RESPONSE TO PUBLIC INPUT
ON THE NEW YORK STATE/EPA
        AGREEMENT

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AGREEMENT ON THE DEVELOPMENT AND  IMPLEMENTATION OF NEW YORK  STATE'S
WATER QUALITY MANAGEMENT PROGRAM  BETWEEN THE COMMISSIONER OF THE NEW
YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE  REGIONAL
ADMINISTRATOR, -REGION II, UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY.

The Regional Administrator  of Region  II of  the United States
Environmental Protection Agency  (EPA) and the Commissioner of the
New York State Department of Environmental  Conservation  (NYSDEC) do
hereby enter into  an agreement for  the development and implementation
of New York State's Water Quality Management Program.

SCOPE OF AGREEMENT
The Scope  of the Agreement  consists  of  the  following:

      (a)   The March  28,  1978  draft agreement  document.

      (b)   Responses  to public input  on  the  New York  State/EPA
           Agreement.  The responses  override  some portions  of  the
           draft agreement document and  also indicate areas  in  the
           agreement  document  that will  be changed in the  annual
           update.

      (c)   Summary  of Funding  Priorities - This contains funding
           amounts, sources  and intended uses  of nearly $600 million
           of Federal and State funds.   The  funds are subject to
           State and Federal budgetary processes.

BACKGROUND

On March 28, 1978  a draft agreement  was initialed by both agency
heads  and  submitted to fourteen public  meetings and  four  public
hearings.  A great amount of  interest was expressed  and many comments
were received.  The comments  have been  carefully reviewed and  analyzed
and a  response document  has been prepared.  NYSDEC has also completed
tables that establish the timing, costs and sources  of funding for
the activities presented in the agreement.  EPA is reviewing the
tables and, when approved,  the tables will  be included as part of
the first  update to the  agreement.

NATURE OF  AGREEMENT

The Agreement provides a firm guide  for the many program  grant plans
developed  and underway in this fiscal year  and for those  under
preparation now for the  approaching  fiscal  year.

The State/EPA Agreement  shall be interpreted  to be consistent  with
Federal and State Statutes  and Regulations.   To the  extent  the
Agreement  is inconsistent with Federal  and  State Statutes and
Regulations, the Agreement  shall not apply.

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                                                                 2.
This agreement shall take effect upon execution by both parties and
remain in effect for one year unless terminated in whole or in part
by either party, provided that thirty days written notice is_given
by the party initiating such termination to the other party, or
until it is rescinded by mutual agreement.

MODIFICATION

This agreement shall be amended as necessary on an annual basis.
This agreement may be amended at any time by formal written
agreement of both parties.
New York State Department of
 Environmental Conservation
Peter A. A. Berle
Commissioner
Date :
        /
                                     Envi
           al Protection Agency
 fckardt C.~"Beck
Regional Administrator

Date:

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                                INTRODUCTION
A significant amount of public comment has been received on the draft
New York State/EPA Agreement.  The comment falls in three categories:

          1.  Input received at public meetings held in each
              of the six designated and eight non-designated areas
              of the State.

          2.  Testimony received at the public hearings held in
              Buffalo, Rochester, Albany and New York City.

          3-  Written comments on the Agreement sent to EPA and NYSDEC.

This document presents a summary of the public comment which was
received, and describes how the Agreement has been or will be modified
to respond to it.  It should be emphasized that the summary of public
comment does not attempt to restate all the comments which were
received.  Comments were grouped by topic, analyzed, and briefly
paraphrased.  The total public record is cited in Appendix A and is
available for review at the EPA New York Office and the NYSDEC Albany office.

It is our position that this careful review analysis and response to the
public comment finalizes this first attempt at preparing a comprehensive
State/EPA Agreement.  It should be noted that public comment was solicited
and welcomed, and that the public suggestions will result in substantial
improvements to the Agreement in the next update.  The Agreement will be
modified on a continuing basis.  The preparation of next year's Agreement
will begin in February-March, almost as this draft is completed.

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                               General  Comments


Public reaction to the draft NYS-EPA Agreement was  mixed.   Many  reviewers
commended the state and EPA for developing such  a comprehensive  water
quality management tool, and applauded  the Agreement as  a  valid  attempt
to integrate programs under the Clean Water Act  and other  federal  and
state legislation.  Other reviewers objected to  adoption of the  Agreement
in its present form, citing insufficient public  participation  in developing
the Agreement and the absence of a specific role for local  government  in
implementing it.

Comments were received on a wide range  of subjects.  Subsequent  sections of
this chapter will deal with specific comments on technical  subjects.   But
before those issues are addressed, there is a need to respond  to the general
philosophical and procedural comments made by reviewers.  This section attempts
to do that, although its exclusion of the many positive  and favorable  comments
received makes it less than representative of the general  reaction to  the
draft Agreement.

For the sake of clarity, we have divided the general comments  into five,
somewhat overlapping categories: Public Participation and  Review Procedures,
Intergovernmental Cooperation, Purpose  and Scope of the  Agreement, Priorities,
and Implementation.

Public Participation and Review Procedures

Largely because the NYS-EPA Agreement was the first comprehensive Agreement
of its kind developed in any state, certain logistical  problems  were apparent.
The public complained that there were not enough copies  available for  review,
and that when copies were obtained, review was made difficult  by the sheer
volume of the document and the extraordinarily detailed  fashion  in which  it
was written.  The public also questioned the rather formal  and finished
appearance of the Agreement, believing  that even though  it was labeled a  draft,
the state and EPA would be reluctant to make substantial changes in it.

Central to all of these issues is the unprecedented nature of  the NYS-EPA
Agreement.  When it was begun, there were no previous agreements or published
procedures to guide its development.  There was  no way to  predict the  size
of the finished document or the level of public  interest it would generate.
As it turned out, insufficient funds were available for printing, and  only 500
copies of the 800-page draft Agreement  were produced.  The limited supply
was distributed as fairly as possible;  copies were sent to state agencies,
regional planning boards, local officials, and selected private  and public
interest organizations.  In addition, copies were made available for loan
or onsite review at each of the nine regional DEC offices  and  at major
public libraries across the state.

Both the state and EPA realize that the length of the document and its
rather detailed style are drawbacks to  widespread distribution and public
review of the Agreement.  In the future, as suggested by several  reviewers,
the state and EPA will prepare an Executive Summary for general  distribution

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                                     -2-

and will make the complete text available for reference at key locations.
This is one way to encourage a high degree of public participation, which
is a prime objective of both the state and EPA.

Another key to public participation was the series of fourteen public
meetings and four public hearings held on the draft Agreement.  Although
a concerted effort was made to alert all interested parties to these
meetings and hearings, some reviewers felt that the notification procedure
was inadequate.  Further, they felt that the confusion arising from inadequate
notification, added to the already mentioned difficulties in obtaining copies
of the draft Agreement, cut into the public review period to such an extent
that a thorough review was impossible within the established timeframe.

The public notice procedure followed by DEC and EPA consisted of mailing
notices directly to approximately 10,000 individuals and groups known, or
thought, to be interested in the draft Agreement. Notifications were published
in several newsletters, including DEC'S Environment, EPA's Region II Report,
and many of the 208 agency newsletters.  With a grant from EPA, the Center
for Environmental Information conducted a public information campaign of
modest size.  In addition, a press release was issued before the start of
the public hearings.

Despite the large number of notices distributed, confusion did exist, and
DEC and EPA decided to extend the review period beyond the close of the last
public hearing.  The review period was rescheduled to close on August 15, 1978,
However, all comments received, regardless of their date, were accepted.

The problems encountered in coordinating the public participation aspect of
the draft Agreement led reviewers to suggest improvements.  Some reviewers
were concerned that since the draft Agreement went to public review missing
certain chapters, namely those on Air and Other Environmental Programs, there
would be no further opportunity for public participation in the development
of the remainder of the Agreement.  These reviewers noted that full public
involvement in all  parts of the Agreement is essential.  Other reviewers
went further, recommending that the Agreement not be signed until a model
public participation program is developed and reviewed by citizens.

The need for full public involvement in the development of the Agreement is
acknowledged.  As with all elements of the Agreement, the chapters omitted
from the draft Agreement because of their preliminary status will not be
added until  the opportunity for full  public involvement has been afforded.
However,  nothing is to be gained by delaying signing of the Agreement
pending development of a model  public participation program.  Ongoing pro-
grams covered in the Agreement require guidance now.  Moreover, public
involvement has not been absent from the development process.  In September
1977,  when work on  the Agreement began, a meeting was held to solicit input
to the Agreement from representatives of the six designated areawide planing
agencies in  New York and from the state, along with public advisory committees
in the non-designated portions of New York.  The Citizens' Union has also

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                                    -3-

been active in the development process, serving as a Clearing-house for
several public interest groups in critiquing the Agreement from its earliest
draft stage.  The public hearings and the request for written comments on
the draft Agreement were intended to bring the Agreement to the attention
of the general public as well as the special interest groups.

Considering the pilot program status of this Agreement, the level  of public
response has been encouraging.  However, the state and EPA agree that there
is room for improvement.  The NYS-EPA Agreement was the first attempt at
comprehensive state-federal water quality management planning, and to a
large extent, the details of what an Agreement should cover and who should
be involved in its preparation evolved along with the Agreement.  The
experience gained during preparation of the NYS-EPA Agreement has been used
in revising and codifying EPA's Water Quality Management Regulations (40 CFR,
Part 35).  When these regulations are published in final form or provided
in the form of guidance, they will constitute standard procedures for develop-
ing all future state-EPA Agreements.  Some reviewers suggested that the
Agreement was not in conformance with these draft regulations.  The agreement
which is in conformance with existing regulations (40 CFR, Parts 130 and 131)
and with the spirit and intent of those proposed, will be kept current with
revisions as they occur.  Moreover, the opportunity for public participation
in the Agreement does not end with its initial signing.  The Agreement is
an ongoing process, subject to renegotiation annually.  Next year, public
involvement will begin at the earliest stage of development of the update
to the/Agreement.

Apart from the federal regulations to which the Agreement is subject, some
reviewers maintain that the Agreement should also be subject to the environ-
mental assessment requirements of New York's State Environmental Quality
Review Act (SEQR).  This will be considered in the next update of the Agree-
ment.

Intergovernmental Cooperation

Closely related to the public participation concerns voiced by reviewers
were their concerns about the role of local and regional agencies in
developing the draft Agreement.  Many reviewers felt that the lack of a
significant local role in developing the Agreement impaired its effectiveness,
and some of these reviewers contended that the Agreement should not be signed
until it was revised to reflect local priorities.

Most of the concern and confusion centered on the role of areawide planning
agencies and the relationship between 208 water quality management plans and
the Agreement.  Reviewers pointed out that EPA's proposed water quality
management regulations will, when published, require full participation of
designated areawide planning agencies in the development of state-EPA
Agreements.  Reviewers also pointed out that the 208 plans being developed
by the areawide planning agencies should govern the program strategies set

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                                     -4-

forth in the Agreement,  particularly  the  program  strategies  for  nonpoint
source control.

One reason this  relationship  was  questioned  is  that  the  208  plans  have  not
yet been adopted,  certified,  and  approved.   When  the certification and
approval process is complete,  the 208 plans  will  form the  basis  for revising
the Agreement,  as  descriped in Chapter 3B.   Therefore, the program strategies
in the Agreement will  indeed  be governed  by  the 208  plans.  The  descriptions
in Chapter 3B will  be  expanded to further clarify the relationship between
208 plans and the  Agreement.

Beyond questions about the relationship between the  Agreement and  areawide
planning, many reviewers expressed concern about  the implications  of the
Agreement for individual localities.   This is understandable since the
Agreement is not now area-specific.   The  draft  Agreement does establish
the framework and  set  the priorities  for  development and implementation of
the state's water quality management  program.   However,  the  state  and EPA
recognize the need to  make the Agreement  fully  responsive  to local needs,
and will therefore take the following steps:

     1) Working  with the designated areawide planning agencies,  DEC will
        start to define the program development needs and  responsibilities
        in each  of the six designated planning  areas and in  the  non-
        designated portion of the state.   The result of  this will  form
        the basis  for  revising Chapter 2C of the  NYS-EPA Agreement.

     2) As the 208 water quality  management  plans are adopted certified,
        and approved,  they will define the roles  and responsibilities
        for implementing the  state's  water quality management program
        in both the designated and non-designated planning areas.   These
        will then be reflected in revisions  to  the Agreement.

Although the principal responsibility for water quality  management programs
in New York State rests with  DEC  and  EPA, certain other  agencies administer
programs involving both water quality managment planning and implementation.
Several reviewers  thought that these  agencies should participate in the
development of the Agreement  in proportion to their  involvement  in water
quality management.  The Delaware River Basin Commission,  the New York
State Department of Health, and the New York State Department of Transpor-
tation are three such  agencies.  They have each proposed modifications
to the Agreement to reflect their water quality management responsibilities,
and appropriate  modifications will be made in the next  Agreement.

Not only the activities of other  agencies, but  those of  other contiguous
states could have  a bearing on the programs  and strategies outlined in  the
Agreement.  Both the state and EPA agree  with reviewers  that a discussion
of interjurisdictional, especially interstate,  issues should be  added to
the Agreement.   Chapter 3A will be modified  accordingly.

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                                     -5-

Purpose and Scope of the Agreement

Most reviewers welcomed the idea of a coordinated state-federal  approach
to water quality management.  However, some reviewers  felt  that  the  funds
expended in developing the Agreement would have been  better spent  in
implementing solutions to water quality problems.  These  reviewers argued
that an increasingly disproportionate amount of the available  pollution
control funds is being spent on costly planning, administrative, and
regulatory programs that produce no immediate return  in the way  of water
quality improvements.

While it is true that planning and management concepts have assumed  greater
importance in the pollution control field in recent years,  this  is simply
a reflection of the experience gained with various operational programs.
Effective planning is essential not only to set the direction  for  the
operational programs but also to eliminate duplication of effort and to
use the available funds to best advantage.  Program implementation receives
by far the largest portion of the available pollution  control  funds.  The
funds expended on developing the NYS-EPA Agreement are comparatively small
and become even less significant when considered in light of the potential
water quality benefits.

Other reviewers, while they did not question the expenditure of  funds  on
the Agreement, objected to the Agreement's multi-year funding  commitments.
These reviewers recommended that the Agreement be developed using  annual
zero-base budgeting techniques.

First of all, the Agreement does not contain multi-year funding  commitments,
but five-year funding estimates.  This is in line with the current EPA
regulations governing water quality management; the regulations  require  a
level of detail and timing of water quality management plans to  comply with
the Clean Water Act (40 CFR, 130.11).  The regulations also require  a  state
strategy for preventing and controlling water pollution over a five-year
period (40 CFR, 130.20).  Thus the five-year timeframe is not only useful
from the standpoint of effective planning, but also entirely consistent
with the applicable regulations.  Actual funding commitments,  via  grant
contracts, cover only one year's activities.

Secondly, zero-base budgeting is only one of the many cost analysis  techni-
ques available, and perhaps not the most appropriate technique for use in
the Agreement.  However, cost-benefit analyses are being done through  the
various implementing programs, as described below.

Those who did not object to the Agreement on principle did, nevertheless,
have numerous suggestions for improving it.  Most of these suggestions
involved expanding the Agreement to cover issues, related to, or affected
by, water quality management.

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                                      -6-

One suggestion that the state and EPA intend  to  adopt  is  that  the  Agreement
begin with an environmental  policy statement  similar to the  Water  Resources
Council's principles of environmental  management.   Another suggestion
that will be followed is the expansion of  Chapter  3B to describe in  greater
detail the process for updating  the Agreement, especially in light of  EPA's
proposed water quality management regulations.

Many reviewers disagreed with the state and EPA's  decision to  present  the
draft Agreement without the  chapters on Air and  Other  Environmental  Programs.
These chapters were deferred because of their preliminary status.  Provision
of the water quality management  guidance contained in  the Agreement  would
have been unacceptably delayed if publication were held up pending inclusion
of these two chapters.  However,  the NYS-EPA  Air Agreement is  currently being
developed.  When both the Air and Water Agreements are completed,  an Air/Water
Interface Chapter will be added  to each.  It  may be possible to develop the
chapter on Other Environmental Programs in time  for inclusion  in the first
update of the Agreement.

The economic implications of the Agreement generated a great deal  of
interest.  Reviewers wanted  to know what the  direct costs would be of
implementing the Agreement,  and  what the indirect  costs would  be for
local government, private industry, and individuals.  Recommendations
that a cost-benefit analysis be  included in  the  Agreement were numerous,
as were recommendations that the Agreement's  energy implications be
analyzed.

The state and EPA will include in the updated Agreement cost data  for
carrying out the strategies, as  well as related  information  on sources
of funds, timing, and priorities.  Although  the  need for  a cost-benefit
analysis is understood, neither  the state  nor EPA  believes that the  Agree-
ment itself is the best vehicle  for conducting such an extensive analysis.
However, the results of programmatic cost-benefit  analyses could be  used
to modify the Agreement as necessary.  An  analysis of  the Agreement's
energy implications could be handled in the  same way.

Priorities

There was strong support among reviewers for  the priorities  established
in the Agreement, and some indication that other areas should be given
priority status.  The Agreement's emphasis on controlling toxic sub-
stances, especially in relation  to sources of public drinking water, was
most favorably received.  Several reviewers  took the position that pro-
tection of drinking water should be the highest  priority.  Other felt that
available funds should not be so heavily allocated to  correcting problems
and that preservation of high quality waters  was neglected.

The state and EPA agree that protection of public  water supply sources is
of the utmost importance.  Available pollution control funds have  never
yet been allocated on a strictly "worst first" basis.   In New York,  six
water quality management problems have been identified as requiring  priority

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                                     -7-

attention:  industrial discharges, municipal  discharges,  residual  wastes
(solids and liquids), combined sewer overflows, urban storm runoff,  and
hydraulic/hydro!ogic modifications.  Funds available for  dealing  with  these
six problem areas can be allocated to either correction or prevention,  as
necessary.  This issue will be one of those addressed in  the updated Agree-
ment's introductory environmental policy statement.

