NYSDEC Stormwater Design Manual Update

The New York State Department of Environmental Conservation has updated the New York State Stormwater Management Design Manual. The official release date was August 4th, 2010. The latest addition to the Design Manual is intended to address runoff reduction and planning and design of green infrastructure. Many comments recieved durning the public notice have been incorporated into the updated chapters. The new Design Manual is available for download from the NYSDEC webpage.

New York State 303(d) List 2010

The 2010 list of impaired water bodies in New York State is available here.

63 waterbodies were removed from the 2008 list, while 104 were added. There was an overall 5% increase, but this is slightly misleading. Most of the new additions are because of increase assessments, not necissarily because they are newly impaired. A number of new listings are because of Brown Tide and Cladophora which were previously not listed on the 303(d)list because of the uncertaintly in the effectiveness of TMDL's as an approach to the problem.

This graph was used by NYSDEC to show the frequency for which a source was reference as a significant contributing factor for listing.

Landlords and Property Managers - Know the EPA Lead Disclosure Rule!

A Boston landlord faces charges of nearly $85,000 for not disclosing lead hazard information. The federal Disclosure Rule is meant to provide tenants with adequate information about the risks associated with lead paint before they sign a lease.

Federal law requires property owners, property managers, and real estate agents leasing or selling houseing built before 1978 to provide certain information to tentants and buyers including the EPA brochure "Protect Your Family From Lead in Your Home", lead warning statements, statements disclosing any known lead based paint or lead based paint hazards, and copies of any available reports.

Property owners, property managers, and real estate agents all share equal responsibility for disclosure and must keep records for a minimum of 3 years. So, know your role or you could end up with heafty fines.

EPA Announces Public Meetings on Hydraulic Fracturing - New York

The EPA is hosting four public information meetings on the proposed study of the relationship between hydraulic fracturing and its potential impacts on drinking water. The meetings will provide public information about the proposed study scope and design.

The public meetings will be held on:

• July 8th from 6 p.m to 10 p.m. CDT at the Hilton Fort Worth, Texas


• July 13th from 6 p.m. to 10 p.m. MDT at the Marriot Tech Center's Rocky Mountain Events Center in Denver, Colorado


• July 22nd from 6 p.m. to 10 p.m. EDT at the Hilton Garden Inn in Canonsburg, PA


• August 12th at the Anderson Performing Arts Center at Binghamton University for 3 sessions - 8 a.m. to 12 p/m., 1 p.m. to 5 p.m. and 6 p.m. to 10 p.m. EDT

Natural gas plays a vital role in our nation's clean energy future and hydraulic fracturing is one way of accessing this important resource. However, serious concerns have been raised about hydraulic fracturing's potential impact on human health, drinking water, and the environment. To address these concerns, EPA announced in March that it will study the potential adverse impact that hydraulic fracturing may have on drinking water.

RRP Lead Clearance Testing - Reopening of Comment Period

Today, the EPA reopened the comment period for an additional 30 days; until August 6, 2010. EPA issued a proposed rule in the Federal Register of May 6, 2010, concerning serveral revisions to the 2008 Lead Renovation, Repair, and Painting Program rule. In that document, EPA included additional requirements designed to ensure that lead-based paint hazards generated by renovations work are adequately cleaned after renovation work is finished and before the work areas are re-occupied. Get your comments in before August 6th!

Lead RRP - Opt-Out Provision REMOVED

On May 6th, 2010, the EPA announced is was removing the Opt-Out Provision from the newly effective Renovation, Repair and Painting Program, better known as RRP. The effective date is July 6th 2010

Shortly after promulgating the RRP rule, the Opt-Out provision was challenged by a lawsuit. EPA decided to settle, and as part of it's settlement, EPA agreed to remove the Opt-Out provision. Citing the Federal Register,

After further consideration of the opt-out provision, the Agency believes it is in the best interest of the public to remove the provision. EPA believes that the opt-out provision is not suffciently protective for children under age 6 and pregnant women, because it does not provide protection from improperly performed renovations for visiting children and pregnant women; for children and pregnant women who move into a newly purchased house that was recently renovated under the opt-out provision; and for children and pregnant women who live adjacent to a home where the exterior is being renovated under the opt-out provision.

Also in these ammendments are changes to the record keeping and reporting requirements. The Certified Firm must make all records required per Section 745.86(c) and (d) available to the owner, occupant, tenants, or parents and gaurdians.

EPA Extends Comment Period on ANPRM for Changes to PCB Regulations

On April 7, 2010, the EPA issued an Advanced Notice of Proposed Rulemaking affecting the PCB Regulations under TSCA. Comments were to be recieved by July 6th but have been extended to August 20, 2010.

EPA is reassessing the regs to address:

• The use, distrubution in commerce, marking, and storage for reuse of liquid PCB's in electric and non-electric equipment
• The use of 50 ppm for excluded products
• The use of non-liquid PCB's
• The use and distribution in commerce of PCB's in porous surfaces
• and the marking of PCB articles in use

EPA is really taking a hard look at these regulations; citing aging equipment, spills, and international developments as their reasons. PCB laden caulk is discussed, and EPA is seeking comments on whether 50ppm should be used as the level for excluded products.

See the Federal Register April 7th, 2010, Vol. 75, No. 66