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ENB - Statewide Notices 9/30/2009

Public Notice

Pursuant to the Environmental Conservation Law Article 15, section 0313; Article 24, section 0701; Article 33, sections 0301 and 0303, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption to amend 6 NYCRR subdivision 328.6(c) pertaining to Authorized Chemicals and Specifications. This notice will be published in issue 39 of the State Register, dated September 30, 2009.

For further information please contact:

Steve Hurst
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4753
Phone: (518) 402-8920
E-mail: sshurst@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections 11-0303 and 11-0913, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR section 1.20 pertaining to Deer Management Permits. This notice will be published in issue 39 of the State Register, dated September 30, 2009.

For further information please contact:

Gordon R. Batcheller
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4753
Phone: (518) 402-8885
E-mail: grbatche@gw.dec.state.ny.us


Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The New York Invasive Species Council is convening its sixth regular meeting on:

Date: Wednesday, October 7, 2009

Time: 10:00 a.m. to 1:00 p.m.

Location: NYS Department of Agriculture and Markets
Produce Room
10 B Airline Drive
Albany, NY

The Council comprises nine State agencies and is co-led by the New York State Department of Environmental Conservation and the New York State Department of Agriculture and Markets.

This meeting is open to the public. Attendees will be required to show a drivers license or other photo ID at the Security Desk.


New York State Department of Environmental Conservation is Revising the Ten-Year Pheasant Management Plan

New York State Department of Environmental Conservation (NYS DEC) announced the availability for public review of a draft document describing some proposed changes to its 10-year pheasant management plan. The draft document would update NYS DEC's Ten-Year Management Plan for Ring-necked Pheasants in New York that was adopted in 1999. When final, the revised plan will be in effect through 2020.

A team of NYS DEC biologists and technicians reviewed the current pheasant plan and programs, looked at how other states manage pheasants, talked to other NYS DEC staff and sportsmen, and prepared a succinct action plan for guiding management and use of pheasants in New York through 2020. The team expects wild pheasants to decline further in most areas, so emphasis was on making the best use of propagated pheasants to satisfy recreational hunting interests. They considered simpler and more liberal seasons, costs and benefits of cooperator programs, and best uses of propagated pheasants, including ways to better serve people with special needs such as youth and people with disabilities. The team assumed that the current level of staff and fiscal resources for pheasant propagation and management would continue.

Some highlights of the plan revision include a number of proposed changes from the current plan, such as:

  • Pheasant hunting seasons would be extended in most areas to provide greater hunting opportunity
  • The cock-only hunting area in western New York would be reduced to reflect changing habitat and land use;
  • The Young Pheasant Release Program (YPRP) would be discontinued after 2010, but the Day-old Chick cooperator program would continue;
  • Adult pheasant production would be increased from 25,000 to 30,000 birds beginning in 2011 if the YPRP is discontinued;
  • Adult birds would no longer be provided for field trials;
  • Pheasant hunting areas would be established for people with disabilities; and
  • A focus area would be established in western New York to concentrate efforts for wild pheasant management by NYS DEC and other interested organizations.

    The draft pheasant management plan, and much additional information about pheasants in New York, can be found on the NYS DEC website at: www.dec.ny.gov/animals/7071.html. If you do not have access to the internet, please call (607) 273-2768 to request a copy of the draft plan.

    Actions described in the draft plan are subject to change based on comments received by November 13, 2009. Comments, questions, or requests for a paper copy of the draft plan should be directed to Michael J. Murphy, NYS DEC - Region 7, Reynolds Game Farm, 81 Game Farm Road, Ithaca, NY 14850, Phone: (607) 273-2768, Fax: (607) 273-4148, E-mail: fwwildlf@gw.dec.state.ny.us (type "pheasant plan" in the subject line).


    Public Hearing Notice

    Revised Draft Hazardous Waste Facility Siting Plan and Draft Generic Environmental Impact Statement

    Revised versions of the New York State Hazardous Waste Facility Siting Plan and Generic Environmental Impact Statement (GEIS) that were proposed in 2008 are now available for public review. The revisions stem from the first of two required rounds of public comment opportunities and hearings on the draft GEIS and Siting Plan.

    The Siting Plan is intended to guide state agencies, authorities and other entities, to make decisions regarding the management and disposal of hazardous waste, so as to avoid potentially adverse impacts to air, land, water or public health. The GEIS evaluates and addresses any potential impacts the draft plan may have on the environment. However, it does not replace the need for a separate and distinct site-specific EIS for any hazardous waste management facility that is proposed to be sited or expanded in New York State in the future.