Nonpoint source pollution control was frequently mentioned by reviewers  as
an area that should have been given priority status.  The reason  it  was  not
included was that insufficient data were available to determine its  state-
wide significance.  The general consensus among reviewers was that increased
monitoring of nonpoint sources was needed to determine the magnitude of
the problem in New York State and to develop cost-effective nonpoint source
control programs.

Monitoring is, of course, essential to the overall nonpoint source management
program.  In terms of nonpoint sources, monitoring must cover activities  on
the land, the effectiveness of controls, and the instream impact.  Despite
current budget restrictions, some nonpoint source monitoring is planned.
However, since nonpoint source monitoring techniques are  not as well defined
as those for point source monitoring, the initial focus will be on the
development of an overall monitoring protocol based on the study of  selected
test basins.  Over the next year, the West Branch Delaware Basin  will  be
monitored; the information and techniques developed will  greatly influence
the nature and extent of nonpoint source monitoring in New York State.

Implementation

The prospects for implementing the strategies outlined in the Agreement
were a source of concern to reviewers.  Several pointed out that the
Agreement's effectiveness depends to a large extent on the personal  com-
mitment of the Commissioner of DEC and the Regional  Administrator of EPA.
A few reviewers suggested that the Governor rather than the Commissioner
of DEC sign the Agreement, to be consistent with EPA's proposed water
quality management regulations.

Without doubt, the Commissioner and the Regional Administrator must be
personally committed to the implementation of the Agreement for it to
succeed.  Both officials have expressed their strong support for the
Agreement.  Their respective agencies have worked closely over an extended
period of time to produce an Agreement that they consider both reasonable
and workable.  Under the existing regulations, the Commissioner of DEC, as
head of the designated state water quality management planning agency, has
the authority to sign the NYS-EPA Agreement.  Any changes in the regulations
governing state - EPA Agreements will be complied with as they occur.

Several reviewers indicated that implementation of the Agreement would be
hampered by a lack of state staff and federal resources.   They suggested
that priorities be carefully established and that a greater role be given

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                                     -8-

to local  government in implementing the Agreement.   Both the state and EPA
agree that these are essential  to the successful  implementation of the Agree-
ment.

In addition to developing strategies and setting  priorities, reviewers
noted the importance of establishing milestones and assigning responsi-
bilities.  They also questioned whether there  was too much emphasis on
regulation in the Agreement and not enough on  incentives.   The state and
EPA will  include both milestones and responsibilities in the various work
plans that will  be developed in comformance with  the Agreement, progress
reports will  also be required.   The Agreement  seeks to strike a balance
between regulation and incentives,  and this goal  will  be included in the
updated Agreement's introductory environmental  policy statement.

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                                 COMMENTS


                        WATER QUALITY ASSESSMENT

                           (1 and Appendix A)
Numerous comments were received on the water quality assessment in
the Agreement.  These comments are especially important since the
water quality assessment provides the basis for the priorities
established in the Agreement.

 1. Several reviewers questioned the overall framework used to
   analyze water quality and to select priority problems.

   a.  The Citizen's Union, acting as a clearinghouse for a number
      of reviewers, commented that the framework for the analysis
      (the listing of water quality management problems) is fund-
      amentally flawed.  They indicate that the problems are not
      management problems, and they include an alternative list of
      water quality management problems.

    b. The Citizen's Union also indicates that the seventeen basins and
      fourteen areas selected are flawed in that they do not define the
      systems which must be managed comprehensively-  Another reviewer
      indicated that watersheds not political boundaries should be the
      basis for program decisions.

    c. One reviewer indicated that no discussion was included relating .
      the problems to the goals of the Clean Water Act.  A water quality
      management problem should be added .... "Fishable, swimable water
      quality impairment."

 2. One reviewer suggested the need for better scientific justification
   for program decisions.  Input should therefore be solicited from
   the academic community.

 3.Many reviewers commented on the overall  priority assifgned to categories
   of water quality management problems.

    a.Several  comments indicate that on-lot disposal should receive a
      higher priority, especially in rural  areas.

    b.Several  comments indicate that the Agreement gives inadequate
      attention to radioactive wastes.

    c.Several  comments indicate that the Agreement emphasizes urban
     'problems at the expense of rural areas.

    d.Several  comments indicate that the maintenance of high quality
      waters should receive greater attention.

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   e.  One  reviewer  suggested  that higher priority be given to
      environmentally  unsound development and to vessel wastes.

   f.  A large  number Of  reviewers questioned the reasons why non-
      point  source  pollution  was not selected as a Statewide priority.
      One  reviewer  suggested  that nonpoint source problems should
      receive  greater  attention since they are amiable to lower cost
      non-structural solutions.

   g.  One  reviewer  suggested  that aquatic weeds should be considered
      a pollutant.

4. Reviewers in  a number of areas commented specifically on the water
   quality problems specific  to that area.

   a.  Specific,  detailed comments on the assessment were received from
      the  Delaware  River Basin Commission, the Erie and Niagara Counties
      Regional Planning  Board, the Town of Tonawanda Environmental Com-
      mission  and the  Erie County Department of Environmental Protection.
      The  comments  will  not be repeated here.

   b-  Westchester County indicated that the assessment did not reflect
      the  priorities previously submitted by Westchester.  In almost all
      cases, priorities  had been downgraded.

   c.  A reviewer stated  that  WQ problems on the Genessee River resulting
      from irrigated agriculture and erosion should receive more attention
      as should  construction  sediments in the Newark River.

   d.  A reviewer was particularly concerned with erosion along the Lake
      Ontario  shoreline  and wants higher priority to be placed on problems
      in and around the  Great Lakes.
                                                                      Q
   •e.  A reviewer stated  that  the primary problems of Tioga County relatwa
      to cultural acceleration of sedimentation and leachate from landfills.

   *•  Reviewers  indicated that arid rain is a high priority problem in
      the  Black  River  Basin and in DEC Region III (the Shawangunk Mountains),

   g.  Several  reviewers  noted that salt from de-icing causes significant
      groundwater problems in Central New York, and in the Rochester area.

   h-  A reviewer indicated that problems in the Chemung River Basin should
      receive  higher priority attention.

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                               RESPONSES

                     WATER QUALITY ASSESSMENT
                             (1 and Appendix A)
1- a-       We disagree that the framework for the analysis is flawed; we do
          recognize that certain terms used are not properly defined.  It
          would be  more appropriate, for example, to replace the  term
        •  "Water Quality Management Problem" with the  term "Activities
          Which Cause Water Quality Problems".   The framework for  the
          water quality assessment will be reviewed and improved during
          the first update.  Management issues are discussed in Chapter 3.
1. b       We believe that the approach taken to define water quality
          problems using the Statewide basin breakdown and the 208
          management planning areas is adequate.  Identification of systems
          to manage water quality problems may be on either a watershed
          or political boundary basis, or combination of these two.  The
          management system recommendations in the certified and
          approved 208 plans are intended to become  part of the Agreement.
1. c       The specific term "fishable,  swimmable waters",  as  a goal of the
          CWA,  is not defined in the Agreement, However, the goals of the
          Act are embodied in the State's water quality standards.   The
          basis for conducting the water quality assessment is the water
          quality standards.  "Fishable,  swimmable water quality impair-
          ment" is not an activity which causes "water quality problems"
          and therefore, will  not be listed as such.
2.         We agree that more input is needed from all segments of the
          public concerning program decisions,  including the scientific
          and academic community.  A more comprehensive public
          participation system will be recommended in the Statewide water
          quality management plan which will become part of the Agreement.
3. a-g     Several suggestions were made about the selection of priority
          water quality management problems in the Agreement.  It is
          recognized that different people will have different perspectives
          on what are in fact water quality problems for any geographical
          area.  These priorities will be reviewed in the first update  of
          the Agreement.  Completion of the Statewide water  quality
          management plan will provide additional information which will
          serve as the basis  for possible restructuring of water quality
          pollutant and water quality management priorities.

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4. a-h     Many comments were received recommending particular water
          quality problems for specific geographical areas.  These
          recommendations together with the recommendations of the
          Statewide water quality management plan will serve  as  the basis
          for the first update of the Agreement.

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                                COMMENTS


                     COMBINED SEWER OVERFLOWS
                            2.A.4


l.      Several  reviewers commented on this chapter.   They made the
       following comments:

      a.  The Agreement properly emphasizes nonstructural  solutions,
          cost factors, alternative analysis,  "demo" projects, and
          the need for legislative amendments.

      b.  When evaluating the cost effectiveness of structural and  non-
          structural  approaches to dealing with urban runoff and CSO's,
          the benefits and costs should also be allocated among water
          quality improvements, soil retention, and  decreased flooding
          damages.

      c.  EPA should  be more flexible in 201 funding of CSO projects.
          Exclusions  of costs because they result in flood protection
          are not appropriate since the sewers  serve a dual purpose.

      d.  More emphasis should be placed on O&M issues and demonstration
          projects.  O&M problems and "demo" projects are mentioned in
          the chapter introduction but not in  "strategies and activities."
          They should also be discussed in "strategies and activities."

      e.  The role of 208 agencies in developing solutions to CSO problems
          should be described in the "strategies and activities" section.

      f.  Extensive water quality sampling should be done in order  to
          identify problem areas before "demo"  projects begin.

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                                  RESPONSES

                           COMBINED SEWER OVERLFOWS
                                    2.A.4
.l...a     No Comment

.l.b-c   "These factors must be and are considered in evaluating combined
        sewer overlfow projects in the 201 facilities planning process.
        Current federal regulations restrict the eligibility for funding to
        those project elements related to water quality improvements.  Since
        both conveyance of storm water runoff to alleviate flooding and water
        quality improvements are integral elements of a combined sewer overflow
        .project, they must be evaluated together when developing alternative
        .solutions _in any particular project.  New York State Department of
        -Environmental Conservation feels that unless all aspects of the project
        are determined eligible for Federal funding, the community will find
        it difficult to finance its share of the project.

l.d     :Each combined sewer overflow system is unique in terms of the capa-
        bilities of the system to minimize overflow and the impacts on the
        receiving water.  Operation and maintenance of the system is one of
        the-key factors for minimizing overflows -and this should be stressed
        -.in the development of management solutions.  USEPA has funded many
        demonstration projects over the past 10 years in an attempt to obtain
        information on the effectiveness of structural and non-structural
        solutions.  Although some demonstration projects may be warrented,
        -it is now time to integrate the results of past demonstration projects
        into viable combined sewer overflow abatement projects.  These concepts
        will be introduced in the first update of the Agreement.

 i.e    Designated 208 agencies do have an important role and some have included
        .the development of solutions to combined sewer overflow problems
        where they have been identified as priority water quality problems.
        These will be included in the Agreement after the certification and
        approval of designated agency plans.

 l.f    .Extensive sampling to determine the impact of combined sewer overflows
        will be required of the community during the 201 - facility planning
        process.   A combined sewer overflow strategy will be included in the
        draft of the Statewide 208 Plan.

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                                 COMMENTS

                        URBAN STORM RUNOFF
                             2.A.5
Reviewers of the urban storm runoff chapter had the following comments:

 1-    The statements on pages 2-31 and 2-32, which indicate that the
      existing N/SPDES program does not cover urban runoff, are in-
      correct.  Since urban runoff is covered by N/SPDES, these
      reviewers state that:

      a. DEC should utilize existing authority to regulate stormwater
         discharges.

      b. CSO's need not have a higher priority than urban runoff.

 2.    Prevention (e.g. street sweeping, etc. ...) should be emphasized
      in the control of urban runoff.

 3.    201 funding should be made available for the control of urban
      runoff.

 4.    Control methods should be carefully developed before they are
      imposed through regulatory programs.

 5.    It is essential that urban runoff storage facilities be developed
      to allow for subsequent treatment to eliminate toxic pollutants.

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                                  RESPONSES

                             URBAN STORM RUNOFF
                                    2.A.5


l.a+b   Urban runoff is not exempt from the N/SPDES  permit  program.   Because
        of the high priority for issuance of permits for point  source discharges,
        initiative has not been taken at either the  federal or  state  levels to
        issue permits for urban run-off.   Such permits may  be issued  where
        urban runoff is determined to have a significant effect on water quality.
        Such a determination has not been made at  this time. Available infor-
        mation indicates that urban runoff associated with  combined sewer
        overflows will have a higher priority over separate discharges of
        stormwater run-off.

2.      Prevention measures are important and will be emphasized in the
        Agreement update as well as in the strategies.

3.      DEC agrees and has so testified before Congress.  EPA is presently
        conducting a nationwide study of urban run-off which may result in
        recommended changes to the Clean Water Act.

4.      Agreed.

5.      Urban run-off storage facilities  and subsequent  treatment should be
        considered as one alternative to urban run-off pollution control.

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                          COMMENTS

             HYDRAULIC/HYDROLOGICAL MODIFICATIONS
                           2, A-6
 Several reviewers commented on this chapter.  They made the
 following comments:

a.  Hydrological modifications should not be considered to be a
    high priority problem.  The only water quality problem
    associated with hydroelectric dams is caused by minor flow
    modification.  The Agreement contained no evidence of other
    adverse water quality impacts of such dams.  For these
    reasons, the Reservoir Release Program and State Stream
    Protection Laws do not need to be amended.

b.  This chapter of the Agreement is too narrowly focused on flow
    regulation, release, and streambed alteration.  Dredging,
    resource recovery operations, channel modifications, with-
    drawal and recharge activities, construction impacts and mining
    should also be covered.

c.  One reviewer was concerned with disturbance of benthic deposits
    and also believed that salt water intrus ion needed to be worked
    into the discussion of flow changes.

d.  A task should be added to identify current hydro!ogic operating
    procedures in the State of New York.      CNY      should perform
    the task for the State and make recommendations on technical and
    institutional problems of existing hydrologic structures and-
    operations in the State.  A proposed work program for the task
    was sent in by Central New York.

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                                  RESPONSES

                     HYDRAULIC/HYDROLOGICAL MODIFICATIONS
                                            ~~
l.a     We disagree.   Chapter 1 (Water Quality Assessment)  cites  specific
        water quality management problems  in 6 major basins (the  Seneca-
        Oneida-Oswego, Upper and Lower Hudson Rivers,  Genesee,  Black,  St.
        Lawrence).   Problems include  reduced waste  assimilation capacity
        resulting from diversions for hydroelectric power and barge  canals,
        sedimentation, PCB's (and other in-place pollutants) in dredge spoils,
        increased stream temperature from construction  activity, and  others.
        In addition,  the state proposal for expansion  of the existing  legislation
        is designed to afford the state more direct control over  water quality
        related activities  and is appropriate.

l.b     Dredging and resource recovery operations are  covered in  Section 2.B.9.
        Channel modifications are covered  by New York  State's Stream Protection
        Law and will be added to the  Agreement as it is updated.   Construction
        and mining are mentioned in the NPS chapter and will be further
        discussed in future updates.

l.c     Benthic deposits (in place pollutants) are  discussed in the  Toxics
        chapter.  Potential for advancing  saltwater wedge in the  Hudson River
        is discussed in Chapter 1 (Water Quality Assessment).   Both  in-place
        pollutants  and saltwater intrusion will be  covered  in updates  to the
        nonpoint source section.   Saltwater intrusion  is also covered  in the
        Nassau-Suffolk 208  Plan.

l.d.     The task of identifying current hydrologic  operating procedures in
        New York State is implied in  item  #3 of the Strategy.   It will be made
        more specific.  This is a task that,  because it is  statewide in nature,
        will be undertaken  by NYSDEC.   Regional aspects could be  delegated to
        areawide agencies.

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                                     COMMENTS


                Construction Grants and Municipal Dischargers
                              2. B.I and 2. A. 2


 Comments in this subject area often referred to both chapters.  They are
 presented as one group to assure consideration of themf as a whole.

1.   Several comments referred to the employment of different types of
    technology for waste treatment, the evaluation of these alternatives
    in funding decisions, and the operation of these technologies.

    a- Cluster on-site systems, pressure collectors and land treatment
       must be compared fairly to traditional treatment technology in 201
       funding decisions.  An educational effort should be initiated to
       explain these methods.

    b. Advanced waste treatment is not always necessary, 201 funds should
       be available to determine whether they are or are not through stream
       studies.  Sound information for the current DEC waste load allocations
       is not always readily available.

    c. A permanent State Operation and Maintenance program is recommended
       with 25% State support.  Special 0 & M aid should be considered for
       high treatment technology facilities.

    d. Many 208 agencies commented on the role of their agencies in the
       grants and discharge control programs.
     e. The relationship  between*201 and 208 planning processes needs to be
       clarified.

     f. Designated agencies  should  be  included  in several of the construction
       grants activities particularly those concerning combined sewer over-
       flows, urban  storm runoff and  land treatment.  201 funds should be
       available to  208  agencies for  performing portions of facility planning
       needs such as population, waste load and flow projections.

     g. Maximum utilization  of  local personnel  and laboratories must be made
       in meeting the  important local need of  developing valid waste load
       allocations,  especially for smaller streams.

2.  Priorities for the program and overall objectives were discussed in
    several letters.

     a.. The use of the  statutory term  "fishable, swimable waters where
       attainable" should be clarified.  What  does it mean?

     b. Priority issues involve water  conservation, better operation and
       maintenance,  indirect discharge of toxics, and sludge disposal;
       many of these issues have not  been dealt  with.

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                                  - 2 -
    c.  Effluent limits should be reviewed.  Situation variable limits
        should be considered rather than rigid effluent limits.  "Secondary
      .  treatment" as ^requirement may be excessive for achieving ambient
       standards in warn estuarine waters.

    d.  The priority list system should be clarified and explained.

    e   New requirements regarding the evaluation of the effects of dischargers
        on downstream water supplies and water conservation and reuse should be
        evaluated carefully to avoid unnecessary dau^tH^m on small projects.
                                                tt**-dtk«p$
3,   In  the area of sanitary sewers and stormwater, several notes were received.

    a.  Urban storm runoff strategies must include quantity as well as water
        quality effects.

    b.  Every county should develop revised sanitary codes for the control of
        private sewage disposal.

    c.  The problem of separating sanitary and storm sewers has not been
        dealtl with.
                                    >"9
    d.  A policy is needed on regulatsap sanitary sewer overflows.

