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ENB - Statewide Notice

Public Notice

Notice of Emergency Adoption New York State Department of Environmental Conservation
6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301 and 19-0305, the New York State Department of Environmental Conservation hereby gives notice of the following:

Emergency Adoption amending 6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings, to eliminate the small manufacturers' exemption and establish a sell-through end date to eliminate the unlimited sell-through of non-complying coatings manufactured before January 1, 2005.

This amendment, necessary for the preservation of the health and general welfare, was adopted and effective upon filing with the Department of State on the 8th day of May, 2007, on an emergency basis as authorized by section 202(6) of the State Administrative Procedures Act.

For further information, contact:

Daniel S. Brinsko
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3251
Phone: (518) 402-8396
E-mail: 205aim@gw.dec.state.ny.us


Notice of Adoption
New York State Department of Environmental Conservation
6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301 and 19-0305, the New York State Department of Environmental Conservation hereby gives notice of the following:

Adoption amending 6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings, to eliminate the small manufacturers' exemption and establish a sell-through end date to eliminate the unlimited sell-through of non-complying coatings manufactured pursuant to a small manufacturer's exemption or before January 1, 2005.

This adoption was filed with the NYS Department of State on the 8th day of May, 2007 to be effective on the 7th day of June, 2007.

For further information, contact:

Daniel S. Brinsko
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3251
Phone: (518) 402-8396
E-mail: 205aim@gw.dec.state.ny.us


Clean Water State Revolving Fund Intended Use Plan
Drinking Water State Revolving Fund Intended Use Plan
Notice of Extension of State Bond Issuance Charge Waiver

The Federal Fiscal Year (FFY) 2007 Intended Use Plans (IUPs) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September 2006, and for the Drinking Water State Revolving Fund (DWSRF), dated September 28, 2006, are being modified to include a minor change that will not jeopardize the financing of other projects on the IUPs.

An extension to the State Bond Issuance Charge waiver was recently approved by the Division of Budget providing a waiver through March 31, 2008. Therefore, the State Bond Issuance rate for leveraged financings through March 31, 2008 will continue to be determined based upon the schedule included in section 10.3.1 of the final CWSRF FFY 2007 IUP and in Attachment III-1 of the final DWSRF FFY 2007 IUP.

For information regarding the CWSRF and DWSRF programs, please call the Environmental Facilities Corporation (EFC) toll-free line at (800) 882-9721 or (518) 402-7433, or visit the "Clean Water State Revolving Fund" and "Drinking Water State Revolving Fund" sections of the EFC web site at www.nysefc.org/.


Notice of Availability of State Assistance Funds

Applications will be accepted through June 29, 2007 for Aquatic Invasive Species Eradication Grants from municipalities and not-for-profit corporations. Acceptable projects are proposals to kill and/or permanently remove plants or animals that meet the definition of aquatic invasive species or aquatic nuisance species from water bodies or wetlands in New York State. Projects that kill or remove only a portion of the total population of a target species are eligible for consideration even though removal of only a portion of the target species population is something less than eradication. Projects that do not result in the death or removal of a target species as the main objective would not be eligible for funding assistance. Likewise, projects that are perceived as routine maintenance (e.g., knockdown or mowing of annual aquatic plants without attempting to eliminate them) are not likely to receive funding assistance. Successful grant applicants must match State assistance grant funding on a 1:1 basis (one state dollar for every applicant dollar); i.e., New York State may reimburse up to 50% of the approved project's total cost. A total of up to $2 million is available to the Department for eradication grants funded through the State Environmental Protection Fund (EPF) from combined SFY 2006/2007 and SFY 2007/2008 appropriations. The $2 million will be shared between this Aquatic program, and a new 2007 Terrestrial Invasive Species Eradication program, which is currently being initiated by the Department. No individual aquatic grant will be awarded for less than the minimum amount of $7,500 or exceed the maximum amount of $100,000. Other information on the program, including PDF versions of the "Information for Applicants" document, can be obtained from the NYSDEC website at: www.dec.ny.gov.