    Both the Draft GEIS and Siting Plan are available on the New York State Department of Environmental Conservation (NYS DEC) website at: www.dec.ny.gov/chemical/9054.html. The revised drafts incorporate the input received during the previous hearings and comment period and are subject to a second and final opportunity for public comment before finalization. Changes from the 2008 draft focus on incorporating the most recent data. The plan also includes a new Chapter 9, which acknowledges that there is not currently a need based on capacity for any new hazardous waste management facilities, but provides specific guidance for state agencies, authorities and facility siting boards in determining if a proposed facility is otherwise necessary or in the public interest. Also, in Chapter 2, the plan emphasizes the importance of reducing the amount of toxic materials produced and used in New York State, thereby decreasing the need for hazardous waste disposal. In response to public comments, the adoption of legislation that results in a regulatory approach to encourage and coordinate toxic use reduction is now one added option to help decrease the use of chemicals that contribute to hazardous waste.

    Hearings on the most recent updated draft are being held in each of NYS DEC's nine regions. The hearing locations are reasonably accessible to the mobility-impaired. Interpreter services can be made available to the hearing-impaired at no charge, upon request to the Department within a reasonable time period prior to the hearings.

    All persons, organizations, corporations, government agencies, and others wishing to comment on the proposed Siting Plan are invited to attend the hearings and to submit either written or oral statements. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Lengthy statements should be submitted in writing and summarized for oral presentation. Written statements received prior to the close of the public comment period and oral statements made at each hearing session will be given equal weight.

    The hearings will be held at the following times and locations:

    Date: November 5, 2009
    Time: 6:00 p.m.
    Location: NYS DEC - Region 1 Office
    50 Circle Road
    Room B-02
    Stony Brook, NY 11790
    Phone: (631) 444-0345

    Date: November 4, 2009
    Time: 6:00 p.m.
    Location: NYS DEC - Region 2 Office
    11-15 47th Avenue
    Annex Building Basement
    Long Island City, NY 11101
    Phone: (718) 482-4900

    Date: October 29, 2009
    Time: 6:00 p.m.
    Location: NYS DEC - Region 3 Office
    Conference Room 126 A&B
    21 South Putt Corners Road
    New Paltz, NY 12561
    Phone: (845) 256-3000

    Date: October 20, 2009
    Time: 6:00 p.m.
    Location: NYS DEC - Region 4 Office
    1130 North Westcott Rd.
    Conference Room 1A
    Schenectady, NY 12306
    Phone: (518) 357-2234

    Date: October 21, 2009
    Time: 6:00 p.m.
    Location: NYS DEC - Region 5 Office
    Main Conference Room
    232 Golf Course Road
    Warrensburg, NY 12885
    Phone: (518) 623-1230

    Date: October 22, 2009
    Time: 6:00 p.m.
    Location: NYS DEC - Region 6 Office
    Dulles State Office Building
    1st Floor Conference Room
    317 Washington St.
    Watertown, NY 13601
    Phone: (315) 785-2238

    Date: December 2, 2009
    Time: 6:00 p.m.
    Location: NYS DEC - Region 7 Office
    Hearing Room
    615 Erie Boulevard West
    Syracuse, NY 13204
    Phone: (315) 426-7400

    Date: December 1, 2009
    Time: 6:00 p.m.
    Location: NYS DEC - Region 8 Office
    Main Conference Room
    6274 East Avon-Lima Road
    Avon, New York 14414-9519
    Phone: (585) 226-2466

    Date: November 18, 2009
    Time: 6:00 p.m.
    Location: Niagara Falls Public Library
    Main Auditorium
    Earl W. Brydges Bldg.
    1425 Main St.
    Niagara Falls, NY 14305
    Phone: (716) 286-4905

    Date: November 19, 2009
    Time: 6:00 p.m.
    Location: Lewiston-Porter High School
    4061 Creek Road
    Youngstown, NY 14174
    Phone: (716) 754-8281

    Written comments will also be accepted if received by the close of business on December 14, 2009. Comments can be sent to John Iannotti, NYS DEC -Division of Solid and Hazardous Materials, 625 Broadway, Albany, New York 12233-7250. They can also be faxed to: (518) 402-9024 or e-mailed to: hwsiting@gw.dec.state.ny.us.


    Notice of Adoption

    6 NYCRR Part 215, Open Fires
    6 NYCRR Part 191, Forest Fire Prevention
    6 NYCRR Part 621, Uniform Procedures

    Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 9-0105, 9-1103, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 70-0707, 71-2103, and 71-2105 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

    Notice of Adoption of Rules on September 14, 2009, to be effective October 14, 2009, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 215, Open Fires; Part 191, Forest Fire Prevention; and Part 621, Uniform Procedures.

