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ENB Statewide Notices 1/26/2022

Public Notice

Announcement of 15 day Extension on Public Comment Period - New York State Draft 2020-2022 Clean Water Act § 303(d) List of Impaired Waters

Current Notice

This notice serves to provide the public notification of a 15 day extension of public comment period through February 11, 2022.

Prior Notice

On December 29, 2021, New York State Department of Environmental Conservation (NYS DEC) announced the availability of the Draft 2020-2022 Clean Water Act (CWA) Section 303(d) List of Impaired/Total Maximum Daily Load (TMDL) Waters. This list identifies waters which do not meet applicable water quality standards and do not support applicable best uses, thereby requiring a TMDL. The public comment period was originally 30 days scheduled to end January 28, 2022.

Available Documents

The Draft 2020-2022 303(d) List and the Consolidated Assessment and Listing Methodology are available on the NYS DEC's website at: https://www.dec.ny.gov/chemical/31290.html.

Public comments regarding the Draft 2020-2022 CWA Section 303(d) List should be emailed to the Bureau of Water Assessment and Management at: 4pwlinfo@dec.ny.gov or mailed to:

NYS DEC - Bureau of Water Assessment and Management
Attention: Water Assessment and Implementation Section
625 Broadway, 4th Floor
Albany, NY 12233-3502

For more information about how water quality assessments are conducted, read the NYSDEC CALM at: https://www.dec.ny.gov/docs/water_pdf/calmmay2021.pdf (1.06 MB).

Contact: Sarah E. Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8155, E-mail: 4pwlinfo@dec.ny.gov


New York State Department of Environmental Conservation (NYS DEC) Is extending the Availability for Comment on the Draft State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems, draft GP-0-22-002

This notice announces the extension of the availability of the draft renewal of the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems, draft GP-0-22-002 and Fact Sheet for public comment.
Public comment on this document will be now be accepted through March 7, 2022.

Background:

Pursuant to Section 402(p) of the Clean Water Act (CWA), 40 CFR 122.26, and 40 CFR 122.32(a), discharges from small municipal separate storm sewer systems (MS4s) located in urbanized areas, and those additionally designated by New York State Department of Environmental Conservation (NYS DEC), must be authorized by a National Pollutant Discharge Elimination System (NPDES) permit or by a state permit program. New York's State Pollutant Discharge Elimination System (SPDES) program is an approved program with permits issued in accordance with title 8 of Article 17 of the Environmental Conservation Law (ECL).

In conformance with the United States Environmental Protection Agency's (US EPA) Comprehensive General Permit approach and 40 CFR 122.28(d), the draft GP-0-22-002 contains all of the terms and conditions, minimum control measures (MCMs), and related requirements. This includes responsibilities of the MS4 Operator, such as specific tasks, BMP design requirements, performance requirements, schedules for implementation and maintenance, and frequency of actions.

Only those small MS4 Operators who obtain permit coverage in accordance with this SPDES general permit are authorized to discharge stormwater from their small MS4 under this SPDES general permit.

Regardless if the MS4 Operator is newly designated or continuing coverage, authorization to discharge under this SPDES general permit requires the submission of a complete notice of intent.

This project is an Unlisted Action under the State Environmental Quality Review Act. A Negative Declaration is on file for SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (GP-0-22-002). A coordinated review was not performed in accordance with 6NYCRR Part 617.6(b)(4).
Information:

The draft GP-0-22-002 and fact sheet can be found on NYS DEC's website at: https://www.dec.ny.gov/chemical/43150.html. Information about presentations on the draft GP-0-22-002 is also available on the NYS DEC website at: https://www.dec.ny.gov/chemical/43150.html. The SWMP Plan Components tool and Compliance Items Summary tool, found on the MS4 Toolbox page at: https://www.dec.ny.gov/chemical/8695.html are serving as informational documents only.

Written comments must be formally submitted, mailed or emailed, to the contact listed below by the close of business, March 7, 2022. If submitting comments by e-mail, please include "Comments on the Draft SPDES General permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (GP-0-22-002)" in the subject line. Constructive criticism, as well as support for permit conditions, is welcomed.

Contact: Ethan Sullivan, NYS DEC - Division of Water, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Email: MS4GP@dec.ny.gov


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