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ENB - Statewide Notices 3/18/2009

Public Notice

Environmental Conservation Law Section 27-2107(8) Final Written Finding on Non-Mercury Alternatives to Certain Mercury-Containing Products

A draft written finding on Non-Mercury Alternatives to Certain Mercury-Containing Products was published in the Environmental Notice Bulletin on March 5, 2008.

Pursuant to Environmental Conservation Law 27-2107(8), directing the New York State Department of Environmental Conservation (NYS DEC) Commissioner (Commissioner) to issue a written finding on or after January 1, 2008 but no later than February 20, 2008, as to whether "non-mercury alternatives are comparable in price to, are as effective in performance as, and are as accurate and precise as mercury sphygmomanometers, mercury wetted reed relays, mercury flame sensors, mercury thermometers other than thermometers prohibited from sale pursuant to Environmental Conservation Law Section 27-2107(2), or mercury thermostats, except for mercury thermostats used by the blind or visually impaired person", the Commissioner has issued the following final finding that:

Mercury Sphygmomanometers - there are non-mercury (aneroid) sphygmomanometers comparable in price to, effective in performance as, and accurate and precise as mercury sphygmomanometers.

As further explained in the Commissioner's Finding, the statutory prohibition on the sale will not apply to the following conditional affirmative findings:

Mercury Wetted Reed Relays - with limited exceptions there are non-mercury relays comparable in price to, effective in performance as, and accurate and precise as mercury wetted reed relays.

Mercury Flame Sensors - with limited exceptions there are non-mercury flame sensors comparable in price to, effective in performance as, and accurate and precise as mercury flame sensors.

Mercury Thermostats (except for mercury thermostats used by a blind or visually impaired person) - with limited exceptions there are non-mercury thermostats comparable in price to, effective in performance as, and accurate and precise as mercury thermostats.

Mercury Thermometers (other than thermometers prohibited from sale pursuant to Environmental Conservation Law Section 27-2107(2)) - with limited exceptions there are non-mercury thermometers comparable in price to, effective in performance as, and accurate and precise as mercury thermometers.

This final written finding shall be effective 30 days after the date of publication herein.

A copy of the final Commissioner's Finding can be reviewed on the NYS DEC website at: www.dec.ny.gov/chemical/41169.html or by calling the Department's contact person:

Peter M. Pettit
NYS DEC - Division of Solid and Hazardous Materials
Bureau of Solid Waste Reduction and Recycling
Waste Reduction and Outreach Section
625 Broadway
Albany, NY 12233-7253
Phone: (518) 402-8705
Fax: (518) 402-8654

Information on Mercury Management in New York State is available at http://www.dec.ny.gov/chemical/285.html.


Final Adoption

Pursuant to Environmental Conservation Law Sections 1-0101(3)(b),1-0101(3)(d), 3-0301(1)(b), 3-0301(1)(d), 3-0301(2)(m), 9-0105(1), 9-0105(3) and 9-1303 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Adoption of a new section 192.5 to Title 6 NYCRR, firewood restrictions to protect forests from invasive species.

Effective March 18, 2009

For further information:
Bruce Williamson
NYS DEC
625 Broadway, 5th floor
Albany, New York 12233-4253
Phone: (518) 402-9425


Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund (DWSRF) for Additional Funding; Fund Adjustments; Amended Project Readiness List

The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) announce that the Federal Fiscal Year (FFY) 2009 Intended Use Plan (IUP) for the Drinking Water State Revolving Fund (DWSRF), dated September 30, 2008, is being amended.

Amendment No. 4 reflects adjustments to the sources and uses of funds available for the remaining FFY 2009 IUP financing period through an increase in the DWSRF appropriation to New York State in the amount of $86.8 million from the American Recovery and Reinvestment Act (ARRA). Of this appropriation, no less than 50% ($43.4 million) will be used for additional subsidization. To the extent available, additional subsidization for project costs eligible for ARRA funding will be available to both hardship and non-hardship projects. Also, not less than 20% ($17.36 million) will be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative projects, to the extent that qualifying applications are received.

These fund adjustments will be used to finance projects on the amended DWSRF 2009 IUP Project Readiness List that meet ARRA requirements described in the Amendment. Priority for ARRA funds will be given to projects that can start construction within a short time frame.

For projects on the 2009 Final IUP Project Readiness List below the Funding Line, the deadline for submitting project financing applications has been extended to May 1, 2009. Financing applications received after May 1, 2009 for projects on the amended Project Readiness List will be held by NYS EFC and may be considered for subsidized funds later in FFY 2009, if sufficient funds are available. The DWSRF financing application package was revised in February 2009 and is available by calling NYS EFC at: 800-882-9721 or on the NYS EFC website at: www.nysefc.org (click on "Programs", then "Drinking Water State Revolving Fund", then "Application Process").

The Draft Amendment No. 4 is available on the NYS DOH website at: www.health.ny.gov/environmental/water/drinking/water.htm. Written comments on Amendment No. 4 to the DWSRF IUP will be accepted by mail or fax until close of business on April 3, 2009 and should be addressed to:

Victor E. Pisani
NYS Department of Health - Bureau of Water Supply Protection
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Fax: (518) 402-7659


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