 Comments were also received on:

4<  The multi-use concept which calls for using treatment facilities where
    possible to fill open space needs s educational opportunities and, in
    some cases, recreation.

    a.  The existence of legal impediments to the multiple-use concept in
        special use sewer districts should be researched.

    b.  "Multiple-use'should be considered in a broad sense.  Not only for
        increasing the uses given a plant site, but also in uses of water
        quality funds in general.

5.  Other comments received included:

     a.  The question of leachate noted as "previously discussed" in this
        chapter (Municipal Discharges 2. A. 2) could not be found.

    b.  Local costs of disruption to private citizens due to construction
        should be considered in the grants program.

     c. The application procedures in the construction grants program must
        be simplified.  The State should not be delegated the construction
        grants program.  It will add to the costs.

     d.The agreement notes that DEC may undertake certain elements of 201
        planning that may best be done on the State level.  The specific
       elements should be determined in the agreement.
     e. Tfe  ftlvbtn^f   beftvt&n  D^t   SAtfcffM  AjWiMtrf   eu^rf

        U^p

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                              RESPONSES

         MUNICIPAL DISCHARGES AND CONSTRUCTION GRANTS
                             2. B. 1 and 2. A. 2
1. a       We agree that educational efforts are necessary to bring
          descriptions of new treatment techniques to the attention of
          municipalities and  their consultants.  Amendments to the 1977
          Clean Water Act require the evaluation of innovative and
          alternative technology, land treatment and the use of on-lot
          disposal systems.  New York will promote these systems
          through the expanded State management of  the construction
          grants program as required by Section 205(g).  The update of
          the Agreement will incorporate expanded elements of the State's
          Construction Grants program.
1. b       We agree that advanced waste treatment (AWT) is not always
          necessary to meet stream standards.  We will encourage the
          use of the 201 process  for the collection of water quality data
          necessary to assess waste load allocations.  National policy on
          AWT  has been recently developed to as SUB*  that AWT plants
          are necessary before they are built.
1. c       We agree that the State OfeM grant program should be continued.
          Changes to the program such as additional aid for high treat-
          ment technology facilities would require legislative changes and
          possibly additional appropriation.
l.d&f     The  role of 208 planning and management agencies  should be in-
          cluded in the water quality management plans which they develop.
          This role and the responsibilities of a planning vs.  a management
          agency should be recognized.  Continued planning functions
          delegated to 208 agencies can play a strong role in  the facilities
          planning process of the construction grant program.  Policy and
          regulations do not permit the granting of 201 funds  to planning
          agencies.  We will continue, however,  to encourage broad appli-
          cations of these funds,  as permitted by law, to assure that
          program functions are  carried out by the most capable institutions.
1. e       The relationship of 201 and 208 planning processes will be
          clarified in the first update of the Agreement.
1. g       We agree.

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                                     COMMENTS

                    I^PDES  and  Industrial Dischargers
                              2.B.2   and 2.A.1


 the  comments  received  on each  of these two  chapters of the agreement
 apply  to  both.   Any  modifications should consider both chapters as a whole.

l.   Several  inquiries were  received  which asked  for clarification of the
    role of  external  organizations in the NSPDES process.  These included:

    a.  A request  to describe  in this section standard setting authority as
        it  bears on permits.

    b.  Several 208 agencies suggested that the role of these agencies should
        include:   receiving  NPDES permit violation reports; carrying out
        economic investigations  (as suggested in  the chapter); coordinating
        the identification and establishment  of toxic control strategies;
        being included in the  development of  a statewide pretreatment strategy.

    c.  Others  noted that local  county and city officials and DEC Regional
        Offices should be involved in drafting "abatement schedules" along
        with  208 agencies.

2.   In  the area of "priorities" these points were noted:

    a.  Economic considerationsmust be weighed to avoid severe hardship.  If,
        however, this  becomes  a  program objective it, i.e. economic benefits,
        should  be  noted  "up  front" with other goals such as environmental
        and public health objectives.

    b.  In  classifying dischargers as "major" the presence of toxics is
        considered for industrial  emitters.   The  chapter notes that flow is
        primarily  used in classing majors among municipal dischargers.  Both,
        perhaps, should  be using toxics as a  factor for distinguishing majors.

    c.  Care  must  be taken not to set standards or regulations which are
        greater than those set by Federal law.  They may adversely impact
        industry and the State economy.

3.   Several  commentors  requested that program changes due to the passage
    of  the Clean  Water  Act  be reflected in the agreement.

    a.  This  should include  particularly those statutory changes regarding
        municipal  and  industrial  time extensions  and the fact that public
        notification of  permits  changes due to the Act should be required
        if  the permits are ever  made  less restrictive.

    b.  Also  the authorized  usage of  non-structural BMP's should be used
        in  permits for CSO problems.   Pilot CSO programs throughout the
        State should be  considered.

4.  Concerning the roles of different departments and agencies commentors
    noted:

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                               - 2 -
a. Waste load allocations should be prepared by the Bureau of Monitoring
   and Surveillance (NYSDEC) because they have the necessary verified
   stream models.

b. The enforcement of pretreatment standards may best be accomplished by
   DEC or EPA rather than local agencies.

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                                  RESPONSES

                       N/SPDES AND INDUSTRIAL DISCHARGES
                               2.B.2 and 2.A.I


l.a     Technology based effluent limits as established under Federal Law
        must be imposed as a minimum in N/SPDES permits where State water
        quality standards require more stringent controls than are imposed.

l.b     The role of 208 planning and management agencies in permit issuance
        should be developed through, the water quality management plan for
        the particular area.  This role will be incorporated into the Agree-
        ment as appropriate.

l.c     In accordance with federal and state law, development of industrial
        abatement schedules are the responsibility of DEC central and regional
        offices in conjunction with the particular discharges.  208 planning
        and local agencies can establish priorities for abatement to achieve
        desired water quality goals and so identify these priorities in the
        areawide water quality management plans.

2.a     We agree that economic considerations and economic benefits should be
        considered along with environmental and public health objectives.
        A clear statement of this and other principles will be added in the
        first update of the Agreement.

2.b     We agree.  Along with flow, the presence of industrial discharges in
        a municipal system are a factor in classifying municipal discharges
        as majors.

2.c     We agree that New York State's water quality standards and regulations
        should be consistent with criteria recommended by the Federal government
        to assure consistency with standards for adjacent states.

3. a     The first draft of the NYS/EPA agreement was drafted prior to enactment
        of the 1977 Clear Water Act.  However, before going to press changes
        were made incorporating many of these new statutory requirements.
        Additional changes will be made in the first update of the Agreement
        to reflect the statutory requirements of that Act.

3.b.    The requirement to utilize Best Management Practices (BMP's) to
        minimize the discharge of pollutants from industrial facilities will
        be incorporated into the renewal of industrial permits.  Considerable
        research has been conducted on the effect of Best Management Practices
        in reducing pollutants in combined sewer overflows.  BMP's will continue
        to be examined for inclusion in municipal permits.  See comment l.d
        in the combined sewer overflow section.

4.a     We agree that waste load allocations are the responsibility of and
        should be prepared by DEC.  For the category of first priority dis-
        charges, i.e. inadequately treated municipal and industrial effluents,
        this process has been relatively straight forward.  As we approach
        the correction of the next priority pollution sources, namely, combined
        sewer overflows, urban runoff and non-point source pollution, con-
        siderably more information will be required to establish allowable
        waste loadings.   Cooperative efforts of State and local agencies

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                                      -2-

        are necessary to obtain adequate  data to conduct  a cost-effective
        analysis of future  pollutant  load reductions.

4.b     Final regulations concerning  the  implementation of pretreatment
        requirements have been promulgated by EPA since the preparation
        of the draft State/EPA Agreement.  These regulations provide  for
        the delegation of pretreatment programs  to the State and local level.
        Local agencies will be encouraged to  adopt,  implement  and enforce
        pretreatment requirements.  DEC will  retain an overview  responsibility
        to oversee  local pretreatment  programs and may directly  undertake the
        implementation of this program for certain communities.   The  first
        update of the Agreement will include  a discussion of the proposed
        New York State pretreatment program.

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                                COMMENTS
                      NONPOINT SOURCE MANAGEMENT
                               2. 6-3
1.  Several  comments were received related to  the scope of the  non-
   point source chapter.

   a.  A number of commentors questioned why the  chapter dealt  only
      with  agriculture,  silviculture,  mining  and construction.   Sug-
      gestions were made that priority attention should also be  given
      to urban runoff, on-lot disposal, and in-place  pollutants  (ben-
      thic  deposits)) in areas where they are  major problems.   On-lot
      was cited as a major problem in  rural areas.
   b. The schedule for theAnonpoint source  chapter  should  be  presented.

2. A large number of reviewers commented on the  need  to  involve and
   utilize the expertise of local,  state and federal  agencies  in  the
   development of the State Nonpoint Source Management Plan.
                      •H*
   a. A main thrust ofAcomments was that the water  quality management
      program must fully utilize local  identification and  prioritization
      of nonpoint pollution problems and must pursue  the resolution of
      the problems on a watershed by watershed basis  within the context
      of overall  State guidelines.   DEC should delineate the  legal effect
      and applicability of these guidelines, or  minimum  standards of
      performance.  State mandates  regarding priorities  could  lead to
      inefficient use of funds to attack low priority problems in given areas,

   b. DEC must involve SCS, Soil and Water  Conservation  Districts, Coop-
      erative Extentions, Cornell University, SUNY  College of  Environmental
      Science and Forestry and "208" areawide agencies in  developing BMP's.
      One commentor went so far as  to say that DEC  should  be  ijjS»dated to
      accept the  determinations of expert agencies.

   c. One reviewer suggested that the Agreement  mention  the need  for NYS DOT
      controls on the storage and application of de-icing  substances
      (See page 2-129).

   d. One commentor sought clarification of activities l(a) and l(b) on
      page 2-134.  Will  these activities involve negotiation  only with
      agencies operating existing programs  or also  with  agencies  assuming
      new responsibilities:

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   e.  One commenter sought further clarification of the nonpoint
      source parameters to be included in water quality standards
      (See Activity 5(e)).

3.  A large number of reviewers supported the concept of a voluntary
   nonpoint source pollution program as opposed to a regulatory
   program.

   a.  Regulatory controls over nonpoint pollution are unacceptable
      without first documenting that a problem exists.   We must
      concern ourselves with what is socially acceptable and not
      acceptable.

   b.  Farmers fear nonpoint control programs laid out in "208" plans
      because once these plans are adopted they take on the force of
      law.  We shouldn't let the costs of controls drive New York State
      fanners out of business.  Financial assistance should be part
      of the plan.

   c.  Support was indicated for a voluntary program coupled with moni-
      toring to assess its effectiveness., The voluntary program should
      then be abandoned only as a last resort.

   d.  If a regulatory program is required, local regulatory programs
      should be considered as an option.

   e.  There is a need for an educational outreach program, perhaps through
      the Cooperative Extension, to let fanners know what's going on in "208"

4., Several comments were made concerning programs for the control of pol-
   lution from on-lot disposal.

   a.  Septic tank inspection and maintenance ordinances are not enough.
      Inspection and maintenance systems must also be established and
      supported.

   •b.  Only counties and not DEC have the capability to inspect individual
      waste disposal systems.

'5. Several reviewers commented on the need for nonpoint source monitoring
   and local involvement in such monitoring.

   a.  Nonpoint source monitoring is important in identifying and gauging
      the success of control programs.  Increased resources should be
      devoted to nonpoint source monitoring in order to allow testing
      for nonpoint source loadings at peak flow and to develop long-term
      trend analyses.  A "go slow" approach was advocated with a 10 year
      period of monitoring to identify nonpoint source problems.  One

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      commentor recommended monitoring of sediments resulting from
      erosion.  It was suggested that monitoring data be developed
      through further 208 studies.

   b.  Local involvement is important for nonpoint source monitoring.
      DEC should seek the assistance of local  groups and universities
      in nonpoint source monitoring.

   c.  The participants in the decision making  process for funding
      priorities and, hence, delegation of monitoring responsibilities
      to local entities should be specified (page 2-139).

   d.  One commentor stated that contrary to indications on page 2-187,
      the 208 effort has assessed relative impacts of upstream non-
      point sources on water quality.

   e.  Commentors pointed out the following inconsistency: despite the
      fact that there is a lack of knowledge regarding nonpoint source
      (page 2-131), recognition of a need for  long term commitment to
      monitoring (page 2-133) and a stated need to develop a  program
      to assess nonpoint sources (page 2-190), DEC cannot justify non-
      point source monitoring (page 2-187).

6.  A number of reviewers commented on the type of management  agencies
   that are desirable for implementing the State Nonpoint Source Plan.

   a.  There was concern that the agreement specified DEC as the nonpoint
      source management agency.

   b.  Nonpoint source management agencies should be as close  to the local
      level as possible.  There should be local management and technical
      application wherever the expertise exists.

7.  Reviewers made the following additional comments on the nonpoint source
   chapter:

   3i.  The NYS DOT suggested revisions to the agreement that would more
      adequately describe their efforts in the nonpoint source area.

   b.  The national nonpoint source program's emphasis on non-structural
      solutions was neglected in the Agreement.

   c-  The objectives of the Great Lakes Water  Quality Agreement should  be
      included.

   d.  The Housing and Community Development Act should be added to
      "Pertinent Laws" on page 2-121.

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                                    RESPONSE

                            NONPOINT SOURCE MANAGEMENT
                                     2.B.3

General.  The completion of the Statewide Water Quality Management Plan will
         heavily influence the revision of this Chapter.   A draft of the
         Statewide Plan is expected to be available for review in March of 1979.

l.a      Agriculture, Silviculture, Mining and Construction are mentioned
         because these activities are under active  study  under the 208 pro-
         grams.   Urban Run-off is covered in Chapter 2.A.5.   As described on
         page 2-223 of the Agreement, in-place-pollutants  and on-lot disposal
         will be given more attention in agreement  updates.

l.b      This chapter will be revised as part of the overall Agreement update.
         The proposed federal rules and regulations call  for the completion
         of a draft revision by June.

2.a      To the  extent possible,  New York State Department of Environmental
         Conservation will involve local governments and  agencies in the
         identification and prioritization of non-point source problems.
         NYSDEC  is currently using the inputs of County Health Departments,
         County  Soil and Water Conservation Districts and designated 208 agencies
         to identify streams that may be stressed by nonpoint sources of pollu-
         tion.  The language in the Agreement will  be modified as necessary to
         include this concept.

2.b      All of  the agencies mentioned are currently involved in the development
         of best management practices (EMP's).  In  particular, Cornell University
         is developing the Agriculture -BMP's and SUNY College of Environmental
         Science and Forestry is  developing the Silviculture BMP's.

2.c      The need for this will be considered in the Agreement update.

2.d      Under the 208 program NYSDEC is currently  examining existing NPS
         programs, and as part of both the current  and future 208 programs,
         negotiations would be conducted with agencies with existing responsi-
         bilities and agencies that might be considered for new responsibilities.

2.e      The parameters have not  yet been determined.

3.a-,b.c  Nonpoint source pollution is not one program or  one problem.  It
         consists of a great many activities which  may contribute to water
         quality degradation.  The most practicable program strategies for many
         of these activities will include voluntary controls with incentives
         and guidelines.  However, other activities, such as on-lot disposal
         (septic tanks), already  have widely accepted regulatory programs.

         We agree that it is important in these programs  to be reasonably
         sure that there are 5.ndeed existing or potential water quality impacts
         before  voluntary or regulatory programs are seriously considered.
         There also exists a need to monitor the effectiveness of both voluntary
         and regulatory programs.

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                                     -2-


3.d    If regulatory programs are required, local regulatory programs would
       be considered as an option.  Nevertheless, there is a definite need
       for statewide uniformity in regulation.

3-e    We agree that there.is a need for an educational outreach program,
       particularly in an area as broad and vague as nonpoint pollution.
       The Cooperative Extension is one possible agency to accomplish this.

4.     We agree.  On-lot disposal systems require construction, inspection
       and routine maintenance.  The draft Statewide 208 plan implementation
       strategy for on-lot disposal envisions a strong role for counties in
       the construction, inspection and maintenance of on-lot disposal systems.

5.a+e  We recognize that monitoring is an important element in the overall
       nonpoint source management program.  Monitoring, as described here,
       includes the monitoring of activities on the land, monitoring the
       effectiveness of controls on these activities, and monitoring their
       in-stream impact.  There is a need to develop an effective overall
       monitoring program which includes assessment in all three of these
       areas.  Despite current budget restrictions, some nonpoint source
       monitoring will occur.  However, since nonpoint source monitoring
       techniques are not as well defined as point source monitoring techniques,
       the initial forms will be on the development of an overall monitoring
       protocol through the selective study of test basins.  Over the next
       year a monitoring protocol will be developed and monitoring will occur
       in the West Branch Delaware basin.  The information and techniques
       developed will greatly influence the nature and extent of future non-
       point source monitoring in New York State.

5.b    We agree.  Local involvement is important in many nonpoint source
       monitoring activities and DEC will continue to seek the assistance of
       local groups and universities.

5.c    The designated 208 agencies have the opportunity to recommend funding
       priorities and monitoring responsibilities in their 208 plans.  In
       the non-designated areas, the advisory committees can make similar
       recommendations to DEC.

5.d    Some designated 208 agencies developed information on impacts of
       nonpoint source activities.  However, much of this information requires
       further expansion, analysis or refinement.

6.a,b  New York State Department of Environmental Conservation agrees that
       the NFS management agencies be close to local government.  NYSDEC
       has statewide responsibilities and the draft Statewide 208 plan suggests
       a strong role for County Soil and Water Conservation Districts.  The
       agreement does not designate management agencies; the Statewide Water
       Quality Management Plan will.

