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ENB - Statewide Notices 7/22/2009

Public Notice

Notice of Auction

On September 9, 2009, the New York State Energy Research and Development Authority (NYSERDA) will be participating in a regional auction for the sale of carbon dioxide allowances under the Regional Greenhouse Gas Initiative (RGGI) in accordance with the CO2 Allowance Auction Program (Title 21 NYCRR Part 507). The auction will be conducted on September 9, 2009, from 9 a.m. until 12 p.m. ET. In this auction, NYSERDA will be making available for sale 11,861,849 allowances from the 2009 Allocation Year, and 776,385 allowances from the 2012 Allocation Year. All parties are eligible to participate in this auction provided they become qualified and meet all other participation requirements. Applications for participation are due July 29, 2009. Complete details on the September 9, 2009 auction, including the auction schedule, participation requirements, and auction documents can be found at: www.rggi.org. The NYSERDA contact person regarding the New York CO2 Allowance Auction Program is Kevin Hale, who can be contacted at: rggi@nyserda.org.


Notice of Adoption

New York State Department of Environmental Conservation

6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, and 19-0305 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on July 2, 2009, to be effective August 6, 2009, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions.

This rulemaking will update 6 NYCRR 200.10, Table 4 to incorporate by reference each of the new and amended National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations as they were printed in the July 1, 2007 Code of Federal Regulations and to correct existing typographical errors. 6 NYCRR 200.9 will also be updated to reflect the new references in Section 200.10. Pursuant to Section 112 of the Clean Air Act of 1990, New York State will implement and enforce all requirements under Section 112 for NESHAPs.

For further information, contact:
Rick Leone
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: air.regs@dec.ny.gov


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control

Drinking Water State Revolving Fund (DWSRF)

Draft 2010 Intended Use Plans (IUPs)

Public Meeting and Hearing; Comments; Applications


The New York State Environmental Facilities Corporation (NYS EFC), the New York State Department of Environmental Conservation (NYS DEC) and the New York State Department of Health (NYS DOH) are pleased to announce the availability of the draft Federal Fiscal Year (FFY) 2010 Intended Use Plans (IUPs) for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF). The CWSRF and DWSRF programs are available to municipalities and certain non-municipal entities in New York State to finance water quality related projects. NYS EFC estimates that approximately $475 million will be available for subsidized financing for the CWSRF during FFY 2010. NYS DOH estimates that approximately $295 million in subsidized financing will be available for the DWSRF during FFY 2010. The IUPs include lists of projects that could receive low-interest subsidized and non-subsidized financing between October 1, 2009 and September 30, 2010, the next IUP financing period. The interest rate for subsidized financings is 1/2 (CWSRF) or 1/3 (DWSRF) of the market rate for bonds. Please visit NYS EFC's website at: www.nysefc.org for more information.

Eligible Projects:

CWSRF
- Municipal water pollution control projects eligible for CWSRF low-interest subsidized and non-subsidized financing include: wastewater treatment facilities and conveyance systems; combined sewer overflow abatement facilities; energy efficiency; security; water quality aspects of landfills; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality.

Non-municipal entities, as well as municipalities, may apply for CWSRF assistance for non-point source projects which protect water quality under Section 319 of the Clean Water Act or implements an approved National Estuary Plan under Section 320 of the Act. Projects eligible for CWSRF low-interest subsidized financing include, but are not limited to: land acquisition, including wellhead protection; brownfield remediation; landfill leachate collection, storage and treatment; landfill gas collection and control; landfill capping; stormwater management; wetland and waterbody restoration; water reuse and recycling; deficient or failing decentralized septic systems; or other non-point source projects to maintain, protect or improve water quality under Section 319.

DWSRF
- Drinking water systems eligible for DWSRF low-interest subsidized and non-subsidized financing are: municipal and privately-owned community water systems, and non-profit, non-community water systems. Municipally-owned water systems are also eligible for low-interest non-subsidized financing. Projects eligible for DWSRF financing include: construction, rehabilitation, and upgrading of water treatment plants; transmission and distribution mains; storage facilities; pump stations; interconnections; rehabilitation or development of new drinking water sources; consolidation of water supply services; upgrades to existing water systems; and capital investments to improve security of drinking water systems.

Intended Use Plans and Project Listing:

Eligible entities interested in financing one or more projects not currently listed in the draft CWSRF IUP or draft DWSRF IUP should submit the appropriate IUP project listing information before Friday, September 4, 2009 as provided below. For assistance with the IUP listing process, please call the NYS EFC or NYS DOH office listed at the end of this notice.