    These regulations will ban all open burning except: a) on-site burning of limbs and branches between May 15th and the following March 15th in any town with a total population less than 20,000, b) barbecue grills, maple sugar arches and similar outdoor cooking devices, c) small cooking and camp fires, d) on-site burning of (organic) agricultural wastes as part of a valid agricultural operation over five acres, e) liquid petroleum fueled smudge pots to prevent frost damage to crops, f) ceremonial or celebratory bonfires, g) disposal of a flag or religious item, h) burning on an emergency basis of explosive or other dangerous or contraband by police, etc., (i) prescribed burns performed according to 6 NYCRR Part 194, (j) fire training with some restrictions on the use of acquired structures, k) individual open fires to control plant and animal disease outbreaks as approved by NYS DEC upon the request by the Commissioner of Agriculture and Markets, and l) open fires without approval to control invasive plant and insect species. In addition, a permit will no longer be required.

    For further information, contact:

    Robert Stanton
    NYSDEC - Division of Air Resources
    625 Broadway
    Albany, NY 12233-3254
    Phone: (518) 402-8403
    E-mail: airregs@gw.dec.state.ny.us


    Notice of Adoption

    6 NYCRR Part 200, General Provisions
    6 NYCRR Part 235, Consumer Products

    Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

    Notice of Adoption of Rules on September 14, 2009, to be effective October 15, 2009, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; and Part 235, Consumer Products.

    The purpose of Part 235 is to assist NYS DEC in attaining and maintaining the Federal eight-hour ozone standard for New York's designated nonattainment areas by limiting the amount of volatile organic compounds (VOCs) emitted into the atmosphere by consumer products. VOCs are ozone precursors and ozone at the ground level can harm humans and plants. Part 235 is a necessary part of the State Implementation Plan (SIP) which New York has developed to demonstrate compliance with the Clean Air Act and the United States Environmental Protection Agency's regulations. Consequently, the SIP will be revised to incorporate the changes to Part 235.

    For further information, contact:

    Arthur Robinson
    NYSDEC - Division of Air Resources
    625 Broadway
    Albany, NY 12233-3251
    Phone: (518) 402-8396
    E-mail: airregs@gw.dec.state.ny.us



    Notice of Adoption

    6 NYCRR Part 200, General Provisions
    6 NYCRR Part 252, Environmental Performance Labels

    Pursuant to Environmental Conservation Law, Sections 19-1101, 19-1103, 19-1105 the New York State Department of Environmental Conservation hereby gives notice of the following:

    Notice of Adoption of Rules on September 14, 2009, to be effective October 15, 2009, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; and promulgate Part 252, Environmental Performance Labels.

    These regulations will incorporate California's latest environmental performance label standards, and will further the goals of reducing air pollution from motor vehicles by providing consumers with clear information on the emissions of criteria pollutants and greenhouse gases for specific vehicles.

    For further information, contact:

    Jeff Marshall
    NYSDEC - Division of Air Resources
    625 Broadway
    Albany, NY 12233-3255
    Phone: (518) 402-8292
    E-mail: airregs@gw.dec.state.ny.us


    Municipalities and Owners/Operators of Public Drinking Water Supply Systems

    New York State Drinking Water State Revolving Fund Intended Use Plan

    Overview - In September 2009, the United States Environmental Protection Agency awarded New York State $86,811,000 through the American Recovery and Reinvestment Act of 2009 (ARRA) for the Drinking Water State Revolving Fund (DWSRF). This amendment includes a list of projects, previously listed as potential ARRA candidates in the amended DWSRF Project Readiness List published in amendment # 4 to the DWSRF Intended Use Plan (IUP), identified to receive ARRA funds provided the applicants meet all program requirements.

    Also, this amendment extends the 2009 IUP period beyond September 30, 2009 in an effort to provide additional time to close all eligible 2009 ARRA and non-ARRA projects within the confines of the 2009 IUP.

    Identification of ARRA Projects - Since the enactment of ARRA in February 2009, the New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) have been working to identify "ready-to-go" program eligible drinking water projects throughout the State. IUP amendment # 4 explained ARRA program requirements and listed the potential ARRA projects.

    ARRA funds are proposed to finance projects on the final amended DWSRF 2009 Project Readiness List that meet the criteria established for use of both ARRA and FFY 2009 program funds to the extent that funds are available. The NYS DOH and the NYS EFC have given priority to projects that were determined to be ready to proceed to construction in accordance with the timeframes established in ARRA. Applicants will be required to demonstrate compliance with this objective by having all construction contracts executed by January 1, 2010.

    Projects may receive a combination of 2009 program DWSRF funds and ARRA funds subject to eligibility requirements and availability. The combination will be determined by the NYS EFC in consultation with the applicant. The NYS DOH and the NYS EFC will work with communities to close financings as quickly as possible to adhere to the intent and requirements of ARRA and the 2009 DWSRF program.