7.     These suggestions will be considered in future updates.

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                                COMMENTS

                       WATER  QUALITY  STANDARDS
                              2.B.4
l.    A  number of  reviewers  recommended a change in the orientation
     of WQ standards  policy as  reflected in the Agreement.

   a.    There isn't enough  resource-based orientation in the Agreement.
        Consideration should  be given to non-degradation, fish and wild-
        life habitat  preservation, watershed protection and the like.

   b.    The NYS stream classification system should be revised as
        follows:

        1)  upgrade a stream  classifications to reflect standards actually
            being attained  instead of existing uses.

        2)  retain "d" classification only for intermittent streams.

        3)  review classification to ensure attainment of standards
            downstream.

        4)  establish seasonal  use designation.

2.   Several reviewers commented on antidegradation policy.

   a.   One reviewer  disagreed  with the statement on page 2-156 that
        strict adherence  to antidegradation would preclude new discharges
        and development without "sufficient cause".  Adherence could
        involve higher levels of treatment, but would not preclude new
        discharges and development since there are exceptions for necessary
        economic  or social  development.  Compliance with Federal and State
        laws is "sufficient cause" for adherence to antidegradation.

   b.   Designated 208 agencies should review DEC decisions made under
        the antidegradation policy.

3.   Several comments were  received that made suggestions concerning the
     role of local  governments  in standards development and review.

   a.   The Agreement should  clarify who will develop WQ standards.

   b.   Designated 208 agencies should participate in the development
        of WQ standards.

   c-   WQ information exchange programs should be developed at the local
        level for specific  programs, i.e., 201, 208, county health depart-
        ments, etc.

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d.    The need to involve 208  agencies  in  the  standards  revision
      and classification  process  should be repeated  for  emphasis
      throughout the chapter.

   A number of comments were received on other aspects of the water
   quality standards chapter:

a.    DRBC requested a number  of  changes describing  its  important
      role in  standards development and revision.

b.    There is a need for a better method  of informing the public
      of proposed standards revisions.

c.    The statement  on pages 2-160 and  161  that realistic water  use
      designations are more important than  meeting the November,  1978
      deadline could place DEC in violation of Federal law.

d.    Hydrologic modifications made by  utility companies  should  be
      added to those made by DOT  on page 2-159, 2nd  paragraph.

e.    "Environmental" should be added to the list of factors  in  item
      fl(c') on page  2-161.

f. -  The standards  chapter should include  things said in other  parts
      of the Agreement, i.e.,  the CSO and  pretreatment standards
      discussions.

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                               RESPONSES

                      WATER QUALITY STANDARDS
                                  2.B.4
1. a       An overriding goal of the entire Agreement is resource preserva-
          tion.  A clear statement of this and other principles will  be added
          in the first update of the Agreement.
1. b       The New York State classification system is based on existing
          and proposed uses  of a particular water body and not the actual
          quality of the water body.  As part of NYS's water standards
          and classifications process the D classification is currently
          going through the public hearing process.  Any changes will be
          reflected in the  first update of the Agreement.   Water classifi-
          cation does take into account downstream uses.  Seasonal use
          classifications are established where appropriate.
2. a       We agree in concept with the comment regarding anti-degradation.
          The anti-degradation statement as promulgated by New York
          State fulfills the intent that, within criteria for  specified water
          uses, water quality will be maintained at a high level.  A
          mechanism for  assuring that standards are met is the N/SPDES
          program which  provides for the  establishment of more stringent
          effluent limits based on the assimilative capacity  of the  stream.
2. b       The New York State anti-degradation policy is in part implemented
          through the permit program.  All interested parties, including
          208 agencies,have the opportunity for a review and comment on
          permit conditions via the public notice/public hearing process.
          In addition to the policy statement,anti-degradation  is imple-
          mented through a series of general and special laws such as
          Article XIV of the State Constitution enacted in 1895 for main-
          taining the Forest Preserve as forever wild; the Wild,  Scenic
          and Recreational Rivers System added to the Environmental
          Conservation Law by Chapter  869,  Laws of 1972;  Title 17 of the
          Environmental Conservation Law specifically prohibiting
          discharges into certain named rivers, streams and lakes; stream
          classifications AA special and N where no discharges are allowed,
          and the formation of Agricultural Districts to preserve land for
          agriculture use in accordance with  the Laws of 1971.  In addition,
          the NPDES (National Pollutant Discharge Elimination System)
          process serves the intended function of preventing degradation.

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3. a, b, d  The Agreement should be clear that the State is responsible for
          the development of water quality standards and classifications.
          208 agency involvement in the standards revision and classifica-
          tion process is  available through 1) areawide water quality
          management planning devel.6pm.ent and 2) the public notice/
          hearing process.  All public and private parties  can participate
          in the development and revision of water quality  standards
          through the public notice/hearing process.
3. c       We agree that formal programs for the exchange of water
          quality data should be developed'with interested and concerned
          local regulatory agencies.  Through the development of desig-
          nated and Statewide water quality management plans, local
          regulatory agencies can specify the degree of involvement in
          specific program activities.  This includes  the exchange of
          water  quality information.  In addition, water  quality data is
          available  from all data collection agencies on request.
4. a       The responsibilities of regulatory agencies such as the DRBC
          in standards development and revision is  recognized.   This role
          will be  reflected in the first update of the Agreement.
4. b       The need for more effective methods of public participation in
          regulatory standards setting is recognized.  Suggestions for
          improving this communication are welcome.
4. c       DEC is proceeding with an orderly upgrading process which has
          a sound basis in planning.  EPA concurs with this process and feels
          that it is  consistent with the intent of the law.

4. d       The statement "Hydrologic modification proposed by DOT" was
          offered as example of an activity which might change stream
          conditions.  Hydrologic modification made by other public and
          private entities are certainly to be included in this assessment.


4. e       "Environmental factors" will be included in the elements for
          consideration.
4. f       Requirements of other program areas will be included in the
          water quality standards  chapter as appropriate.

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                                     COMMETST S
                              MONITORING
1.      Some commentors made  statements concerning the level of future
       effort  in monitoring.

    a.    There should be more  data gathering and monitoring in general.

    b.    One  commentor sought  clarification as to whether the State will
          gather more instream  data than  in the past.

2.      Several reviewers made comments relating to the priorities for
       different types of monitoring  activities.

        a. The  comments on the nonpoint source chapter discuss priorities
          for  nonpoint source monitoring.

        b. Given the  heavy emphasis in the Agreement on toxics, pesticides,
          chemicals  and fertilizer, it is inconsistent to have additional
          assessment of these substances  to be addressed during the CPP
          (see page  2-212).,

        c. Strategies should  be  included for monitoring to lead to standards
          revisions  with a greater focus  on public health, fish, and shellfish
          impacts  of pollutant  levels.

        d. New  York State should have  a Great Lakes monitoring program.

 3.     Several commentors were  concerned  about the local role in monitoring.

        a. The  monitoring program should be a cooperative effort between State
          and  local  government.   Use  of local resources should be utilized
          to the maximum extent possible  as that tends to be more cost effective
          Areawide 208 agencies should coordinate the effort between DEC and
          local governments.

      c  b. The  Agreement should  describe coordination between DEC regional
          offices  and local  agencies  in WQ sampling.

        c. Local county agencies should be involved in review and follow-up
          on self-monitoring information.

        d.Page 2-186 should  specify who determines the State priorities for
          delegation of monitoring responsibilities to counties and what
          criteria are used  in  setting those priorities.

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4. Several reviewers commented on the need to integrate data from
   various monitoring programs and make it available to decision-
   makers and the public.

   a.. Water quality data collected by various programs should be
      transferable and usable by all  programs so that all  data
      relating to a given problem can be assembled.   The Agreement
      should describe what will happen to the data after it is collected.

   b. Reporting of ambient monitoring data to the public should be a
      primary goal of the Agreement.

   c. Page 2-200 should state that EPA and DEC will  work with the Corps
      to ensure that data collected is interpreted and distributed to the
      public.

   d. Page 2-203 should state that DEC monitoring should be compatible
      with STORE! .

 5. There were several comments relating to the certification of labor-
   atories and the quality assurance program.
    a. Contrary to page 2-214 there is a certificationVor commercial labs
      and a quality assurance program run by the NYS Dept.  of Health.
      There is confusion in the Agreement as to whether a new laboratory
      certification program is needed.   While there is a program for labs
      conducting water supply analysis, it is not clear whether there is
      a program for labs conducting wastewater analyses (pages 2-203, "
      2-204).

    b. The proposed quality assurance strategy should include development
      of regulations requiring use of licensed or certified labs for self-
      monitoring analyses.

 6. Several commentors wanted to know where the 8 stream segments where
   intensive surveys are to take place are located.  One of these commentors
   wants the Seneca-Oneida-Oswego River System to be a top priority.

 7. Reviewers also made the following comments:

    a. The Oswego River Harbor should be a high priority for monitoring
      dredged material .

    b. There should be further development and testing of computer models.

    c. A balance between dry  weather and storm water monitoring and a
      protocel for stormwater sampling should be established, especially
      given the high priority placed on urban runoff and CSO's.

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                               RESPONSES

                             MONITORING
                                 2. B. 5
1. a&b    We agree there is a need for more water quality monitoring.
          Additional monitoring is constrained by the lack of funds.
2. a       No comment.
2. b       We disagree.  Most available resources are being concentrated
          on point sources of toxic substances.  Some resources will be
          directed to nonpoint source toxics activities over the next two
          years.
2. c       We agree to the need for more monitoring to determine the
          impact of various pollutant levels.  The biggest constraint is
          the availability of funds to carry out this monitoring.  Heretofore,
          we have had to rely on national research efforts to determine
          the acceptable pollutant level for various water uses.
2. d       We agree that more effort would be expended toward the Great
          Lakes monitoring program.  New  York State does sample major
          tributaries  discharging to the Great Lakes.  Development of
          such a program is again  constrained by the lack of funds.
3. a       To the extent feasible, monitoring programs are coordinated
          with local government.  The ability of local government, however,
          to undertake this effort is also constrained by the availability of
          resources for sample collection, analysis and quality assurance.
          We do not agree that 208 agencies need to play a coordinating
          role- However, 208 agencies have the opportunity to  recommend
          a monitoring  program for their area.
3. b       We agree that DEC Regional of fices should act as the coordinator
          with local governments in monitoring programs.  This will be
          stated in the first Agreement update.
3. c       Local agencies should become involved in the followup of self-
          monitoring information to the extent that they have regulatory
          authority to achieve pollution abatement.

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3. d       Priority for the delegation of monitoring activities to the local
          level is established by the DEC Regional office in conjunction
          with the  Central office program managers.  Criteria for
          delegation of monitoring responsibilities is  dependent on the
          adequacy of staff and laboratory support servi ces available at
          the local level.
4. a-c     We agree that water quality data should be compiled, evaluated
          and disseminated for use of all concerned.  This concern is
          partially addressed by strategy la in the water quality  assess-
          ment section and Ib in the Public Water Supply section.  This
          element will be further evaluated in  the Agreement update.
4. d       DEC has agreed to review STORET prior to further developing
          its own system.  The state currently has its  own data processing
          system for water quality monitoring data.  It is not directly
          compatible with STORET.   However, on a regular  basis computer
          tapes of DEC data are transferred to EPA  for entry into STORET.


5. a       There currently is a laboratory evaluation program (quality
          assurance) which is conducted by DOH.  This program includes
          both private, commercial  and regulatory agency laboratories.
          There is a certification program for private  and commercial
          laboratories engaged in water supply analysis., but not for waste
          water analysis.  Such a certification program needs to be developed.
5. b       Once a certification or licensing program for wastewater labora-
          tories is established,  regulations can be promulated which require
          that only certified laboratories be used for a permit  related analysis,
6.         The intensive stream surveys  scheduled for the summer of 1979
          are identified in the 106 Annual Program Plan.


7. a-c     We acknowledge that additional water quality monitoring is
          required.  This monitoring should be designed to evaluate
          conditions during both dry weather conditions  and storm related
          events.   A shift in the emphasis of monitoring will be made as
          particular pollution problems such as urban runoff and NFS
          become higher priority program areas.

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                          ENFORCEMENT
                            2.B.6
l.     Several writers  inquired  as  to  the  roles  of different agencies
      in  the water  quality management enforcement strategy.

   a.     Two commentors  stated  that the NYS  Health  Department  Enforce-
         ment Actions  under  SDWA,  Coast Guard Actions against  water craft
         dischargers and groundwater  enforcement actions were  omitted
         or under-emphasized and should be fully covered.

   b<     A request  was received asking that  DRBC enforcement authority
         be cited on page 2-220.

   c.     A commentor noted that the reliance on the Corps of Engineers
         for dredge and  fill  on page  2-236 fails to account for dredge
         spoil  deposited on  land.

   d.  •   A designated  208 agency noted that  such agencies should be
         involved in determining enforcement priorities in their areas
         and the means for their involvement should be described in the
         SEA on page 2-226.   The same letter requested that 208 agencies
         be included in  the  development of enforcement strategies for
         NfS and residual wastes,  and the method of involvement specified
         on page 2-235.

2.    Comments  were received with  suggestions in the area of enforcement
      policy and strategy.   Considerable  support was evident for giving
      a  high priority  to enforcement  against toxic  dischargers.

   a.    One commentor suggested carrying out more  follow-up inspection
         after  abatement facilities are completed.  The commentor also
         wanted more fines to be levied against the owner.

   b.     A letter received objected to the high priority given to compliance
         schedules  on  page 2-227 on the basis of concern about toxic dis-
         charges in the  interim period before facilities are completed.
         The commentor wants  a  balanced approach between compliance schedules
         and effluent  limitations  on  a case-by-case basis.

   c.     The need for  an enforcement  strategy for rural areas  was represented

   d.     A commentor questioned a  statement  on  page 2-225 which indicated
         that 208 plans  may  be  a tool  in  controling toxic dischargers.  His
         query  noted that he  felt  enforcement against toxics would come under
         the toxic  substances control  laws.

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e.     Another commentor wants an extended  explanation  of the  pro-
      posed "revaluation" of policy regarding  enforcement  against
      municipal  facilities, given the evidence  that  secondary
      treatment  may not be necessary to achieve standards.

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                             RESPONSES

                            ENFORCEMENT
                               2.B.6

 l.a&b      We  agree.   The  responsibility  of  other State  and  Federal
           regulatory  agencies  will be added  in .the  first  update
           of  the  Agreement.


 1-c        We  agree that disposal on upland areas is beyond  the
           jurisdiction of the  Corps.   Future federal RCRA regula-
           tions may deal with  this issue-   In the meantime, State
           solid waste regulations do apply.  At any rate, this
           issue will  be discussed in the update of  the  Residuals
           section of  the Agreement.

 l.d        The role of 208 planning or management agencies in  the
           establishment of  enforcement strategies and priorities
           should  be developed  in the designated agency  water
           quality management plan.


 2.a        Inspections  of industrial and municipal pollution  control
           facilities  are  scheduled on the basis of  priority of
           the discharge.  This  priority  is  geared toward  more
           frequent inspections  of major  dischargers (at least
           once  a  year).   The total number of inspections  is
           constrained by  available resources.


 2.b        High  priority will continue for the establishment of
           compliance  schedules and completion of abatement
           facilities  to abate  toxic discharges.  Where  human
           health  and  the environment are threatened, interim
           effluent limits are  established and enforced  prior  to
           completion  of treatment facilities.


 2.c        The strategy for  rural waste is being developed in  the
           Statewide 208 program.  When certified, strategy will
           be  incorporated into  the Agreement.


 2.d        Control of  toxics will come via many routes:  The
           National/State Pollutant Discharge Elimination  System
           (N/SPDES),  The Resource Conservation and  Recovery Act
           (RCRA), the Safe  Drinking Water Act (SDWA),  etc.  The
           Toxic Substances  Control Act (JSCA) is by no means  the
           primary enforcement mechanism.


2.e        The process  of establishing effluent requirements for
          municipal  and industrial dischargers is mandated by the
           Clean Water Act (CWA).  Our discretion is limited in
          modifying these requirements of law.  New York  agrees
           that the broad requirement  for secondary  treatment  of
           all discharges   may not be  necessary to achieve ambient
          water quality standards.

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                               COMMENTS
                          TOXICS
                          2.B.7
     The roles, responsibilities and funding of other agencies  in
     the environmental  field received several  comments:

     a. Several designated agencies noted that they should be
        included in the State toxic substances program.

     b. The NYS Department of Transportation noted that  their
        responsiblities regarding hazardous water and oil  spills
        should be included in the Agreement.

     c. The DRBC requested that their study of the final  disposal
        of "industrial  exotics" with the objective of examining
        alternative waste management systems for toxics  should  be
        described in the Agreement.

      c. DRBC also noted that the direct provision of RCRA  funds
        should be considered to interstate agencies.  They state  that
        present policy provides for funding through State  agencies  only.

      d.One commentor suggested that the self-monitoring of sanitary
        landfills be conducted at the County level with  DEC support
        and training.

2.   Other comments received on the Toxics chapter referred to  the
     general priorities reflected in the strategies, or  supported the
     overall high priority given to toxics programs in the State/EPA
     Agreement.

      a.The Agreement correctly emphasizes prevention rather than cures
        that are too late.  EPA should develop standards,  guidelines, rules
        and regulations which govern the use of chemicals.

      b.Contamination of groundwater by toxic  nuclear wastes should re-
        ceive top priority attention, especially in West Valley.  Radio-
        active wastes should be removed from this location.

       cJDn page 2-285 a statement should be corrected which seems to  imply
        that the treatment of toxics must always be an alternative.  It  need
        not always be an alternative.  Controlling the manufacturing  or  distri-
        bution of chemicals might be selected  where treatability  is not  feasible

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                               RESPONSES

                                 TOXICS
                                 2. B. 7
          The role of designated agencies in a toxic substances control
          program should be outlined in that agency's water quality manage-
          plan.
1. b       Since preparation of the draft Agreement, DEC and DOT have
          negotiated an Agreement concerning responsibility to oil and
          hazardous material spills.  The cooperative arrangements  es-
          tablished through this Agreement will be incorporated in the
          first update of the State-EPA Agreement.
1. c       To the extent that it is applicable to New York State,  the DRBC
          study concerning disposal of toxic substances and alternative
          waste management  systems will be included in the Agreement.
l.d       We disagree that RCRA funds should be provided directly to
          interstate agencies.  To the extent that interstate agencies  par-
          ticipate with a given State in the implementation of  a toxic
          substances program, funding should be directed through the
          State agency.
1. e       The monitoring of land fills is addressed by Environmental
          Conservation Law part 360.
2. a       We agree.  The Toxic Substances Control Act (TSCA),  through
          the premanufacturing notification process will screen potentially
          harmful chemicals prior to their widespread use.   Also,  under
          TSCA, EPA has authority and will regulate the use of chemicals
          shown to pose unreasonable risks to health or the  environment
          where limitation on use is  the most appropriate control mechanism.
          Limitation of use is but one of the mechanisms to  control these
          problem chemicals under TSCA.
2. b       A section on radioactive wastes will be added to the "Other
          Environmental Programs" area in the further updates of the
          Agreement.