For CWSRF projects, an applicant will need to provide a CWSRF Project Listing Form and an approvable engineering report or technical report to NYS EFC by September 4, 2009 to be listed for financing of projects in the Annual List of the final CWSRF IUP. Separate listing forms are available for municipal wastewater and nonpoint source projects, for municipal and not-for-profit land acquisition projects, and for non-municipal nonpoint source projects.

For DWSRF projects, an applicant will need to provide a DWSRF Pre-Application Form and an engineering report or plans and specifications to the NYS DOH by September 4, 2009, or have completed construction, to be included on the Project Readiness List in the final DWSRF IUP.

A notice regarding the availability of the draft IUPs will be mailed to municipal applicants, system owners, financial advisors, consulting firms, and other interested parties. Copies of the draft IUPs will be available at New York State Documents Depository Libraries. The CWSRF IUP will also be available on the NYS EFC website at: www.nysefc.org (click on "Programs", then "Clean Water State Revolving Fund", then "Intended Use Plan"). The DWSRF IUP will also be available on the NYS DOH website at: www.health.ny.gov (click on the "Topics A to Z" button, "Drinking Water", and "Drinking Water State Revolving Fund").

Due Date for Comments:

Written statements or comments on the draft IUPs can be filed prior to the September 4, 2009 deadline or at the hearing. If you intend to provide testimony at the public hearing, please provide a copy of the testimony prior to or at the beginning of the public hearing. Written and oral statements will be made part of the official records. Written statements or comments on the draft IUPs should be filed with the following programs by close of business on the dates as indicated below:

CWSRF Program:

Submit comments by:
Friday, September 4, 2009
Submit comments to:
David S. Bradley
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, New York 12207-2997
Fax: (518) 402-7456
E-mail: iupcomments@nysefc.org

DWSRF Program:

Submit comments by:
Friday, September 4, 2009
Submit comments to: Victor E. Pisani
NYS DOH - Bureau of Water Supply Protection
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
Fax: (518) 402-7659

WEBINAR:

NYS EFC and NYS DOH will host a webinar on Wednesday, August 5, 2009, at 2:00 p.m.
This event will present an overview of the 2010 IUPs for both the CWSRF and the DWSRF, as well as an opportunity to answer questions. Log-on instructions for this webinar will be posted on NYS EFC's website at: www.nysefc.org.

Public Meeting and Hearing:


A joint public meeting and hearing will be held to review the draft FFY 2010 CWSRF IUP and DWSRF IUP. The date, time and location of the public meeting and hearing are provided below. Pre-registration is not required. Reasonable accommodations will be provided for disabled persons if requested in advance.

Date: Thursday, August 6, 2009
City / County: Town of Colonie, Albany County
Time: 1:00 PM
Location: William K. Sanford Town Library
The Stedman Room
629 Albany Shaker Road (Exit 4 off I-87) ( ¼ mile east on Albany Shaker Road)
Albany, NY
Phone: (518) 458-9274

Application Packages and Due Dates:


The FFY 2010 CWSRF and DWSRF Application Packages will be available at: www.nysefc.org to applicants with projects on the draft 2010 CWSRF or DWSRF IUPs that may be potentially reachable for subsidized financing during this IUP period (October 1, 2009 to September 30, 2010). Applicants with projects that will not be reachable for subsidized financing will be invited to submit an application for non-subsidized financing. Copies of the application packages will also be available at the public meeting and hearing. For a copy of the FFY 2010 CWSRF or DWSRF Application Package, please call the NYS EFC office listed at the end of this notice or refer to the NYS EFC website.

Applications for CWSRF and DWSRF financing are accepted on a continuous basis. For FFY 2010, the deadline for submittal of complete applications for subsidized CWSRF financing to NYS EFC is March 1, 2010 for both SRF programs. Applications for unsubsidized financing can be submitted at any time.

NYS EFC and NYS DOH Contacts:

For a copy of the draft FFY 2010 IUP, assistance with the IUP listing process, or for information on these SRF programs, please contact:

CWSRF:
David Morseman
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 or (518) 402-7433
Fax: (518) 402-7456
NYS EFC website: www.nysefc.org

DWSRF:
Charles Amento
NYS DOH - Bureau of Water Supply Protection
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
Phone: (800) 458-1158 ext. 27650 or (518) 402-7650
Fax: (518) 402-7689

Listing Forms and Application Packages:


For a copy of the CWSRF Project Listing Form, the DWSRF Pre-Application Form, the CWSRF or DWSRF Financing Application Package Forms and Guidance, or the CWSRF or DWSRF Financial Hardship Application, please visit NYS EFC's website at: www.nysefc.org or contact David Morseman at the above NYS EFC address or phone number.