    The table of ARRA projects, along with the estimated project funding amounts, follows:

    Applicant
    Name
    County Project
    Description
    Project
    Number
    Estimated
    Assistance
    Amount
    Estimated
    Principal
    Forgive-
    ness
    Amount
    Estimated
    Closing
    Date
    Hounsfield
    (T)
    Westcotts
    WD
    Jefferson Upgrade
    Storage,
    New
    Distribution
    System,
    New
    System
    Consolidation
    17321 $4,707,670 $2,353,835 10/30/2009
    Beaver
    Dam
    Lake
    Water
    Corporation
    Orange New
    SWTR
    compliance
    facility,
    ground
    water
    source,
    storage,
    and
    upgrade
    distribution
    system
    15072 $2,242,900 $1,088,897 10/30/2009
    Unadilla
    (V)
    Otsego New
    SWTR
    compliance
    facility,
    ground
    water
    source,
    and
    upgrade
    pump
    station
    and
    distribution
    system
    15343 $3,200,000 $1,600,000 10/30/2009
    Richland
    (T)
    WD #2
    Oswego New
    SWTR
    compliance
    facility,
    ground
    water
    source,
    transmission,
    storage,
    and
    distribution
    system
    17538 $11,960,000 $5,741,863 10/30/2009
    Caneadea
    (T)
    Houghton
    WD
    Allegany New
    ground
    water
    source and
    transmission,
    upgrade
    water
    treatment
    plant
    and
    distribution
    system
    17382 $8,311,000 $4,155,500 10/30/2009
    Chaffee
    Water
    Company
    Erie New
    SWTR
    compliance
    facility,
    ground
    water
    source
    and storage
    17457 $800,000 $400,000 10/30/2009
    Amsterdam
    (C)
    Montgomery Upgrade
    SWTR
    compliance
    facility and
    water
    treatment
    plant
    17497 $10,562,097 $5,081,049 10/30/2009
    Marcellus
    (T) & (V)
    Limeledge
    WD
    Onondaga New
    SWTR
    compliance
    facility,
    extend
    distribution
    system
    16882 $6,687,000 $3,043,500 10/30/2009
    Erwin (T)
    Cooper
    Plains
    Long
    Acre
    Water
    System
    Steuben New
    ground
    water
    source,
    extend
    distribution
    system
    and
    system
    consolidation
    17379 $6,304,000 $3,152,000 10/30/2009
    Poestenkill
    (T)WD #1
    Rensselaer Complete
    new
    system
    and
    system
    consolidation
    17331 $10,250,000 $4,740,000 11/30/2009
    Briarcliff
    Manor
    (V)
    Westchester New
    SWTR
    compliance
    facility
    16013 $18,799,238 $8,690,719 10/30/2009
    Suffolk
    County
    Water
    Authority
    Suffolk New
    transmission
    and
    upgrade
    distribution
    system
    16863 $3,843,928 $1,921,964 10/30/2009
    Warwick
    (V)
    Orange New
    SWTR
    compliance
    facility,
    upgrade
    water
    treatment
    plant
    17493 $2,225,513 $1,112,757 10/30/2009
    Schodack
    (T)
    WD #3
    Rensselaer Extend
    distribution
    system
    and new
    system
    consolidation
    17358 $1,218,000 $609,000 10/30/2009

    Extension of 2009 IUP Period - In order to maintain a high level of service to ARRA and non-ARRA DWSRF applicants, the NYS DOH and the NYS EFC are extending the 2009 IUP period beyond the end of the 2009 Federal Fiscal Year on September 30, 2009 to March 31, 2010. The extension will provide both NYS DOH and NYS EFC staff, as well as the DWSRF applicants, with additional time to properly administer and close all financings for projects that remain eligible for funding in 2009. Due to the increased workload of administering the base DWSRF program and the ARRA program, some projects will likely close their 2009 Project Finance Agreement after October 1, 2009.

    The NYS DOH and the NYS EFC are also opting to extend the 2009 IUP in an effort to accommodate the proper description of the uses of ARRA's Green Project Reserve monies. ARRA requires that states set aside 20% of their funding (New York State's share is $17.36 million) in a green project reserve for drinking water green infrastructure projects. Descriptions of the allocation and uses of the Green Project Reserve, including a full listing of selected candidates for funding via the Green Innovations Grant Program, will be listed in a subsequent 2009 DWSRF IUP amendment.

    Public Review and Comment - Written statements or comments on DWSRF Draft Amendment # 8 will be accepted by fax or mail until close of business on October 15, 2009 and should be filed with:

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


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