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The statement on Page 2-285 correctly states  that treatability
of a potential toxics discharge must be evaluated as an alternative.
This must be done to properly examine the full range of control
options available.  Treatability would be an important factor
considered in action to ban or imit uses of a problem chemical.

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                                COMMENTS

                           PUBLIC WATER SUPPLY
                                 2JO
l.     Several 208 designated agencies provided comments which
      either corrected certain facts in the SEA regarding specific
      208 agencies' activity or suggested water supply-related tasks
      which may be performed by these agencies.

      a. The designated agencies cited as having examined groundwater
         levels and quality are incorrect.  New York City is incorrectly
         included and Westchester incorrectly omitted.

      b. Locating and classifying all existing and abandoned residual
         disposal sites is suggested as a task which may be performed
         by 208 agencies.

      c. Similarly these agencies should be utilized to develop water
         conservation and reuse programs.

2.    Water quantity was noted by several •commentors as a concern that
      must be given a priority equivalent to water quality.

      a. The Agreement should emphasize the need to find new approaches
         to assessing new supply needs and meeting them; and, a higher
         priority should be given to problems related to reservoirs,
         conveyance facilities, i.e., "infrastructures".

      b. Non-structural solutions should be examined.

      c. An increased effort towards water conservation and water
         supply is favored.

      d. One reviewer requested that the DEC involvement in water supply
         distribution management be described.

      e. The impact and use of water supplies on waste treatment is as
         important as the effect of waste on water supplies.  For example,
         the impact of massive water intakes (e.g. by "high flow skimming")
         on downstream pollution.

3.    Groundwater programs and concerns also received several comments.
      Some of these referred to aquifters at specific locations.

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      a. Recharging wastewaters, and water conservation can maintain
         high water tables and prevent the seepage of contaminants into
         the Magothy aquifer.  The League of Women Voter's strongly
         supports Commissioner Berle's proposed legislation on water
         conservation.

      b. One inquirer asked whether there was duplication between the
         new underground injection control program under the Safe Drinking
         Water Act and the N/SPDES program in New York State which also
         regulates groundwater dischargers.

      c. The Otter Creek Aquifer in Cortland County should be a candidate
         for sole source aquifer designation.

4.    Program relationships with other State and Federal agencies were
      suggested in several letters received.   Some also referred to specific
      water supply studies.

      a. Other State institutions should also be included in the SEA, such
         as, the Public Service Commission,  and, possibly the Office of
         Disaster Preparedness.  Also, other Federal  agencies should be
         involved, such as, the Corps of Engineers and the Department of
         Housing and Urban Development.

      b. DRBC's authority, including powers  in planning, allocations,
         diversions, releases, construction, emergency powers and rates
         and charges for water supply should be cited.

      c. Updating the Oswego County Water Supply Study should be a
         high priority.

      d. The DOH in a thorough review letter has submitted editorial and
         substantive changes or additions to provide the necessary cross
         references and continuity to other  sections  in the Agreement.


      e. The description of the history and  status of drinking water surveys
         in New York is not wholly adequate.  Not all  water quality moni-
         toring programs are noted.

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                                    RESPONSE

                               PUBLIC WATER SUPPLY
                                     2TB7S


General.  It Is agreed by both, the State and EPA that there is a need for a
          major expansion of the Public Water Supply chapter to include strategies
          sufficient to serve as the basis for the annual program plan under
          the Safe Drinking Water Act (SDWA).

l.a       Both agencies did a minimal amount of groundwater analysis.  The first
          agreement update will correct the referenced statement.

l.b       We agree.  This would be considered as an eligible activity in areas
          where this is not yet completed.

l.c       New York State Department of Environmental Conservation would welcome
          the help.

2.a       With the exception of Southeast New York, the State does not agree
          that water quantity concerns be given an equivalent priority with
          water quality.  In upstate New York, surface and ground water supplies
          are generally adequate to meet projected demand.  Emphasis is placed
          on protection of the quality of surface and groundwaters through
          the CWA and SDWA.

          Concern with regard to quantity in Southeastern New York is manifest
          through the North Atlantic Piegional Study, the New York Southeast
          Water Supply Study, the Northeastern U.S. Water Supply study and
          the current Hudson River Level B study.  For example, the State has
          requested the Corps of Engineers to accelerate action on the third
          New York City water tunnel as part of the Hudson River project.
          Further emphasis on water resources management will be included
          in the .update of the Agreement.  In this update, strategies will
          be developed which deal directly with water supply planning, including
          planning for reservoirs, conveyance facilities and the like.

2.b+c     Agreed. The use of non-structural solutions to water quantity problems
          will be included in the first update of the Agreement.  The Agreement
          already reflects an increased concern for water conservation and water
          supply management.  Section 2.C.3 describes water conservation and
          reuse strategies.  Furthermore, the entire Agreement reflects priority
          concern for the protection of potable water supplies.

2.d       Agreed, DOH has the prime role in water supply distribution management.
          The relative roles of DEC and DOH will be delineated as part of the
          Interagency Agreement called for in strategy l(a),

2.e       We disagree.  However; in some instances there is such an effect.
          Where such an effect exists it should be considered in the environ-
          mental impact analysis of the withdrawal project.  Furthermore,
          issues of this type are generally dealt with in the Hydraulic/Hydrologic
          Modification chapter.

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3.a      Groundwater protection Is a major concern to New York State.  The
         208 plan for Nassau and Suffolk Counties makes major recommendations
         on recharge, protection and zoning.  We agree that additional study
         and analysis Is necessary.

3,b      There Is the potential for overlap between the UIC and N/SPDES programs,
         NYS Department of Environmental Conservation and NYS Department of
         Health will work to avoid any potential duplication.

3.c      Initiation of the Designation of the Otter Creek Aquifer in Cortland
         County is up to local agencies or individua.ls.  EPA in conjunction
         with the State would consider such a request„

4. a      We agree.  There are some other state and federal agencies which
         should be eventually involved.  In oi'der to develop the Initial draft
         agreement, however, the number of participants was kept to the principal
         state and federal agencies„

4«b      This  will be cited by reference in the first Agreement update.

4. c      NYS Department of Health will be prioritizing which county public
         water supply studies should be updated,,

4»d      Department of Health changes and additions will be reflected in the
         first Agreement update„

4,e       We disagree,,  We , feel the description was adequate.  If more specific
         detail is supplied, it will  be considered.

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                                COMMENTS

                           RESIDUAL WASTES
                           2.A.3 and 2.B.9


1-     Several reviewers wanted to change the basic orientation and
      priorities of the residual waste program.

      a.. There should be more emphasis on source reduction, source
         separation and on-site treatment and disposal instead of big
         centralized facilities.

      b. Source reduction should be a major priority of the resource
         recovery program.  Markets must be developed for the end
         products of resource recovery.

      c. The resource recovery plan places too much emphasis on urban
         areas.  DEC should also emphasize alternate solutions to
         problems in suburban and rural areas.    ^

      d. The technology for resource recovery appears not to be econ-
         omical or sufficiently proven yet to move ahead into implementation.
         EPA and DEC should provide technological leadership before going
         forward.

      e. The level of effort to be put into resource recovery needs
         clarification given the heavy emphasis on land filling as a
         solution to residuals and solid waste problems.

      £. The problem of landfill leachate collection, treatment and
         control should be discussed in the Agreement, especially in
         light of the regulation of such sources under ttt SPDES.  A
         task should be added to the strategy whereby leachate control
         methods would be identified.

      g. The Agreement should include a DEC monitoring and surveillance
         program for residual waste.  Such a program could identify
         problems for the Interim Solutions Plan.

      h. "Residuals" is poorly defined in the Agreement, and appears
         to cover all but water quality problems created by direct dis-
         charges into air, aquifers, or waterways.  Aquifer contamination
         by deep well injection and salt water intrusion should have been
         addressed in the residuals section.  Dredged spoil and stored
         liquids are not residuals.

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2.    Reviewers wanted EPA and DEC to take the lead in developing
      technology and alternative methods  for solid waste disposal
      and residual  management";  Resource  recovery and landfill  leachate
      treatment are two areas where leadership is especially needed.

3-    Several  reviewers recommended that  the Agreement be revised to
      more adequately involve local  government in solid waste and
      residuals management.

      a. The DEC should integrate the residuals management program
         with  existing local  plans and with problem areas identified
         by the 208 program.

      b. Where designated 208 agencies have identified water quality
         problems caused by residuals, the agencies should assist the
         DEC in the development and regulatory residual  waste plan.

      c. The State should work with designated 208 agencies in  mapping
         ground and surface water supplies (see page 2-367(d)).

      d. The strategy discussed on page 2r,20 should stress that identification
         of planning and management agencies for residuals must by law be
         done  in consultation with local  elected officials.

      e. The roles  of designated solid waste planning and management  agencies
         in the development of the Statewide Management Regulatory/Enforce-
         ment  Plan must be spelled out.

      f-  Responsibilities for registration of septic tank cleaners and
         industrial waste collectors should be taken from DEC regional
         offices and delegated to county  health departments (see page
         2-352).

      Reviewers made several  other comments:

      a. Some  explanation is  needed on the relationship between components
         of the State Residuals Management Program (Development Plan,
         Regulatory Plan, and Interim Solutions Plan):  the NYS  Comprehensive
         Resource Recovery and Solid Waste Management Plan required by sub-
         title D of RCRA.

      t>. A cost analysis of alternatives  to ocean dumping should be developed
         even  though such dumping will  be banned by 1982.

      c. Section 201 funding  should be made available to alleviate the bur-
         dens  that  compliance with SPDES  requirements for treatment of
         landfill  leachate will place on  local governments.

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do Comments  of the NYS DOT described DOT dredge  and  spoil
   disposal  activities not covered in the Agreement.

e0 There should be no duplication with other programs  in  the
   areas of  residual  waste management and resource recovery.

f. Irs analysis of samples for toxics, the Agreement  should  specify
   who will  conduct the laboratory analysis.

g. One commentor wanted an amplification of the  statement on
   page 2-354 that DEC and Connecticut have initiated  a strategy
   to handle dredged spoil disposal for Long Island  Sound.

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                             RESPONSE

                          RESIDUAL WASTES
                          2.A 3  and 2.B 9


Agreed.   DEC and EPA will continue to encourage  consolidation of
solid waste  management systems  where economies of  scale and more
efficient operation may  be  realized; however, this  is  not meant
to preclude  the opportunity for a municipality to  provide a low
technology facility to handle  its own waste and  ship the non-re-
coverables to a central  disposal facility.  DEC  maintains a one
million  dollar financial assistance program for  local  government
to establish source separation  systems.  We concur  with the corn-
mentor on the importance of this issue.  The Agreement will continue
to recognize the need for source reduction and separation and on-
site treatment and disposal wherever feasible.

Agreed.   The previous response  acknowledges our  agreement with the
need to  emphasize source reduction.  Similarly,  we  recognize the
importance of market development.   See 2-346, 2-347, 2-352, 2-360,
2-365.   It is the general belief in the Resource Recovery field
that markets exist (for  recovered products and energy)  and need
only be  identified or developed, not created.  Note, however, that
markets  can  only be developed  on the basis of economies, supply and
demand.   They cannot be mandated but they can and  will be encouraged.

The Resource Recovery Plan  presumably refers to  the draft New York
State Comprehensive Recovery and Solid Waste Management Plan.  Note,
this plan is a separate  document which is consistent with the goals,
objectives and strategies of this Agreement.  It provides however
considerably more detail.   As  to the point raised,  the plan and the
Agreement were intended  to  encourage local municipalities to pursue
alternative  solutions applicable to their circumstances and best
interests, rural or urban.   The plan provides for  flexibility in
this regard  rather than  a structurally rigid approach.   Population
densities, however, do-support  different solutions  to  solid waste
problems.   For example,  centralized Resource Recovery  will receive
a higher  priority in urban  areas (2-348, 2-359,  2-360).   Low density
areas may permit the use of low technology facilities.   We believe
the Agreement and the plan  reflect this policy.

We do not agree.  Resource  Recovery facilities are  under construction
in the County of Monroe, City  of Albany, Hempstead, Hooker Chemical
in Niagara County.  (The latter two are privately  financed.)  Tech-
nology in this field is new, but proven.  Under  the provisions of
the Environmental Quality Bond  Act, New York State  has been out front
in assisting the construction  of first generation  recovery systems.
EPA also  provides a national grant program for new  technologies.
Our staff numbers follow closely the development of these technologies,
and are  equipped to provide technical assistance to municipalities in
New York  State.

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                                        -2-
 le.      This will be corrected.   The  tables containing funding  levels
         should assist in defining levels  of effort given resource recovery.
         Additional working level  detail may also be found  in  the  annual
         solid waste program plan.   As  a  five year policy statement we
         intend to emphasize long-range strategies in the Agreement.   These
         do,  we believe, presently emphasize resource recovery-

 lf.      Agreed.   A procedural process  is  in its final development stage for
         Department coordination of multiple permit requirements  including
         SPDES as they relate to landfill  facilities.  These permits  are
         limited to the regulation discharges to surface and ground waters.
         This new procedure is not represented in the Agreement  now.   It
         will be added in the context  of  a policy statement or  strategy.

 lg.      Agreed.   DEC has instituted a  monitoring and surveillance program
         related to solid waste.   There is some reference to it  on page 2-352,
         We agree that the reference in inadequate.  A broader  explanation
         of the monitoring strategy will be added.   Note, however, we  will
         keep this reference on the "strategy" level.  The  entire  monitoring
         program description is in the  annual (CEPPS) program plan.

 Ih.      The  scope of the residuals chapter is under discussion  right  now.
         We started out with a traditional "Solid Waste" scope  and found many
         problems such as sludge and dredge spoils are so directly related to
         this program that logically it should fall within  it.   However, the
         RCRA statute has a definition  that is narrower than the  range of
         elements we have included.  We are resigned to the fact  that  no
         system or "categories" will be. "air tight" and comport  with  each
         statute, preference, and  organization.   We do believe,  however,
         that deep well injection  and  salt water intrusion  will  best  be
         handled elsewhere in the  Agreement.

2.        Agreed.   Items #1 and #4  cite  our grant and technical  assistance
         programs that DEC and EPA employ  to promote progress  in  residua}.
         waste disposal and recovery.   Particular systems supported by
         New  York State include RDF-electricity generation, RDF-steam
         generation, hydropulping,  pyrolization, shredding, glass  and  metals
         separation and source separation  projects.  In addition,  several
         landfills now have liners,  leachate collection and treatment,
         leachate recirculation, shredders and balers.  We  believe the
         Agreement presently reflects  our  policy to continue support  for
         developing technology and alternative methods for  residuals  management

3a.      Agreed.   Historically, local  government has directed  the  path to
         solutions in the solid waste  field.   DEC and EPA are  committed to
         involve  local government  in the  improvement of solid waste manage-
         ment systems in New York  State.   Further, we are so bound by law.
         40 CFR 25 outlines specifically how public participation  and
         involvement are to be undertaken.   These mandates  will  be met.

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                                         -3-
3a, b,c, e.  Agreed.   There are  several references in  the  Chapter to utilizing
          and coordinating  activities with designated  agencies.   Page 2-367
          describes mapping ground and surface waters  and identifying
          environmentally sensitive areas through the"water quality manage-
          ment process".  This  is  the program in which  designated agencies
          participate and through  their plans influence the programs that are
          implemented.  Another reference is found  on page 2-371 which cites
          the opportunity for  "water quality management planning" to partici-
          pate in  the design  of the regulatory component of the  State residual
          program.   Note also,  the "State Development Plan" includes further
          details  on 208 agency involvement.  We believe the above cited pages
          describe the opportunity for the 208 involvement.

          Agreed.   The comment  correctly notes that we  are required by law to
          include  the public  in the designation of  planning and  implementation
          agencies.  The State  has already held 18  public hearings throughout
          the State and they  have  generally indicated  concurrence with the
          designations.  We will stress this involvement with local elected
          officials, as suggested, on page 2-20.

          We  agree in part.   Qualified counties are involved in  the registra-
          tion of  septic tank  cleaners.  Such counties  are responsible under
          contract with this  Department for the receipt of annual registration
          applications, their  review and issuance of permits, and approval and
          insepction of disposal sites.  The processing of industrial hauler
          applications, however, is retained in the central office because of
          the potential presence of hazardous wastes.   Such wastes require
          special  staff capabilities not available  at either the Department
          regional or county  level.

          Agreed.   The relationship of each solid waste program  document will
          be  fully explained.

          To  some  extent this  is being done through the construction grants
          program.   Planning  for alternative methods of sludge disposal is
          an  eligible cost under the Section 201 grant  program.   A cost
          analysis is an important element of this  plan.   Most of the major
          municipal sludge dumpers are in receipt of a  grant to  prepare
          alternative plans and will perform this analysis as part of the
          plan.   To some extent the EIS on Ocean Dumping (September 1978, EPA)
          also addresses the  cost  of alternatives on page 160.