For an application, contact:
NYSDEC
ATTN: Timothy Sinnott
625 Broadway
Albany, New York 12233-4756
(518) 402-8970
txsinnot@gw.dec.state.ny.us


Draft Waterfowl Injury Assessment - PCBs in Hudson River Resident Waterfowl

The Department of Environmental Conservation (DEC) is releasing for public review and comment a Draft Study Plan for an injury study of Hudson River resident waterfowl. This Draft Study Plan was prepared as part of a Natural Resource Damage Assessment (NRDA) for the Hudson River being carried out jointly by DEC, the United States Department of the Interior (DOI), and the United States Department of Commerce (DOC). The public and the party or parties responsible for the contamination are requested to review the Draft Study Plan and provide feedback on the proposed approach. A 30-day public review period is being provided. Comments should be submitted by June 25, 2007 to the point of contact identified below.

Study Summary:

The Hudson River Natural Resource Trustees - New York State, DOI and DOC - are conducting a NRDA to assess and restore natural resources injured by PCBs. As part of the NRDA, the Trustees have conducted several investigations focused on birds, including studies on Hudson River tree swallows, bird egg preliminary investigations in 2002-2003, and avian injury investigations in 2004-2005. An avian egg PCB injection study began in 2006 and is on-going.

The Trustees have determined that it is appropriate to conduct an assessment of PCBs in Hudson River resident waterfowl. The study proposes to examine PCB contaminant levels in resident hatch-year and adult waterfowl, primarily mallards, residing on or along the Hudson River in order to determine whether waterfowl have been injured by the presence of PCBs found in the riverine environment. Pursuant to Federal regulation, an injury to waterfowl is established when the concentration of PCBs in edible portions of the waterfowl exceed tolerance levels established by the U. S. Food and Drug Administration.

The Draft Study Plan is available at public libraries in the following communities: Glens Falls, Saratoga, Troy, Poughkeepsie, Ballston Spa, Albany, Bethlehem, Athens, Croton, Catskill, New Paltz, White Plains, Cornell Cooperative Extension in Kingston, the Washington County Clerk's Office in Fort Edward, the New York State Library in Albany and at college libraries at Rensselaer Polytechnic Institute, Marist and SUNY/Albany. The Draft Study Plan is also available at DEC's office at 625 Broadway in Albany and on the website at www.dec.ny.gov. Written comments can be sent by June 25, 2007, to: Steven Jay Sanford, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4756, or by e-mail to: sxsanfor@gw.dec.state.ny.us.


Researchers Using Pesticide Registry or Pesticide Application Information
Reporters of Pesticide Information to the NYS Department of Environmental Conservation

Public Health Law § 2411(1)(d) requires the Health Research Science Board ("Board") to review requests by researchers engaged in human health related research projects for access to pesticide registry information maintained by the New York State Department of Environmental Conservation pursuant to Environmental Conservation Law (ECL) § 33-1203(1)(b) and pesticide application information maintained by private applicators of pesticides pursuant to ECL § 33-1205(2)(c). Pesticide registry and pesticide application information sought by researchers may include the names, addresses and other information that would identify commercial or private applicators of pesticides and/or persons who receive the services of a commercial applicator ("confidential pesticide registry and pesticide application information"). PHL § 2411(1)(d) provides that the Board "shall establish guidelines to restrict the dissemination by researchers of the name, address or other information that would otherwise identify a commercial applicator or private applicator or any person who receives the services of a commercial applicator."

In accordance with this statutory mandate, in 1998, the Board developed three documents:

1. a form to be used by researchers seeking pesticide registry information from the Board or pesticide application information from pesticide applicators ("request form"),
2. guidelines to restrict the dissemination of confidential pesticide registry and pesticide application information by researchers ("confidentiality guidelines"), and
3. a confidentiality agreement between a researcher and the Board, which would require the researcher to maintain the confidentiality of any confidential pesticide registry or pesticide application information obtained by the researcher from the Board or a private applicator ("confidentiality agreement").

In addition, an information sheet was created summarizing the above documents and the process for researcher access to the confidential pesticide registry and pesticide application information. Revisions to these documents were approved by the Board at its annual public meeting on April 27, 2007. These revised forms are now available to researchers who wish to gain access to the confidential pesticide registry and pesticide application information.

Copies of the revised request form, confidentiality guidelines, confidentiality agreement, and information sheet may be obtained by calling the NYS Department of Health toll-free at 1-800-458-1158, extension 2-7820 or by visiting our web site at www.health.ny.gov/environmental/pesticide/reporting/index.htm.


