Comment Period Extended to 12/6/2021 - Notice of Availability for Public Comment - Division of Water Technical and Operational Guidance Series (TOGS) Related to the Control of PFOA, PFOS and 1,4-Dioxane.

The New York State Department of Environmental Conservation (NYSDEC) Division of Water (DOW) is releasing three draft Technical and Operational Guidance Series (TOGS) documents for public review and comment. The draft TOGS documents being released include:

· Addendum to "TOGS 1.1.1: Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations." The draft TOGS addendum establishes water quality guidance values (GVs) for Perfluorooctanoic acid (PFOA), Perfluorooctanesulfonic acid (PFOS), and 1,4-Dioxane.

· A revision of "TOGS 1.3.7: Analytical Detectability and Quantitation Guidelines for Selected Environmental Parameters." The revision establishes how NYSDEC selects analytical test methods for water quality monitoring and determines reporting limits for those methods. There are limited methods approved by State or Federal oversight bodies for PFOA, PFOS, and 1,4-Dioxane, therefore this TOGS provides critical guidance on how to select analytical test methods for monitoring of these compounds.

· A new "TOGS 1.3.13: Permitting Strategy for Implementing Guidance Values for PFOA, PFOS, and 1,4-Dioxane." The new TOGS establish how the GVs for PFOA, PFOS, and 1,4-Dioxane will be applied to SPDES permits. This guidance will take effect when the GVs are issued.

New York State Department of Health (DOH) adopted Maximum Contaminant Levels (MCLs) for PFOA, PFOS, and 1,4-Dioxane (1,4-D) in August of 2020. While the DOH MCLs provide protection for finished drinking water, NYSDEC's proposed GVs and supporting TOGS will provide timely and parallel protection of ambient waters, including those used as drinking water sources. The proposed GVs for PFOS and 1,4-D also provide protection for aquatic life and the associated fishing best use.

Public Comment on the Draft TOGS

The 30-day public comment period commenced on October 6, 2021. Written statements may be submitted to NYSDEC, 625 Broadway, 4th Floor, Albany, NY 12233-3500, ATTN: Michelle Tompkins or by email to AWQVinformation@dec.ny.gov. Written statements must be submitted to the NYSDEC by 5:00 PM on December 6, 2021. Previous comment deadline was November 5, 2021.

Available Documents

The full text of the draft TOGS documents and additional supporting information can be found at https://www.dec.ny.gov/chemical/122803.html or by contacting the NYSDEC (see below).

Contact: New York State Department of Environmental Conservation, 625 Broadway, Albany NY 12233-3500, ATTN: Michelle Tompkins, Phone: (518) 402-8233, E-mail: AWQVinformation@dec.ny.gov

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Pursuant to the Environmental Conservation Law sections 3-0301, 11-0303, 11-0305, 11-1301, 11-1303, and 11-1319, 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 10. This notice will be published in issue 43 of the State Register, dated October 27, 2021. These revisions are in regard to reducing the statewide daily possession limit for sunfish, increasing the statewide minimum size limit for crappie, and implementing special sunfish fishing regulations in select waters to provide opportunities to catch larger fish.

For further information, please contact:

Jeff Loukmas
NYS DEC - Division of Fish and Wildlife
625 Broadway
Albany NY 12233-4753
Phone (518) 402-8897
E-mail: Jeffrey.Loukmas@dec.ny.gov