          Section  201 funding elegibilities are determined by Statute and
          regulation.  These  funds are restricted in use to the  disposal
          and treatment of domestic sewage.  We agree  that there is a need
          for support, but our  discretion is limited by Statute.

          As  described on page  2-370 a dredge spoil program will be developed.
          We  will  include in  this  the New York State DOT dredge  spoil
          as  appropriate.

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                                       -4-
4e.      The purpose  of undertaking this Agreement is to examine our
        programs  as  a  whole and in so doing  eliminate duplication.   Every
        effort  will  continue to be made for  minimizing any duplication
        of effort between programs and agencies  in effectuating a
        satisfactory comprehensive residual  waste management and resource
        recovery  program in this State.

4f.      In the  Agreement we have attempted to parcel out responsibilities
        for "strategies" and "activities".   The  Agency identified as
        responsible  for any item will be  found in the tables at the  end
        of each chapter.  Greater specificity of work to be performed may
        be found  in  the annual work plan  for the Solid Waste program.

4g.      The program  for dredge spoil is to be developed as noted in  item  #20
        and on  page  2-370.   As this program  takes shape the relationship
        of agencies  involved in dredge spoils will be described further.
        There is  an  agreement between New York and Connecticut for Long Islanj
        Sound that is  in existence right now.  Details on this can be
        provided  by  DEC upon request.

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                                COMMENTS
                         AIR QUALITY MANAGEMENT
                                2.$.10
This section was not included in the draft Agreement.  Nevertheless,
the comments received related to air-quality management are para-
phrased below.

4.    Since this section was not included in the draft, there is a
      fear that no opportunity will be provided to comment on this
      important section.

2.    The relationship between air-quality management and water quality
      management is too important to be left for later development.

3.    Concern was raised over air pollution problems that result from
      water quality problems.  The example given was the release of
      toxic organic and inorganic chemicals, and viruses from a
      proposed natural draft cooling tower.

4.    More attention and research should be devoted to nonpoint pol-
      lution problems transported by air." Interstate and international
      agreements are necessary to control this type of pollution which
      causes problems hundreds, perhaps thousands of miles from its
      source.

5.    Acid rain should receive priority attention.

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                               RESPONSES

                      AIR QUALITY MANAGEMENT
                                 2. B. 10
          The comments on Air Quality will be addressed in the State -
EPA Air Quality Agreement targeted for completion in late Spring 1979.
An Air/Water interface chapter will subsequently be added to the Water
Agreement.
1.         There will be an opportunity for comment on the Air Agreement.
2.         The Air Agreement could not have been drafted in time to be
          included in the first State-EPA Agreement on Water Quality
          Management.
3.         Air pollution problems resulting from toxics pollution of water
          are addressed both in review of power plants mandated by
          Article VIII of the Public Service Law and through an attempt
          to integrate the problem into the Department's  new Toxic
          Substances Coordination Program.
4.        Research is now underway within DEC and should be expanded.
          The Air Resources division will attempt to address the need for
          intergovernmental agreements in the Air Agreement.
5.        Acid rain is being researched in terms of origin and chemical
          conversion mechanisms as well as effects on wildlife and fish.
          The legislature has held hearings on this subject and EPA is
          beginning to make efforts ,to  address the problem.  Further
          research would be useful.

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                                COMMENTS

               OTHER ENVIRONMENTAL PROBLEMS

                       (2.B.11)
This section was not included in the draft Agreement.  Nevertheless, the
comments received are paraphrased below.

1.     There is no listing (outside of three items) of existing programs
      that may be impacted, or new porograms that may be contemplated.
      When developed, the draft chapter must be the subject of public
      scrutiny.

2.     Reference was made to the study "Legislative Guidelines for Environ-
      mental Management in Monroe County" which presents model ordinances to
      protect critical features.  A model town drainage ordinance was pre-
      sented.

3.     The absence in the Agreement of a plan to deal with radioactive wastes
      is unacceptable.

4.     A number of reviewers commented on the lack of a strategy to deal
      with marine sanitation devices.

5.     The Agreement has an inadequate emphasis on NEPA and SEQR.

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                               RESPONSES

                 OTHER ENVIRONMENTAL PROGRAMS
                                 2. B. 11
General.    The Other Environmental Programs chapter will be developed
          as the Agreement is updated.
1.         We agree.   There will be public input in the development of this
          chapter.
2.        Thank you.


3.        Radioactive wastes will be covered in this chapter.
4.         The commentor is referred to the annual 106 program plan which
          extensively discusses NYS DEC's strategy dealing with marine
          sanitation devices (MSD).  MSD's will be addressed in the upda.be
          to  the Municipal discharge section of the Agreement.   MSD's are
          also  covered in the Nassau-Suffolk 208 plan.
5.         NEPA and SEQR will be covered in the update of the Agreement.

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                                COMMENTS

                       LAND USE MANAGEMENT
The following comments relate to the land use management section of
the Agreement.  Reviewers stated that:

1.    The land use management section lacks focus since it never
      identifies the ways in which land use planning affects  water
      quality.  The reviewer described  examples of land use/water
      quality interactions.

2.    Additional strategies should be included:

      a. Population projection policy should be described. The  policy
         should deal with the role of EDB state projections,  the issue
         of cross acceptance, and the application of projections to
         facility planning areas.

      b. State aid can play a key role  in land use management through
         improvements in site selection and design for large  scale
         developments.

      c. Planning for economic development should ensure maximum
         exploitation of fishable, swimmable waters.

3.    The planning function is weak at  the state level.  Responsibilities
      are fragmented, funding is inadequate, and executive support is
      missing.

4.    On page 2-397, the Agreement should be revised to indicate that
      Governor Carey has adopted the 701 land use element.

5.    Table 2-17 shows no input from local authorities in the land use
      planning strategy.  The designated 208 agencies should  be  included
      as responsible agencies since they have already performed  a con-
      siderable amount of land use planning.
                                                                    opposed
6.    Erie-Niagara noted a preference for 16 land use categories as appBBMrf
      to LUNR's 51 categories.  Furthermore, they indicate that  the Agreement
      is unclear in indicating whether  LUNR will be replaced  or  updated.
7.
The statement "DEC and EPA will 	support the implementation of land
use controls" will irritate advocates of home rule.

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The Agreement should cite DRBC's and DEC's roles in assuring
compatibility of NYSPOS, water resources and water supply
planning with the DRBC comprehensive plan.  This will  be especially
important when the final Delaware Level  B plan is used to deter-
mine major mid-course corrections to DRBC's Comprehensive plan.
(See page 2-396).

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                                       RESPONSES

                                   LAND USE MANAGEMENT

                                        2.C. 2


 1.   The land use management section is based upon the assumption that there is a
     direct relationship between land use and water quality.  Future updates will
     elaborate on this relationship.

2a.   The agreement currently addresses a population procedure under "strategy for
     coordination with other State and Federal agency programs" on page 3-30.  In
     the chapter on Construction Grants page ,2-75,under "status/needs" it is stated
     that EPA and the State would jointly develop a policy for developing population
     projections for the State.

2b.   The agreement appears to adequately address this concern under Program Develop-
     ment needs, point,which proposes technical assistance to various levels of
     local government in incorporating water quality management requirements into
     the community planning process.  Criteria for site selection and design for
     large scale development would be part of the land use management strategy pro-
     moted through technical assistance to local government.

2c.   We agree that maximum utilization should be made of waters which have been
     cleaned up to make them attractive for public use.  This will be a key element
     in future land use planning.

 3.   Throughout the section on Land Use Management heavy emphasis has been placed
     on both DEC and the Department of State  (NY) working together to coordinate
     their own programs and to give technical assistance to local government.

 4.   Agreed.

 5.   The role of Areawide Agencies in land use planning should be defined in their
     WQM plansc

 6.   The status of LUNR updating is unclear at this time.  The comment will be con-
     sidered as this chapter is revised.

 7.   The State and EPA support and encourage land use controls and it is the re-
     sponsibility of local governments to actively develop and implement such
     controls.

 8.   Agreed.  This comment will be handled as the Agreement is updated.

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 2. a       See response 1. c in the Water Quality Assessment section
           (section 1).
 2. b       These issues were 'covered in other^ sections of the Agreement.
           We agree that the discussion of O&M, pretraatment and  sludge
           disposal might require expansion in the update of the  /Agreement.
 2. c       The process for establishing effluent requirements for municipal
           and industrial discharges is mandated by the Clean Water Act.
           These limits  do vary to accommodate different industrial
           technologies and capabilities.  A minimum level of treatment,
           however, is required for most dischargers. Our discretion is
           limited in modifying these minimum requirements of law.
           New York agrees that the broad requirement for secondary
           treatment of all dischargers  may not be necessary to achieve
           ambient water quality standards.
 2. d       A discussion of the Municipal Project Priority List will be
           incorporated in the update of the Agreement.
 2. e       We agree.  Each project is evaluated on an individual basis to
           assure that water quality standards are met.
 3. a&b    We agree.


 3. c       The replacement of existing combined sewers with separate
          sanitary and storm sewers is  evaluated on a case-by-case basis
          and is undertaken where  cost-effective.  This occurs pre-
          dominantly in small communities.  In large urban areas,  it is
          recognized that sewer separation is generally not cost-effective.
          This policy will be reflected in the update of the Agreement.
3. d       A policy on sanitary sewer overflows will be included in the
          update of the Agreement


4. a       Agreed.   Where  "multi-use" is restricted by local statute it
          cannot be attempted.

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4. b       We agree that the multiple use concept for waste water treatment
          facilities should be considered in a broad sense and is required
          under the amendments of the 1977 Clean Water Act.  However,
          the use of funds for water quality programs are not constrained
          by both Federal and State legislation.
5. a       The residual waste chapter (Section 2. B. 9) addresses the issue
          of leachate.
5. b       Project cost related to the replacement of water lines,  roads,
          lawns, etc. , are eligible construction grants cost where justified.
5. c       In the Delegation Agreement for transfer of management of the
          construction grant program from EPA to the State,  a review of
          the application process and procedure will be undertaken with
          the expressed intent of simplifying the application process.   We
          disagree that transfer of this program to the State will add to its
          cost.  Delegation of project approval and grant award to the
          State should result in a shorter time period for the  award of  a
          grant, thus reducting the overall cost of the project to the
          community,  i. e. projects will  proceed to construction quicker
          thereby reducing inflation costs.
5. d       The update of the Agreement will elaborate on elements of the
          construction grant facility process where it may be advantageous
          for DEC to continue this planning.
5. e       Agreed.  The relationship between the State-EPA Agreement
          and the construction grants Delegation Agreement will be
          explained in the first update of the Agreement.

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                                COMMENTS


                     WATER CONSERVATION AND REUSE
                               ^.C. 3


Reviewers stated that:

1.    The water conservation and reuse strategies lack detail.

2.    Leakage monitoring and control should be managed locally
      rather than Statewide.

3.    The use of the term "universal metering" should be clarified.

4.    Westchester County requested the opportunity to review the
      comprehensive water conservation bill package "being completed
      by DEC for introduction in the State Legislature."

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                                   RESPONSES

                            WATER CONSERVATION & REUSE
                                     2.C. 3
1.  No comment.

2.  Agreed.

3.  Will be clarified in update.

4.  Package was  sent to the legislature and did not pass.  It will be resub'
    mitted.  Westchester County is welcome to review it.

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                                COMMENTS
                LAKE RESTORATION AND MANAGEMENT
                            2-C.f


1.     A number of reviewers  indicated their general support for this
      section.

2.     Erie-Niagara  supported the creation of a funding source for grant
      application research.

3.     A number of reviewers  emphasized the need for the involvement of
      the  208 Areawide Agencies in the Clean Lakes program.

4.     The  Chautauqua County  Department of Planning and Development raised
      specific issues regarding differing analyses of Chautauqua Lake,
      and  the subsequent  treatment requirements imposed on local dis-
      charges .

5.     The  Seneca County Planning Board described a problem with excessive
      aquatic vegetation  in  Cayuga Lake, and recommended that the 208
      program consider aquatic vegetation as a pollutant in the State's
      water  bodies.

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                                      RESPONSES

                            LAKE RESTORATION AND MANAGEMENT
                                        2.C. 4


2.  We agree with Erie Niagara.  The 314 regulations, expected to be published
    as a draft in early 1979, will provide funding for grant application "re-
    search".  The funding level will probably be 70% federal, 30% other.

3.  To the extent that designated 208 agencies have identified in their manage-
    ment plan the existence of lakes with water quality problems, they are in-
    volved in the Clean Lakes Program.  Support of 208 planning agencies is
    desirable when lake restoration projects are submitted for grant consider-
    ation.  208 agencies may participate through the development of project
    proposals.

4.  The National Eutrophication Survey concluded that Chautauqua Lake is
    nitrogen limiting which would require nitrogen fixation units on all
    plants which would discharge to the lake.  DEC, however, has concluded
    that the treatment facilities serving Chatauqua Institute and Mayville
    need provide only secondary treatment to ensure the maintenance of the
    water quality standards.  As a result, only portions of the treatment
    process required by the State and by the U.S. Environmental Protection
    Agency are eligible for construction grant assistance.  The decision to
    provide additional treatment at the Chautauqua Institute sewage treat-
    ment plan was made solely by the applicant with the result that the
    additional cost was borne by them.

    The requirement for providing additional treatment for the South and Center
    Chautauqua Lake Sewer District (C-36-680) which services Celoron is to
    maintain water quality standards for dissolved oxygen in the Chadakoin
    River and has no relationship to nutrient levels in Chautauqua Lake.  Gen-
    erally speaking, when the activated sludge process of providing second-
    ary treatment is used, the most efficient and least costly process to provide
    higher levels of reduction of oxygen demanding substances is nitrification.
    Nitrification does not remove nitrogen and its compounds from the water
    stream, per se, but reduces the oxygen demand from the nitrogenous substances
    in the sewage.  Two water quality surveys of the Chadakoin, Cassadaga, and
    Conewango sub-basin have been conducted to determine the reasons for low
    dissolved oxygen levels and fish kills in the basin.  The surveys results
    indicated that the problems were the result of the combined effects of
    industrial discharges from the Jamestown area, municipal discharges from
    Jamestown and Falconer, and nutrient enrichment from Chautauqua Lake.  Thus
    the requirements for nitrification in the South and Center Chautauqua Lake
    Sewer District facility is imposed in order to ensure the attainment and
    maintenance of the standard for dissolved oxygen in the streams downstream
    from Chautauqua Lake, and not for the purpose of reducing nutrients in
    Chautauqua Lake.

5.  The presence of aquatic vegetation in a particular water body is not in it-
    self a pollutant.   Aquatic vegetation is a manifestation of a pollution
    problem whether it be a result of the natural lake aging process or the
    result of cultural development.  This is a typical example of what the
    public perceives as the result of pollution.  Through the 208 planning pro-
    cess adyerse conditions such as excessive algal growth or aquatic vegetation
    can be identified as a water quality problem.

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                                COMMENT S

       FINANCING NYS's WATER QUALITY MANAGEMENT PROGRAM
1.     Erie-Niagara objected to the implication that "208" had not
      taken a close look at the abilities of municipalities to
      finance water pollution control facilities.  They described the
      work they had done in this area.

2.     The Citizen's Union,Acting as a clearinghouse for other review-
      ers^ stated that this section "shows a welcome sensitivity to the
      fiscal burdens created by wastewater management on local govern-
      ment, and to the need for more versatile federal aid and for long
      term State assistance for operation and maintenance."  They,
      however, also cited deficiencies.

      a. The focus of the chapter is limited to wastewater management.
      b. The chapter does not deal with limitationson'use of 201  funds
         to fund stormwater projects.

      c. The chapter does not deal with the "Enterprise Fund" concept which
         deals with segregation of water quality management revenues.

      d. The chapter stresses the cost of "second generation" problems,
         but the list of second generation problems is not consistent
         throughout the Agreement.

 3.    One reviewer stated that the Agreement should address situations
      where capital and O&M costs preclude the building of sewage
      treatment plants.

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                    RESPONSES

FINANCING NYS'S  WATER QUALITY  MANAGEMENT PROGRAM
                     2.c.  5
  Erie-Niagara  was  correct;   They  did  look  at  financial
  implications.   The  updated  agreement  will  make  changes
  Update  of  Agreement will  incorporate  the  suggestions
  noted.   The  draft  SW  208  Plan  has  already  incorporated
  this  suggestion.
  This  concern  is  addressed  in  the  draft  State  WQM  Plan
  Strategies  developed will  be  reflected  in  the  update
  of  the  Agreement.

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                                COMMENTS

                    MANAGEMENT AND  INSTITUTIONAL ASPECTS
                        OF THE STATE'S WQM PROGRAM
1.    Westchester states  that this sub-chapter disregards the role
     of areawide agencies,  and  the  recommendations of the 208 plans
     Special districts may  be unnecessary.  Westchester found that
     the necessary  capabilities  to  implement WQM controls already
     exist  in  the County.

2-    The Citizen's  Union states  that  this section adds nothing to
     the Agreement  and should be dropped.

3.    One reviewer stated that a  lead  water pollution agency in each
     county should  be designated and  receive financial assistance
     from DEC.

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                                   RESPONSES

                       MANAGEMENT AND INSTITUTIONAL ASPECTS
                            .OF THE STATE'S WQM PROGRAM
                                     2.C.  6
1.  DEC agrees that Westchester County may already have the necessary capabili'
    ties to implement the WQM control needed  in that County.  However, all
    other designated 208 agency plans in NYS  have recommended some changes.

2.  We disagree.   Program implementation requires consideration of management
    agency capabilities.

3.  The draft Statewide 208 plan suggests that  there be a  lead agency at the
    county level  responsible for water quality  management.