Clean Water State Revolving Fund (CWSRF)

CWSRF Emergency Regulation Revisions

The New York State Environmental Facilities Corporation (NYS EFC) has adopted emergency amendments to the New York State Clean Water Revolving Fund (CWSRF) Regulations, currently codified under 21 NYCRR Part 2602. The CWSRF program was created and is jointly administered by the New York State Department of Environmental Conservation (NYS DEC) and NYS EFC pursuant to Chapter 565 of the Laws of 1989.

The emergency rule amends 21 NYCRR Part 2602 to set forth rules and procedures whereby NYS EFC can implement the requirements and objectives of Public Law 111-5, also known as the American Recovery and Reinvestment Act of 2009, in order to enable the CWSRF to accept and expend federal funds to stimulate the economy and to retain and create jobs for the benefit of the people of New York State.

Among the amendments to the CWSRF is an addition to the CWSRF Project Priority System for the purpose of including green infrastructure, water or energy efficiency improvements or other environmentally innovative activities.

The proposed NYS EFC CWSRF emergency regulations were filed with the Department of State on July 13, 2009, and are effective as of that date. The notice of emergency adoption will be published in the State Register on July 29, 2009.

The NYS EFC CWSRF emergency regulation revisions are available on the NYS EFC web page at: www.nysefc.org (Click on "Programs", then "Clean Water State Revolving Fund", then "Regulations").

For a copy of the NYS EFC CWSRF emergency regulation revisions, or information on the CWSRF program, please contact:

David Morseman
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 (within NYS only) or (518) 402-7433
Fax: (518) 402-7456


Notice of Emergency Rule Making

New York State Department of Environmental Conservation

6 NYCRR Part 649, New York State Water Pollution Control Revolving Fund Regulations

Pursuant to Environmental Conservation Law Sections Environmental Conservation Law Sections 1-0101, 3-0301, 15-0101, 15-0105, 15-0109, 15-0315, 15-0317, 15-1303; L.1989, ch. 565

Purpose:

The emergency rule amends 6 NYCRR Part 649 to set forth rules and procedures whereby the New York State Department of Environmental Conservation (NYS DEC) can adhere to its current administrative policies and practices and also meet a February 10, 2010 deadline for States to have projects underway or under contract or lose the funds provided in the stimulus legislation entitled the "American Recovery and Reinvestment Act" (ARRA).

The proposed regulations allow for funding to be extended to green infrastructure, water, and energy efficiency improvements or other environmentally innovative activities and projects. Other provisions allow the NYS DEC to provide funding for pre-design planning and to bypass projects on the Intended Use Plan based upon project readiness. The use of ARRA funds in New York State will create and retain jobs, and fuel critical environmental infrastructure construction throughout New York State.

For further information, contact:

Robert Simson
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8271


Data Solicitation for 2010 Federal Clean Water Act (CWA) Section 303(d) List

Section 303(d) of the Federal Clean Water Act requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2010. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2010 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Every year waters in two or three of the 17 drainage basins in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every five years. The assessment of these waters is a public process and participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

However every two years, corresponding to the development of New York State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the List, but will be used during the subsequent water quality assessment for the corresponding basin during the reassessment cycle. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and will also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to maintain an effective and comprehensive review of solicited data and information and insure the timely submittal of the List, it is necessary to establish a cut-off date for the receipt of water quality data and information. Therefore, in order to be included for full consideration in the compiling of the 2010 CWA Section 303(d) List, data and information must be received by September 30, 2009. It is not the intent of this cut-off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to the United State Environmental Protection Agency (USEPA) by April 1, 2010.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2010 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet. This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. Information regarding the Waterbody Inventory/Priority Waterbodies List, including the WI/PWL worksheet and instructions for completing the worksheet, can found on the NYS DEC website at: www.dec.ny.gov/docs/water_pdf/pwlwrksht.pdf (PDF, 243 KB). Worksheet information can also be obtained by contacting the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179. Completed WI/PWL worksheets and supporting water quality monitoring data should be sent to the address above, or forwarded via email to: 4pwlinfo@dec.ny.gov. Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2010 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing

Methodology can be found on the NYS DEC website at: www.dec.ny.gov/chemical/31290.html. Additional information regarding the NYS DEC Water Quality Assessment Program, including the Waterbody Inventory/Priority Waterbodies List assessments and Section 305(b) water quality reporting can be found on the NYS DEC website at: www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC -Division of Water, Bureau of Water Assessment and Management, Water Quality Assessment Section, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, Fax: (518) 402-9029, E-mail: jamyers@gw.dec.state.ny.us.


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