/grants for certain eligible projects.

Eligible Projects:

CWSRF - Municipal water pollution control projects eligible for CWSRF interest-free or low-interest rate financing and grant 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 facilities; 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.

Intended Use Plans and Project Listing:

NYS EFC solicited the listing of new projects for the Draft 2022 IUPs on the May 12, 2021 publication of the State Register Notice and the Environmental Notice Bulletin. New projects and project updates were accepted through July 16, 2021. Projects will not be added to the Final 2022 IUP lists by comment on the Draft IUP.

WEBINAR:

NYS EFC and NYS DOH will host a webinar to review the Draft 2022 CWSRF and DWSRF IUPs on Wednesday, September 22 at 10:00 a,m. This event will present an overview of the 2022 CWSRF and DWSRF IUPs, as well as provide an opportunity to answer participant questions. A notice about the webinar will be emailed to interested parties. Registration information for this webinar will be posted on NYS EFC's website at: www.efc.ny.gov.

Due Date for Comments:

Written comments on the Draft IUPs must be submitted by 5:00 p.m. Friday, October 1, 2021 to:

CWSRF IUP

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

DWSRF IUP

David Phillips
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room 1135
Albany, NY 12237
E-mail: bpwsp@health.ny.gov
(if sent by email please put "Draft IUP comment" in the subject line)

NYS EFC and NYS DOH Contacts:

For questions or additional information on the SRF programs, please contact:

CWSRF:

Dwight Brown
NYS EFC - Operations & Program Management
625 Broadway
Albany, NY 12207-2997
(518) 402-7396
E-mail: dwight.brown@efc.ny.gov
EFC website: www.efc.ny.gov

DWSRF:
David Phillips
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room 1135
Albany, NY 12237
Phone: (800) 458-1158 extension 27650 or (518) 402-7650
E-mail: bpwsp@health.ny.gov


Notice of Acceptance of Draft GEIS and Extension of 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. Written comments on the Draft GEIS will now be accepted until October 15, 2021. The Draft EIS is available from the contact listed below and on line at: http://www.canals.ny.gov/Earthen_Embankment. Project documents and directions for submitting comments are available at the New York State Canal Corporation website or the project website: 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 on embankments in the New York State Canal System.

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.


Notice of Acceptance of Draft GEIS and Public Hearing

Statewide - The New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP), as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Adoption and Implementation of the State Historic Preservation Plan/GEIS 2021-26. A virtual public hearing on the Draft GEIS will be held on September 28, 2021, at 6:00 p.m. This meeting will be recorded and made publicly available. During the meeting, NYS OPRHP staff will make a presentation about the Draft SHPP/DGEIS and be available for a question-and-answer session afterward. Free registration in advance of the online meeting is required in order to attend. To register, please e-mail SHPP.plan@parks.ny.gov no later than Friday, September 24, 2021 at 5:00 p.m. Written comments on the Draft GEIS will be accepted until October 15, 2021. The Draft EIS is available from the contact listed below and on line at: https://parks.ny.gov/inside-our-agency/master-plans.aspx.

The action involves the adoption and implementation of the State Historic Preservation Plan (SHPP) (2021-26). The project is located throughout New York State.

Contact: Daniel McEneny, NYS OPRHP - Division for Historic Preservation, Peebles Island State Park, P.O. Box 189, Waterford, NY 12188. Phone: (518) 268-2162, E-mail: SHPP.plan@parks.ny.gov.

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