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                                COMMENTS

              DESIGNATION.  DELEGATION  AND  COORDINATION OF  PLANNING
                                3.4
1.  A number of reviewers commented on the sensitive  issue of the
   relationship between EPA, DEC and the six designated  agencies.
                                                   •At
   a. Contrary to the requirements of Section 208 of Clean Water Act,
      the Agreement places planning powers for the entire State,
      including the designated areas, in DEC.  EPA and DEC may not
      circumvent the requirements of the law by means of a contract.
      Several  reviewers saw this as an attempt to remove decision making
      from the hands of local  government.

   b. An objection was raised  to the statement that  designation gives
      an areawide agency "a franchise to carry out DEC's role under
      Section  208".

   c. Interjection of DEC as a third party to all  grant  agreements
      made between EPA and a designated agency is  illegal.  Furthermore,
      designated agencies should receive funding directly from EPA.

   d. The New  York metropolitan area, because of its interstate nature,
      requires a strong federal involvement.   Testimony  at the New York
      City public hearing indicated a strong desire  to continue a direct
      EPA - designated agency  relationship.   This  desire was also indi-
      cated in comments received in the Erie and Niagara Counties area.

   e. Three options for continuing designated agency involvement (desig-
      nation,  delegation and coordination) are mentioned.  However, the
      functions that the designated agencies will  perform are not specified
      The continuing role of the designated agencies should be clarified
      throughout the Agreement.

   f. The present pattern of designation is  not adequate to deal with
      the management of natural water systems.   The  planning boundaries
      differ.

2.  A number of reviewers commented on how best to determine continuing
   planning needs, and to specify responsibilities for meeting those needs.
   Individual  reviewers stated that:

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   a. Delegation of responsibilities to planning agencies would be
     acceptable only if the DEC and regional planning agencies could
     negotiate a long-term agreement  (5 years) for future work.  This
     agreement would be similar to the EPA/State Agreement.

   b. The priority program development needs are not sufficiently
     'developed in the draft Agreement to allow DEC to recommend
     assignment of 208 funds allocated to New York State.

   c.The statement that "DEC will actively involve all areawide and
     local agencies in the decision making process for determining
     future timing and priorities for planning in the program" is
     not consistent with the rest of the Agreement.  It is perceived
     that the Agreement establishes priorities.  Therefore, the state-
     ment should be clarified.

   d.There is a need for increased stability in the funding of 208
     areawide planning agencies.  Without stability, it is hard to
     generate the momentum required to go from planning to implementation.

 3.A  specific item of concern was the development of population projections.
   Reviewers indicated:

    a.The Agreement should place greater emphasis on the significance
     'of EDB population projections, and should describe how they are
     to be used.  The description of the relationship between federal,
     state and local population projections contained in EPA's Cost
     Effectiveness guidelines received support.

    b.HUD 701 planning should be cited as being responsible for growth
     direction, not population projections.

   c.All federal agencies should be required to use the same set of
     geographic projections and relate those projections to a single
     responsible State agency.

   d.208 agencies or county planning agencies should certify 201 pop-
     ulation projections.  Population projections should provide for a
     range of from 10-15 percent on a 20-year design basis

4. A number of reviewers emphasized the need for coordination among programs
  Reviewers indicated that:

 a.  The Agreement does not adequately deal with coordination with Corps
     programs and the Coastal Zone Management program.

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   b'Cooperation between the Departments of Health  and Environmental
     Conservation should be emphasized.

   c.The Agreement should contain a description of  Tri-State's  role
     in 208 planning.

   d.There should be interstate and international agreements  for dealing
     with arid rain.

5.Other comments included the following:

   a.The Agreement does not come to grips with a mechansim for  resolving
     interregional (especially interstate) disagreements.

   b.The section on designation, delegation and coordination  provides
     almost no background on the key problems  in planning  in  New York
     State.  Therefore, subsequent recommendations  "come from nowhere".
     The recommendations deal with some, but not all  of the problems.

   c.DEC should use future funds to expand regional staff. Assign a
     coordinator to each county to act as a laison  between DEC  and local
     communities.

   d.DEC and DOH should each use a 75% re-imbursement rate for  County
     Health Departments.

   e.The NYS Department of State made several  editorial recommendations.

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                            RESPONSES

      DESIGNATION, DELEGATION AND COORDINATION OF PLANNING
                               3.A


l.a       Under Section 130.12 of EPA's Rules and Regulations
          published in the Federal Register on November 28, 1975,
          it states that a State Planning Agency is responsible
          for the conduct and coordination of 208 planninn
          throughout the State,  and the State Planning Agency
          must assure that each  element of the States  approved
          planning process is achieved.  Therefore, it is DEC's
          position that it is responsible for assuring that
          requirements of the federal  regulations,  40  CFR,
          Parts 130 & 131  are achieved Statewide, including the
          areas where the Governor has designated areawide
          planning agencies to do water quality management
          planning.  However, the Agreement also recognizes the
          important authorities  and responsibilities of designated
          208 agencies.  These authorities remain unchanged.
          Local,  state and federal entities are all concerned
          about meeting the objectives of the Clean Water Act.
          Three years of 208 planning  has taken place  in NYS
          since the first 208 grant was offered in  July 1975.
          It is now time to evaluate this experience and based
          upon this review to assign parts of the planning process
          to those agencies that have  demonstrated  competence,
          be it a municipal, regional, state or federal agency.
          This will be initiated through the certification and
          approval process and incorporated in revisions to the
          State/EPA Agreement.


l.b       The Statement should be corrected to read "the authority
          and responsibility to  carry  out areawide  waste treatment
          planning under the overall  supervision of DEC".


l.c       EPA has advised DEC that it  could not allow  the  State
          to be a third party to any grant agreement between  EPA
          and the designated agencies  within New York  State.


1-d       Grants  will  continue to be made directly  from EPA to
          designated  208 agencies as required by law.   However,
          DEC feels that the existing  pattern of designated and
          non-designated 208 planning  areas in New  York State  does
          not provide  an optimum structure for long term program
          development.   As described in the Agreement, EPA Region II
          will  be delegattngbroader supervisory responsibilities
          for the management of  designated agency work to  DEC.

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1-e       DEC agrees that the roles to be played by the desi ana-ted
          agencies over the next few years should be spelled  out.
          DEC and the areawfde agencies will  be in a better
          position to spell these out once the initial  208 plans
          have been completed by the areawide agencies  and sub-
          mitted to the State for certification.  It is hoped
          that the functions of the designated agencies can be
          clearly spelled out in the first update to the Agreement


1-f       Designation of the areawide boundaries tried  to incor-
          porate all environmental  constraints.  Of course, the
          boundaries are not perfect and can  be changed if there
          is adequate justification and significant beneficial
          advantage.  In analyzing NYS it is  important  to look
          at the Water Management Problems on both a municipal
          boundary basis and on a drainage basin basis.  The
          State will continue to look at water quality  manage-
          ment problems throughout the State  on a basin basis.
          Where designated agencies continue  to perform water
          quality management planning on a municipal boundary
          basis, DEC will advise them concerning activities
          above or below them in the basin.


2.a,b,c   At the time the initial Agreement  was drafted, there
          was not sufficient information available to develop
          the priority program development needs for the assign-
          ment of 208 funds to designated agencies.  As stated
          in response to question 1, DEC agrees that it is
          important to define the responsibilities of planning
          agencies over the five year period, and hopes that
          this wfll be incorporated into the  first update of
          the State/EPA Agreement.   This will be done in close
          consultation with the designated agencies.


2.d       Agreed.  EPA is endeavoring to gain stability in the
          208 program.  However, funding is  greatly dependent upon
          the actions of the present 208 agencies in implementing
          present plans.


3.a       The Population Projection issue has caused a  great  deal
          of concern both to the designated agencies and to the
          State (DEC).  In the draft Statewide 208 plan, the
          State is proposing a population projection strategy
          consistent with EPA's cost-effectiveness guidelines.
          This strategy has the following concepts:

            (i)  population projections used by State agencies
                 shall be equal to those developed by the
                 Department of Commerce.

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            (ii)  where designated agencies population projections
                 are not equal to those developed by the Department
                 of Commerce, the designated agencies will revise
                 the population projections to meet those of the
                 Department of Commerce.

           (iii)  208 funds shall  not be the only source of funds
                 used to develop population projections.  Other
                 potential sources of funds include HUD 701 funds,
                 205g funds and 201  funds.


 3.b        This point will have to be resolved by the State, EPA and
           HUD.


 3.c        We desire that all  federal agencies use a common set of
           population projections, and EPA will  endeavor to obtain
           this common use.


 3.d        All 201 population  projections must be consistent with the
           projections in approved 208 plans.   We disagree with the
           use of a range.


 4.a        The update of the Agreement will consider placing more
           attention on coordination  with the  Corps program and
           the current coastal  management program.  Currently EPA
           is endeavoring to coordinate with all  federal  agencies,
           including the Corps  of Engineers and the Coastal  Zone
           Management program.   In a  like manner DEC is  endeavoring
           to provide the necessary coordination with New York State
           programs.  This will  be reflected in  the Agreement update.


 4.b        The Agreement required  both the Department of Health and
           the Department of Environmental  Conservation  to meet over
           the next several months and develop an agreement to define
           the responsibilities  of each agency in the water quality
          management field.


 4.c       The role of Tri-State in 208 planning is now  being worked
          out with its state  jurisdictions.  The role of Tri-State
          is important in land  use plans affected by water and air
          pollution control  actions.  Tri-State's Land  Use Committee
          is trying to clarify  its role.


 4.d       See Air Quality Management, response  number 4.


5.a       The authorities and  responsibilities  of the local,  state
          and federal  governing bodies are often redundant and over-
          lapping.   In New York City efforts  are being  made to
          unravel  the  problems  and to come up with an equitable
          solution   which is  agreeable to all  parties.   This  is a
          difficult task.  In  the update to the  State/EPA Agreement

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          consideration will be given as to whether or not the
          State/EPA Agreement should be the vehicle for identify-
          ing mechanisms to resolve inter-regional or inter-state
          di sagreements.
5.b


5.c
This comment will be considered during the Agreement update
DEC has requested State funding to expand regional  staff,
basically putting a public participation specialist in
each regional office.  Also, under the 205 (g)  construction
grant delegation agreements, it is DEC's intent to  put an
additional public participation coordinator in  each region
to assist in meeting the public participation requirements
of the construction grants program.
5.d


5.e
No comment.
These comments
update.
will  be considered during the Agreement

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                                COMMENTS


            CONSOLIDATION OF PLANNING AND REPORTING REQUIREMENTS
                               3-5


1.     One reviewer objected to the  statement that the Agreement fully
      meets the requirements for an agreement on the level of detail
      and timing of water quality management plan preparation.  This
      objection Was based on the lack of timing and cost information in
      the tables following each sub-chapter.

2.     The Citizen's Union, acting as a clearinghouse for many other
      reviewers, suggested that:

      a. Ultimately Subchapter 3B must be expanded to coordinate
         other plans  and reports including:

        (1)  EDB population projections
        (2)  701 plans
        (3)  CZM plans
        (4)  Level  "B"  plans
        (5)  NYS/EPA Air Agreement
        (6)  NJS/EPA Air and Water Agreements
        (7)  Connecticutt Air and Water Agreements
        (8)  Water  Quality Standards Review

      b. The suggested process should be reviewed in, at most, five
         years, and consideration should be given to replacing State/
         EPA Agreements with State/FRC Agreements.

      c- The schedule  should be revised to show State/EPA Agreement
         preparation  preceeding revision of the Statewide water quality
         management plan.  This is  based on the logic of proceeding
         from the most general to the most specific documents.

3.    One reviewer cited the need to discuss block grants in the Agreement
      At a minimum, the Agreement should describe the institutional and
      fiscal changes  required to accomodate block grants.

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                            RESPONSES

      CONSOLIDATION OF PLANNING AND REPORTING REQUIREMENTS
                              3.B

1.        EPA and DEC understand the concerns about the lack of
          time and cost information.  The Agreement is being
          revised to provide this information to the extent
          feasible.


2.a       Consideration will be given to expand sub-Chapter 3.B
          to include an analysis of the  items mentioned and in
          particular how they affect water quality management
          planning or how water quality  management affects those
          activities.


2.b       DEC intends  to review the Agreement process  on a yearly
          basis.   Use  of an FRC/State Agreement might be a long
          term option.


2.c       The new regulations governing  the  preparation of State/
          EPA Agreements will  probably show  revisions  to the State/
          EPA Agreement preceeding  revisions  to State  water quality
          management plans.   In either case,  it is DEC's intention
          that both the Agreement and the Plan be  updated on an
          annual  basis,  this is a  cyclical  process.   The completed
          WQM Plan provides  input to the State/EPA Agreement which
          in turn feeds plan updates.


3.        No comment.

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                                COMMENTS


                   PUBLIC  INFORMATION AND PARTICIPATION

                                (Chapter 4)
This section paraphrases comments received on Chapter 4 of the draft
Agreement.  Chapter 4 presents the strategy for involving the public
in New York's water quality management program.

Specific comments on public involvement in the development of the
draft Agreement are not paraphrased here.  They are discussed under
the heading "General Comments" at the beginning of the chapter.

I,  The most fundamental deficiency cited in the Public Information
   and Participation Chapter was inadequate involvement of the public in
   the decision-making process.  Comments included the following:

    a.The government is not interested in public participation.  It is
      only interested in carrying out a token program.

    b.The chapter fails to indicate how citizen participation fits into
      "the agency's decision-making process."

    E.The emphasis is on information exchange and education, there
      should be more emphasis on technical and evaluative review.

    d.Effective public participation requires a rational planning process
      (State, regional and local) to which the public can relate.  The.
      current planning process does not fulfill this condition.

    e.The major gap is a failure to specify an acceptable and consistent
      consultation process whereby local government and local government
      agencies can be involved in plan formulation.

    f.Program development should be delayed, if necessary, to allow proper
      public involvement.

    g-Implications in guidance and literature that the public will set the
      course for water quality management is misleading, and may lead to
      frustration.  The law sets severe constraints on what may be done.

2. A number of reviewers commented on the structure for public participation.
   Comments included the following:

    a.There is a need to reevaluate the system of environmental management
      councils and 208 advisory committees.  Opportunities exist for
      integration.  One commentor stated that Environmental Management Councils

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      are an  institutionalization  of public  involvement,  and  that
      their role  should  be  supported and  reinforced.

   b.  There is  a  need  to define  the  continuing  role of existing  "208"
      advisory  committees.   They are unsure  of  their  future role.

   c.  The maintenance  of a  clearinghouse  to  ensure public input  to
      decision  making  should be  a  continuing function of  government.

   d.  A citizen's channel should be  established to allow  more effective
      public  input to  DEC and EPA.   This  channel  could be used,  for
      example,  to allow  public comment  on N/SPDES permits, or to ensure
      public  input to  the State's  water monitoring program.

   e.  Industrial  Advisory Councils should be cited.

   f.  The Commissioner's Advisory  Council  on the  Environment  should meet
      regularly,  not periodically.

3.  A number of  reviewers commented that the  public must be involved in
   all stages of  the program from  the earliest  stages of  development  to
   implementation.  Public  hearings  do  not constitute public  involvement
   since most decisions  have been  made  by the time the meetings  are held.
   Furthermore, involvement should be a continuing function.

4.  A number of  reviewers commented on the resources available to support
   the public participation program.

   a.  Not enough  people  know about "208".  A broad based  public  education
      effort  is required.   However,  it  does  not appear that adequate  funds
      are available.

   b.  There is  a  need  to reimburse citizens  for travel  and meal  expenses.

   c.  A part-time person should  be hired  in  each  county to explain  208
      to the  public.

   d.  Staffing  resources must be made available to advisory committees.
      Technical experts  should be  available  to  aid advisory committees.
      Furthermore,  staff is needed to support outreach programs.

   e.  Available funds  are inequitably distributed.  Designated areas
      received  far more  than non-designated  areas.

   f.  All  the strategies in the  Chapter are  meaningless without  the
      resources to back  them up.   A  number of reviewers commented that  the
      percentage  figures for public  involvement,  as stated in the draft

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      Agreement are too low.   Alternative  suggestions  ranged  be-
      tween 10% and 15% of the total  program.

   g.  Funds should be made available to assist local  citizens  in
      "attacking" local pollution problems.

5.  Public participation should focus more broadly on  environmental
   problems.   The current focus of public participation is  the "208"
   program.  This leads to a  biased focus on water.

6.  Extensive detailed comments, in addition to those  cited  above,
   were submitted by the Citizens Union, the Region  III 208 CAC
   (including the input from  a number of other advisory committees),
   and C.M. Wacenski and M.K. Foster.

7.  TheSe should be public participation in the revision to  the 1972
   Bi-Lateral Agreement between Canada and the United States.   The
   revised phosphorus effluent nn&£itai being considered will  SSIrkedly
   affect sewage treatment plant O&M costs. Therefore, the Bi-Lateral
   Agreement should be mentioned in this Agreement.

8.  One reviewer commented that New York City's public participation
   program should be described in Section 4.2.4.

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                                  RESPONSE

                PUBLIC INFORMATION AND PARTICIPATION
                                 (Chapter 4)


General.  We view the comments received on the public participation chapter
          of the New York State/EPA Agreement as very constructive.  We
          have decided that  the public participation chapter should be
          substantially revised as a result of public comment and the following
          programs and regulations which have been proposed since the
          Agreement  was  drafted:


          --proposed  public participation regulations
            covering all water programs
          --delegation of the construction grants program to NYSDEC,
            which will increase  DEC responsibilities for assuring adequate
            public participation
          --full time public  participation coordinators  in each DEC
            Regional Office, as  a result of the delegation
          --pilot  toxics public participation program
          --proposed  Water Quality Management regulations governing
            public participation  in the Z08 program

la.    The Congress has demonstrated its commitment to assuring public
       participation in all Federally mandated programs by including public
       participation requirements in all recently enacted laws.  EPA has
       proposed a set of regulations covering all water programs, which will
       not only require increased public participation,  but  will require that
       responsiveness to public  comment be demonstrated.   These regulations
       also provide the necessary resources by making public participation
       activities grant eligible.   Both DEC and EPA have increased staff
       resources  to assure  that  citizen comments  and  concerns are responded
       to.  With funds  available  as  a result of  the delegation of the construction
       grants program, DEC  will provide a full time public participation
       specialist  in each Regional Office for 201 activities.   DEC will also make
       public participation staff available for other water related programs.
Ib.    See Introduction.
Ic.    Agreed


Id&e.  A national planning process does exist.  However, it needs  to be presented
       more clearly,  with associated public and local government impact points.