DEC's Municipal Separate Storm Sewer System (MS 4) Annual Report

The Department of Environmental ( DEC ) is regulated as an atypical entity under the MS 4 Program, Permit No. GP-02-02. DEC's own MS 4 Program has been issued SPDES Permit Number NYR20A252. The MS 4 Program requires each regulated entity to develop and implement a stormwater management program for covered activities and to report on its progress through an Annual Report. DEC will hold a public meeting to allow for public comment on its MS 4 program. The public meeting will held on May 25, 2007 from 1:00 to 2:00 p.m. at the DEC, 625 Broadway, Room 326, Albany, NY.

Contact: John E. Iannotti, 625 Broadway, Albany, New York 12233-5250, Phone: (518) 402 -9055, Fax: (518) 402-9053, E-mail: jeiannot@gw.dec.state.ny.us.


Final Amendment # 4 to the Drinking Water State Revolving Fund Intended Use Plan issued September 28, 2006

Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #4 to the Drinking Water State Revolving Fund Intended Use Plan issued September 28, 2006 was published in the April 25, 2007 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #4 closed on May 10, 2007. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

"The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 28, 2006 to add a project to the Project Readiness List, to adjust the estimated project cost for three DWSRF projects and to revise the project score for one DWSRF project listed on the Project Readiness List. Project descriptions and explanations of the reason for the cost increases and scoring change are included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
(V) Ellisburg Jefferson Extend Distribution System, New System Consolidation 17201 $2,992,700 $3,945,000 The cost increase is a result of an update of the original project estimate by the engineer.
(C) Peekskill Westchester New water treatment plant. Phase 2 of 17152 17520 $9,000,000 $14,400,000 Place the project on the readiness list with a score of 2080. This project was received prior to the submittal deadline for the final IUP and placed only on the multiyear list due to a data input error. The increase in cost is based on the actual construction bids that were received.
(T) Lafayette Onondaga Connection with OCWA for GUDI source compliance., Upgrade Distribution System, New Interconnection 17480 $1,441,900 $1,441,900 Score increase to reflect Short Term financing closing. The project was listed at 110 points in the final IUP and with this amendment it is listed at 1110 points.
(T) Campbell Steuben New Groundwater Source, New Storage, New Distribution System 16289 $0
($2,892,300 short term amount closed)
$627,821
($3,520,121 will be the total long term financing amount)
The cost increase is a result of an update of the original project estimate by the engineer. The current cost is $0 since it reflects that the original project cost of $2,892,300 was provided in a short term financing to the community.

The Department has determined that the project addition, project cost increases, and project scoring revision are necessary and reasonable. Although the project priority rankings were altered to accommodate the addition of one project and the scoring revision of one project, these project changes will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted change, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings."

The revised Project Readiness List may be obtained by calling DOH's toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.


The New York State Department of Environmental Conservation (NYSDEC) announces its issuance of a statewide Section 401 Water Quality Certification to the US Army Corps of Engineers for the Corps' latest suite of Nationwide Permits (NWPs).

The Corps published notice of the Nationwide Permits in the March 12, 2007 Federal Register and the Permits became effective March 19, 2007. Pursuant to Federal regulations, the NYSDEC was required to issue a Water Quality Certificate within 60 days of the Federal Register publication. The Water Quality Certificate became effective on May 11, 2007.

The Department's Section 401 Water Certification approves many NWPs, some with conditions and restrictions, and denies others. Projects meeting the criteria of NWPs authorized by the Water Quality Certificate may be conducted with no further review from NYSDEC, unless other Department regulatory approvals are required by the action. The restrictions and conditions imposed on some NWPs limit authorized activities, or specify the circumstances under which the certification is applicable. Activities unable to meet these restrictions and conditions require individual Water Quality Certification from the NYSDEC. Activities carried out under Nationwide Permits denied Section 401 Water Quality Certification also require individual Water Quality Certifications.

The Section 401 Water Quality Certification can be reviewed on the NYSDEC website at www.dec.ny.gov/permits/6546.html. A copy may be obtained by contacting John Ferguson at (518) 402-9168 or via email at jjfergus@gw.dec.state.ny.us.

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