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ENB Statewide Notices 10/20/2021

Public Notice

Notice of Proposed 2022 Atlantic Ocean Surfclam Annual Harvest Limit

Pursuant to Environmental Conservation Law Section 13-0309 and Subpart 43-2 of Title 6 of the New York Codes Rules and Regulations, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is proposing to establish the 2022 annual harvest limit for surfclams taken by mechanical means from the certified waters of the Atlantic Ocean at 184,558 industry standard bushels, which would maintain the level of harvest (total allowable catch) that was established from 2016 to 2021.

The number of vessels harvesting in the ocean and the percentage of the annual harvest limit taken by the surfclam fishery has been declining in the past few years. The level of harvest is low enough that NYS DEC does not see a need to reduce the annual limit. Without more recent population and surfclam resource information, maintaining the annual harvest limit is necessary in order to protect the long-term sustainability of the resource and economic viability of the surfclam fishery. NYS DEC will announce the annual harvest limit for 2022 no later than November 15 for an effective date of January 1 after taking into consideration public comment and any other relevant fishery related information.

Written comments on the proposed 2022 Atlantic Ocean surfclam annual harvest limit will be accepted by mail, email, or fax until close of business Wednesday, November 3, 2021.

Comments should be sent to:

Chelsea Miller
NYS DEC - Division of Marine Resources
Nissequogue River State Park
123 Kings Park Boulevard
Kings Park, NY 11754
Fax: (631) 444-0496

State Pollutant Discharge Elimination System (SPDES) General Permit for Point Source Discharges to Surface Waters of New York from Pesticide Applications Permit No. GP-0-21-003

The New York State Department of Environmental Conservation (NYS DEC) has renewed the SPDES General Permit for Point Source Discharges to Surface Waters of New York From Pesticide Applications (GP-0-21-003). GP-0-21-003 will be effective from November 1, 2021 until October 31, 2026, and replaces the current general permit, GP-0-16-005, which expires on October 31, 2021.

A draft of GP-0-21-003 was published for public review and comment in the Environmental Notice Bulletin (ENB) on April 28, 2021. Copies of the renewed permit and fact sheet are available on the NYS DEC's website at:

This Pesticide SPDES General Permit (GP-0-21-003) authorizes point source discharges to, in or over surface waters of New York State from the application of New York State registered pesticides labeled for aquatic uses in accordance with Environmental Conservation Law and the Clean Water Act. An operator as defined in the permit may gain coverage for the application of pesticide(s) by submitting a complete and accurate Notice of Intent (NOI).

For assistance, please contact: Emanuel Olff, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8111, E-mail:

Notice of Comment Period Extension for the Navy Grumman Groundwater Plume Proposed Consent Decree with Northrop Grumman

The New York State Department of Environmental Conservation (NYS DEC) has reached an agreement with Northrop Grumman Systems Corporation (Grumman) and finalized a proposed Consent Decree regarding the remediation of the Navy Grumman groundwater plume located in Bethpage, New York. A notice of the proposed consent decree and request for comment was published in the Environmental Notice Bulletin on September 22, 2021, with the public comment period ending on October 22, 2021. The public comment period will be extended until December 7, 2021.

Written comments must be submitted to the contact listed below by close of business December 7, 2021.

Where the proposed consent decree can be found:

Contact: Andrew Guglielmi, NYS DEC - Office of General Counsel, 625 Broadway, Albany, NY 12233-5253, Phone: (518) 402-9185, E-mail:

Notice of Public Hearing

Barriers and Opportunities for Historically Overburdened and Under-Resourced Communities Report

This notice is to provide the public with notification that the Department of Environmental Conservation (NYS DEC), in cooperation with the New York Energy Research and Development Authority (NYSERDA) and the New York Power Authority (NYPA), will hold public hearings on November 3 and 4, 2021 to receive comments that inform the development of the Barriers and Opportunities for Historically Overburdened and Under-Resourced Communities Report, as discussed below.
The Climate Leadership and Community Protection Act (Climate Act) directs NYS DEC to prepare a report on barriers to, and opportunities for, access to or community ownership of five types of services and commodities in disadvantaged communities, pursuant to the Climate Leadership and Community Protection Act. NYS DEC, NYSERDA and NYPA are seeking public input on barriers and opportunities to the following services and commodities in communities that are historically overburdened and under-resourced:

  1. Distributed renewable energy generation. For example, community-owned solar or storage, solar subscription models, renewable energy on multifamily or public housing, and third-party leasing or financing models.
  2. Energy efficiency and weatherization investments. For example, insulation or other deep energy retrofits, heating system repairs or replacements, building electrification, energy efficient appliances, direct install programs, and bill payment assistance.
  3. Zero-emission and low-emission transportation options. For example, mobility options and increased accessibility for individuals without vehicles (e.g., active transit, public transit, ridesharing), electrification of private and public transit vehicles, owning or hosting EV charging stations, and clean transportation prizes to encourage innovation.
  4. Adaptation measures to improve the resilience of homes and local infrastructure to the impacts of climate change. For example, microgrids, green/natural features and shade trees, floodproofing and/or storm-hardening rental and multifamily housing, resilience audits for homes and businesses, disaster preparedness and response, community resilience plans and funding, and drinking water/watershed protection.
  5. Other services and infrastructure that can reduce the risks associated with climate-related hazards. For example, shelters and cool rooms during extreme heat events, other cooling resources such as misting stations, shelters during flood events, medical treatment for asthma and other conditions that could be exacerbated by climate-related events, and in-home assessments to identify health and safety hazards.

Virtual Public Hearings:

Two hearings will be conducted via WebEx Events to receive public input. There will be two hearing sessions: November 3, 2021 at 5:30 p.m. and November 4, 2021 at 12:00 p.m. These hearings will facilitate public input on barriers and opportunities within each of the five services and commodities listed above. Study findings will be further refined based on public input.

All persons, organizations, corporations, or government agencies are invited to attend the public hearings and to submit oral or written comments. It is not necessary to speak at both the virtual hearings, as equal weight is given to statements made in each forum. Additional information, including instructions for joining each event as well as supplemental documents, will be made available prior to each event at:

All New Yorkers, especially those who live or work in historically overburdened and under-resourced communities, are encouraged to provide comments and input on the following questions:

  1. What challenges do you (or your community) face in accessing or using programs or services related to the five topics listed above?
  2. What opportunities do you see to make it easier for you (or your community) to access or use programs or services related to the five topics listed above?

Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. American Sign Language and language interpretation services shall be made available upon written request at no charge for either service. Requests should be submitted to NYS DEC, Office of Communication Services, 625 Broadway, Albany, NY 12233-1550 or by email to: or phone (518) 402-8044 no later than 5:00 p.m. on October 27, 2021.

Individuals and organizations that cannot attend the public hearings may submit written comments. Written comments may be provided at any time. Written comments may be provided in the following ways:

  • An online public comment form will be available on October 18th at:
  • Email your comments to:
  • Mail your comments to:
    Elizabeth Boulton
    17 Columbia Circle
    Albany, NY 12203

Contact: Saran Bernard, NYS DEC - Office of Environmental Justice, 625 Broadway, Albany NY 12233, Phone: 1-866-229-0497, E-mail:

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