If.     Program development is a continuing process.  Public involvement needs to be
       improved but delay serves no purpose.

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Ig.     The laws (Clean Water Act, Safe Drinking Water Act,  and Resource
       Conservation and Recovery Act) also specifically require that the
       public be provided an opportunity to participate in all Federally
       mandated and funded programs.  While there very often are  severe
       constraints, the public can and must participate in choosing  among
       existing alternatives.
2a.    Agreed.


2b.    Agreed.


2c.    Agreed.


2d.    A purpose of this chapter is to support and define these channels.


2e.    Agreed.   Others should be cited as well.


2f.     To be considered.


3.      Agreed.


4a.    Agreed.
4b.     For  some programs these  costs are eligible but must be individually
       considered based upon budgetary constraint.
4c.     This is the responsibility of 208 staff in designated areas.  A significant
       portion of 208 funds has been allocated for public participation activities.
       Adequate public education is one of the criteria which will be used to evaluate
       the effectiveness of 208 plans.  For the Statewide effort in non-designated areas,
       staff in both  the DEC headquarters office and each of the nine Regional offices
       will be responsible for providing opportunities for the  public  to participate
       in the  208 process. While placing staff in each county is  not  feasible,  the
       establishment of public participation staff in each DEC  Regional Office should
       result in an increase in activities  at the county level.

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4d.    To be considered.
4e.    Funding distributions were made to  comply with the law and rules and
       regulations prior to July 1,  1975. Subsequent court decisions mandated
       208 planning for all portions of all state.s.  A greater amount of 208
       funds was  available prior to July 1, 1975 to fund the designated agencies
       than was  available after the court decision to fund the  non-designated
       areas.   Future distribution  will be made according to priorities set in
       this Agreement.

4f.    To be considered.
4g.    Although there are no funded programs designed specifically for this purpose,
       the new public participation regulations will result in an increase in resources
       for public participation activities at the local level.  The regulations
       covering the construction grants program allow for reimbursement of  citizen
       advisory committee member expenses.  All public participation activities relating
       to the construction grants program will be grant eligible.
       Agr eed.
        To be considered.
        The Bilateral Agreement has been signed.  There were public hearings held
        on  the draft stages of the Agreeme nt.  A reference to the Bi-lateral Agreement
        will be added to chapter 3.
        The overall strategy for public participation will define the role of local
        public participation programs.  The document must retain a 5 year scope
        with strategy level thinking.   The details of an individual program should
        not be included.

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              Appendix "A" - NYS/EPA Agreement - Public Record
Summaries of Public Meetings
May 3, 1978
May 4, 1978
May 8, 1978
May 10, 1978
May 11, 1978
May 11, 1978
May 15, 1978
May 16, 1978
May 17, 1978
May 17, 1978
May 18, 1978
May 18, 1978
3une 1*, 1978
Transcripts of Public Hearings
June 26, 1978
June 28, 1978
June 30, 1978
July 5, 1978
Written Statements
Organization
1. Delaware River Basin
Commission
2. Central New York Planning
and Development Board
3. Niagara Mohawk Power Corp.
4. Erie & Niagara Counties Regional
Planning Board
5. Westchester County 208
6. Senator John Marchi

Ellicottville
Syracuse
Hauppauge
New York City
Albany
Corning
Rochester
Grand Island
Canton
Warrensburg
Binghampton
Utica
Westchester

Rochester
Albany
New York City
Buffalo

Date Nature

8/22/78 Letter: Hansler to Beck

7/31/78 Letter: Hennigan to Eichler
8/2/78 Letter: Toennies to Seebald

8/11/78 Letter: Griffin to Beck
8/8/78 Letter: Weber to Berle
6/30/78 Statement for public hearing
7.    208 PAC Mohawk - Hudson
8.    Chautauqua County Dept. of
       Planning & Development
             New York, New York

6/28/78       Statement for public hearing
             Albany, New York
7/5/78        Letter: Luensman to Berle
             and Beck

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-2-
 9.    Tri-State Regional Planning
        Commission                      7/27/78
 10.   Region ni CAC                     	

•$1.   Madison County Water Quality
        Advisory Committee              6/16/78

 12.   Yates County Legislature           7/21/78
 13.   Town of Tonawanda                8/10/78

 1*.   Broome County Environmental
        Management Council              7/6/78

 15.   New and Used Water
        Sepcialists Inc.                   6/20/78

 16.   State University College
        Oneonta Biology Department       6/27/78

 17.   Syracuse Comm. for the Con-
       servation of the Environment       6/21/78

 18.   International Paper Company        6/30/78

 19.   Temporary State Commission
       on Tug Hill                       6/27/78

 20.   Seneca County Planning Board       6/23/78

 21.   208 CAC Steuben County            6/21/78

 22.   Town of Amherst                   5/24/78

 23.   Monroe County Environmental
       Management Council              6/29/78
             on
 24.   The Mohawk Trust                  7/5/78
 25.   Rochester Committee for
        Scientific Information             7/8/78

 26.   William C. Larsen, P.E.             6/27/78

 27.   Broome County Department of
        Public Works                     5/30/78
                   Letter:  Carrel to Berle
                   and Beck

                   Review Comments
                   Letter:  Crawford to Beck

                   Letter:  Multer and Lawson
                   to Bonchonsky

                   Letter:  Melrose to Bonchonsky
                   Letter:  Marsi to Bonchonsky


                   Letter:  Mikaelian to Beck


                   Letter:  New to USEPA OPA


                   Statement

                   Letter:  Whittemore to DEC


                   Letter:  Quinn to Elchler

                   Letter:  Ely to Keller

                   Letter:  Hudson to Beck

                   Letter:  Sharpe to Buechi


                   Letter:  Nelson to Beck

                   Letter:  Smiley and Beard to
                   USEPA OPA


                   Letter:  Berg to Beck

                   Letter:  Larsen to Beck


                   Letter:  Pitman to Berle

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                                  -3-
28.   Bob Alpern


29.   Citizens Union

30.   £lma Environmental Commission

31.    	.-


32.   	
33.   NYS Dept of State
34.   Nanco Environmental Services Inc.

35.   Director of Utilities for City of
       Niagara Falls
36.


37.

38.

39.
Erie County Dept. of
  Environmental Planning
      League of Woman Voters of
       Nassau <5c Suffolk Counties
41.    Erie County Legislature

42.   Mr. E. Robinson

43.   Broome County, Executive

44.   Elma, New York

45.   NYS Dept. of Health

46.   Central New York Regional
       Planning <5c Development Board

47.   NYC 208 CAC

48.   Office of Forest Marketing &
       Economic Development
6/11/78
                                                Memo; Alpern to Bonchonsky,
                                                Marshall and  Fenske

                                                Review Comments

                                                Letter: Frank to Beck
Rec'd  5/25/78 Comments on Chapter IV -
              Wacenske, Foster

4/27/78       Comments concerning EPA/NYS
              Agreement:  Veechi, Over, Winsor

5/23/78       Memo to Eichler from
              H. Williams

5/3/78        Letter: M. Gaind to Berle
5/18/78        Letter: R. Matthews to
              J.C. McMahon
6/2/78        Letter: Loring to OTooleJfc.

6/12/78        Letter: Loring to M. Hurd

6/9/78        Letter: Loring to W. Friedman

8/16/78        Letter: Loring to Beck

                              €4*1.
6/30/78       Memo:  3. Northam'to
vtoflt.         Beck, et. al.

7/3/78        Letter: Richardson to Berle

7/7/78        Letter: Robinson to Berle

7/11/78        Letter: McManus to Berle

7/12/78        Letter: Frank to Berle

8/15/78        Letter: Helfgott to Eichler


8/28/78       Letter: Hennigan to Eichler

9/13/78        Memo:  Danels to Beck


9/27/78       Memo:  Oettinger to Eichler

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*9.  Onondaga County Environmental
      Management Council              9/12/78       Letter: Hennigan to Eichler

50.  Buffalo Sewer Authority            8/2/78       Letter: Menno to Secbald

51.   Central New York Regional
      Planning & Development Board     9/5/78       Letter: Hayes to Eichler

52.  NYS Department of State           8/11/78       Memo: Williams to Eichler

53.  NYS Dept. of Transportation        7/27/78       Letter: Smith to OToole

54.  Erie County Department of
                                       8/15/78       Letter: Voell to Friedman
                 r«

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     SUMMARY OF FUNDING PRIORITIES




IN THE NEW YORK STATE-EPA AGREEMENT

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State/EPA Agreement on Water Quality Management


       The State/EPA  Agreement has been developed to ensure the orderly
integration of water quality management planning and implementation activities
which are  being pursued by the various entities representing Federal,  State, and
local government,  and  to ensure that these activities are consciously geared to
achieve the attainment  and maintenance of the objectives of the Clean Water Act.
It also serves as a broad management document reflecting important decisions
of New York State and EPA on New York State's environmental problems, priorities,
timing of solutions, responsibilities and allocation of resources available from  the
Clean Water Act (CWA),  Safe Drinking Water Act (SDWA) and  the Resource
Conservation and Recovery Act (RCRA), as well as the State funding.  Funding is
dependent  on State  and  Federal budgeting processes.


Clean Water Act (CWA)

       New York State, through the Department of Environmental Conservation
(DEC),  will be receiving grant awards through four sections of the  CWA:  §106,
§201, §205g,  §208* and §314.  These water grants are reflected in the activities
listed in the Agreement.

        1.   Section 106.   Water Pollution Control (WPC) Program Grant

            Federal Fiscal Year  1979
            Federal Grant Funds                           $2,886,400
            State Matching Funds                             4, 466, 765
                                          TOTAL          $7, 353, 165

        A federal grant under section 106 is provided to foster development of
affected state programs to implement the  Clean Water Act.  These programs
include:  monitoring and  surveillance, development of water quality standards
and stream classifications,  issuance and enforcement of discharge permits,
administration of the municipal construction grant program and response to
water quality emergencies.


        2.  Section 201 and  1972  Environmental Quality Bond  Act
             - Municipal Construction Grant Program

            Federal Fiscal Year 1979
            Federal Grant (75%)                            $446,077,800
            State Matching Grant (12^%)                       74,  346, 300
            Local  Share (12J%)                               74,  346, 300
                                          TOTAL          $594,770,400

        A  federal and State grant program for the construction of publicly owned
 treatment works.  ^ The direction for this program is in accordance with the strategies
 and activities as identified  in the Agreement.

 *208 grants are also made directly to designated areawide agencies.

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       3.   Section 205g.  State Management Assistance

            Federal Fiscal Year 1979
            "First Round" 205g (construction grant program)            $6, 500, 000
            "Second Round" 205g (Permit program, wpc,  program
            support, New Office of Policy and Program Analysis)        1, 500, OOP
                                                           TOTAL    $8,000,000
       The Clean Water Act of 1977 includes an amendment to Section 205 of the
Federal Water Pollution Control Act which provides funds for states to manage
certain aspects of the water pollution control program.  These funds are available
to states to manage the municipal construction grants program, the wastewater
discharge permit program, the dredge or fill material permit program and the area-
wide waste treatment management planning program, in the order of priority listed.
The level of funding available through Section 205, State Management Assistance,
is 2% of the State's annual construction grant allotment.  New York State intends
to spend  this at the rate of approximately $8 million per year (for six years), assuming
a national construction  grant appropriation of $4. 5 billion and New York's allotment
of 10. 62%.  Each year's funds  are available for expenditure for a period of 5 years.

          "First Round" 205g funds will  be used by DEC to  assume from EPA
substantial delegation and administration of the federal Construction Grants
Program  - $6, 500, 000.
          "Second Round"  205g  While first  round monies will be used to
assume the administration of the construction grants program, second round
monies, amounting to $1. 5 million, and . 830 million freed-up State Purposes
funds (first round monies free-up state funds from positions  associated with
the construction grants program),  are proposed for the following:
          --Toxic Substances Coordination
          --Industrial programs
          --Permits,  Compliance and Standards
          --Monitoring and surveillance
          --Staff training (Pure Waters)
          --Office of Policy and Program Analysis
          --The Areawide Waste treatment Management Program
          --Additional administrative support services necessitated by
            additional 205g funded workload
       4.  Section 208.  Areawide Waste Treatment Management Plans

           Federal Fiscal Year 1977 Funds
           October  1,  1978-May28,  1979 Grant Extension
           Federal Grant (additional allocation -  75% grant)            835,000
           State Matching  Funds                                      278, 00^0
                                                 TOTAL            1, ti •:, 000

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       Section 208 mandates an areawide planning process which is underway in
New York to ascertain the most effective ways to achieve the 1983 national goal of
swimmable, fishable waters through better management of society's wastes.

       Six urban regions in  the State were designated by the Governor to conduct
208 planning programs.  The "designated areas" have completed drafts  of the...
plans and are currently applying for new grants for their continuing areawide
planning process.  DEC was  selected as the 208 planning agency for the rest of
the State.  The State's  initial 208 plan will be completed by May 29, 1979.  DEC
must also oversee  the designated area programs and coordinate their separate
plans into the NYS  plan.

       Specifically all  the Plans must:

            a.   Provide cost effective,  point  source treatment  and control for
                areas of urban-industrial concentrations having substantial
                water quality control problems.

            b.   Provide for control of non-point sources in urban industrial
                and other areas where  such controls are required including
                prevention of water quality problems in the future.

            c.   Provide for coordinated waste treatment management in such
                areas.  It is anticipated that EPA will conditionally approve
                the designated area plans and DEC will  continue to provide
                coordinated technical guidance beyond 1979 for both their
                initial  and continuing annual  update planning process.
          EPA  Region II has received $5. 883 million and expects an additional
$. 499 million in federal FY 208 funds.  A limited amount of the $5. 883 million
has already been obligated in the form of interim grants to designated areawide
and state planning agencies.  The remainder will be  obligated among  areawide
and state agencies  on the basis of demonstrated need.  In NYS the vehicle for
demonstrating need will be a revised Chapter 2-C of the State/EPA Agreement.
        5.   Section 314.  Clean Lakes (Proposed)

            State Fiscal Year 1979-80 (approximately)
            Federal Grant (70%)                            $100,000
            State Matching Funds                             46, OOP
                                                 TOTAL   $146, 000

        To develop a lake management strategy for New York State's Lakes  which
acknowledges the  diverse recreational uses of lakes such as swimming,  boat,
fishing, etc. ; provides for the  devd opment of data on factors which affect  those

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uses such as aquatic plant growth, algae growth, water quality; develop a
classification system for NYS lakes; provides for the development of restoration
techniques for lake improvement; improves public education and information
dissemination on lake problems and management techniques.  The Clean Lakes
program involves all State agencies and DEC program divisions  concerned with
lake use and management.


Safe Drinking Water Act (SDWA).   Department of Health (DOH)

            Federal Fiscal Year 1979
            Grant (75%)                                     $1,431,900
            State Match                                         659, 084
                                                 TOTAL   $2,090,984

       DOH is continuing to administer the State  Water System Supervision
Program in New York State.  This program entails supervision and technical
assistance for water quality surveillance at both community and  non-community
water systems.   Activities include microbiological,  organic and inorganic chemical
radioactivity and .turbidity sampling and analysis as well as plan review, laboratory
services and certification,  training and certification of water treatment plant operators,
enforcement and emergency planning.

       The department is also continuing its surface  impoundment assessment
study using a separate grant of $200,000.


Resource Conservation and Recovery Act (RCRA).  Division of Solid Waste

            Federal Fiscal Year 1979
            Subtitle C Hazardous Waste Management       $   841,175
            Subtitle D-State or Regional Solid Waste Plans       943, 500
            Federal Grant Total                            $1,784,675
            State Matching Funds                               608, 031
                                                 TOTAL   $2,392,706

       Subtitle  C of RCRA provides for the authorization of state regulatory
programs for hazardous waste management and for financial assistance for such
programs.   Chapter 639 of the Laws of New York  of 1978,  the Industrial Hazardous
Waste Management Act,  provides regulatory  authority to DEC for controlling the
transfer, storage and disposal of hazardous waste.

       Activities to be undertaken include review  and amendment as necessary of
legislation and regulations,  permitting, devd opment of a manifest system to track
hazardous  wastes, surveillance and enforcement,  technical assistance, registration
of waste collectors and development of a notification  system to alert officials to
persons  or firms generating, storing, transporting,  treating or disposing of hazardous
wastes.

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       Subtitle D of RCRA requires that all solid waste (not including  hazardous
waste) be utilized for  resource recovery or be disposed of in an environmentally
sound manner.  It supports states in their establishment of regulatory control
over the disposal of solid wastes not regulated pursuant to Subtitle C,  and to
encourage resource recovery.

       Activities include updating State strategy, developing a regulatory plan,
identification of local  and regional planning responsibilities with assistance for
development, review of regulatory powers, inventorying and closing or upgrading
of open dumps,  review of disposal facility plans, prohibition of new open dumps,
technical,administrative and marketing assistance to local governments and private
groups to promote  resource conservation and recovery programs,  as well as
training  courses.  Facility planning and development technical assistance will be
supplied on a limited basis.  Technical assistance training and public education  of
a general nature to help regional and local governments improve solid waste management
facility operation and  refuse collection practices will also be undertaken.


State/EPA Agreement-Deferred Activities

       Due to budgetary restraints DEC has had to prioritize programmatic
activities.  Certain of the strategies for implementation will not be undertaken
or will only be undertaken on a limited basis until later in the Agreement period.
These strategies are:

        1.   2-1   Hydraulic/Hydrologic Modifications
            - Almost  all deferred until later in Agreement period

        2.   2-14 Public Water Supply
            _ With the exception of the development of the DOH-DEC Interagency
              Agreement,  virtually all strategies affecting the integrated role between
              DOH and DEC are deferred.

        3.   2-17 Land Use Management
            - Many of the activities deferred

       4.   2-18 Water  Conservation and Reuse
              Virtually totally deferred

        5.   2-21 Management and Institutional Aspects
            - Largely deferred

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