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ENB Statewide Notices 12/8/2021

Public Notice

Notice of Proposed Rulemaking to amend 6 NYCRR Parts 10, 19 and 35.

These revisions are in regard to simplifying statewide species fishing regulations, simplifying ice fishing regulations, making adjustments to or eliminating species fishing regulations for specific waters, clarifying regulations and making adjusts to or eliminating gear restrictions, including eliminating spearing and snatching.

This notice will be published in issue 49 of the State Register, dated December 8, 2021.

For further information, please contact:

Gregory Kozlowski
New York State Department of Environmental Conservation - Division of Fish and Wildlife
625 Broadway
Albany NY 12233-4753
Phone: (518) 402-8896
E-mail: gregory.kozlowski@dec.ny.gov


Pursuant to the Environmental Conservation Law (ECL) sections 11-0303,13-0307 and 13-0319 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands, pertaining to changes in classification in Rockland, Nassau, and Suffolk Counties.

The proposed rule is necessary for the preservation of the public health. ECL section 13-0307 requires that NYS DEC examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes.

This notice will be published in issue 49 of the State Register, dated December 08, 2021.

For further information, please contact:

Zachary Schuller
NYS DEC - Division of Marine Resources
123 Kings Park Boulevard
Kings Park, NY 11754
Phone: (631) 380-3314
E-mail: zachary.schuller@dec.ny.gov Subject: Shellfish Closures


Notice of New York State Department of Environmental Conservation (NYS DEC) Program Policy

DAR-21: "The Climate Leadership and Community Protection Act and Air Permit Applications"

The Climate Leadership and Community Protection Act (CLCPA) went into effect January 1, 2020 (Chapter 106 of the Laws of 2019). The CLCPA includes economy-wide requirements to reduce greenhouse gas (GHG) emissions in New York State by 40% below 1990 levels by 2030, and 85% below 1990 levels by 2050. Environmental Conservation Law (ECL) § 75-0107. It requires NYS DEC to specify economy-wide emissions limits that correspond to those reduction requirements, which have been promulgated under 6 NYCRR Part 496 (Part 496). The CLCPA also establishes a Climate Action Council that is given three years (by January 1, 2023) to finalize a scoping plan providing recommendations for meeting those limits, and requires NYS DEC to promulgate regulations on GHG emission sources within four years (by January 1, 2024) that will ensure those limits are met. ECL § 75-0109. It further establishes that by 2040 the electricity generation sector will have zero emissions. Public Service Law (PSL) § 66-p.

When issuing permits, Section 7(2) of CLCPA requires all state agencies to consider "whether such decisions are inconsistent with, or will interfere with, the attainment of the statewide GHG emission limits established in Article 75 of the environmental conservation law." Further, if deemed inconsistent, the state agency must provide a detailed justification and identify alternatives or GHG mitigation measures to be imposed. For purposes of the CLCPA, statewide GHG emissions include upstream out-of-state GHG emissions associated with the generation of electricity imported into the State, or the extraction, transmission, and use of fossil fuels imported into the State. ECL § 75-0101(13).This policy describes the content of analyses required by the Division of Air Resources (DAR) pursuant to the requirements of Section 7(2). It further describes the procedures staff in DAR will follow when reviewing those analyses for conformance with the requirements of the CLCPA. Finally, this policy establishes the types of air pollution control permit actions required to prepare an analysis as part of the permit application process.

The full text and pdf printable version of this policy can be found at: https://www.dec.ny.gov/regulations/propregulations.html#public

Written comments on the proposed guidance may be submitted until 5:00 p.m. January 7, 2022.

Contact: Mark Lanzafame, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: air.regs@dec.ny.gov


Notice of Public Comment Period

CP-49: Commissioner Policy on Climate Change

First established in 2010, Commissioner Policy #49 "Climate Change and DEC Action" (CP-49) provides guidance to agency divisions, offices, and regions regarding to the incorporation of climate change considerations into agency activities. New York State Department of Environmental Conservation (NYS DEC) has revised to CP-49 to reflect requirements under the Climate Leadership and Community Protection Act (CLCPA). This includes guidance for implementing provisions of Section 7 and 9 of the CLCPA. The full text and pdf printable version of this policy can be found at: https://www.dec.ny.gov/regulations/56552.html.

The CLCPA went into effect January 1, 2020 (Chapter 106 of the Laws of 2019). The CLCPA includes economy-wide requirements to reduce greenhouse gas (GHG) emissions in New York State by 40% below 1990 levels by 2030, and 85% below 1990 levels by 2050. Environmental Conservation Law (ECL) § 75-0107. It requires NYS DEC to specify economy-wide emissions limits that correspond to those reduction requirements, which have been promulgated under 6 NYCRR Part 496 (Part 496).

Written comments can be submitted by mail or email until 5:00 p.m. January 7, 2022. Include "Comments on CP-49" in the subject line.

Contact: Maureen Leddy, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1050, Phone: (518) 402-8448, E-mail: climate.regs@dec.ny.gov


Final Amendment No. 2 to the Drinking Water State Revolving Fund (DWSRF) Federal Fiscal Year (FFY) 2022 Intended Use Plan

FFY 2022 DWSRF Intended Use Plan Amendment:

Draft Amendment No. 2 to the DWSRF IUP issued October 1, 2021 was published in the November 17, 2021 ENB. The comment period for Draft Amendment No.2 closed on December 1, 2021 and the New York State Department of Health (NYS DOH) received no public comments pertaining to the Amendment. Therefore, as of December 1, 2021 the Amendment as shown below was final:

DWSRF No. 18331: Village of Mayfield, Fulton County. The project cost as listed in the DWSRF Intended Use Plan (IUP) is increased by $50,000 due to higher than expected construction costs.

DWSRF No. 15301: Village of Tivoli, Dutchess County. The project cost as listed in the DWSRF Intended Use Plan (IUP) is increased by $150,000 due to higher than expected construction costs.

NYS DOH has determined that the amendment is necessary, reasonable, and in the interest of protecting public health. The amendment will not adversely affect any project on the IUP Project Annual List above the subsidized funding line. Except as noted above, there are no other changes to the IUP as a result of this Amendment No. 2 of the FFY 2022 IUP.

Contact: David Phillips, NYS DOH - Bureau of Water Supply Protection, Corning Tower, Room 1135, Empire State Plaza, Albany, NY 12237, Phone: (518) 402-7702, E-mail to: bpwsp@health.ny.gov.


Notice of Acceptance of Final GEIS

Statewide - The New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP), as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Adoption and Implementation of the State Historic Preservation Plan/GEIS 2021-26. The Final GEIS 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 SHPP guides preservation efforts at the local, regional and state levels. It serves as a blueprint for identifying and preserving New York's historic and cultural resources and is periodically updated to address current needs, issues, and opportunities. The SHPP details resources that have the potential to support preservation and community development efforts. The SHPP aims to further preservation activities by outlining a broad set of goals and objectives combined with specific strategies. Development of a State Historic Preservation Plan is a requirement by the National Park Service for continued receipt of federal Historic Preservation Fund grant monies.

Potential environmental impacts associated with adoption and implementation of the SHPP, as well as mitigation measures that could be taken to reduce potential impacts, are included as part of the SHPP which, in its entirety, constitutes a Final Generic Environmental Impact Statement. The Final SHPP/GEIS contains a comments and responses section to respond to comments received on the Draft SHPP/GEIS.

Agencies and the public are afforded the opportunity to consider the Final GEIS; this consideration period ends on December 18, 2021.

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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