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ENB - Statewide Notices 11/4/2009

Public Notice

Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Final Intended Use Plan for FFY 2010

The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) intend to finalize the Final Federal Fiscal Year (FFY) 2010 Intended Use Plan (IUP) for the Drinking Water State Revolving Fund (DWSRF) in early November. The IUP will include a list of projects that may receive financing between October 1, 2009 and September 30, 2010. The DOH and the EFC note that pending Federal legislation may require changes to DWSRF program. As a result, the Final FFY 2010 IUP may contain program modifications not included in the Draft IUP.

The Final FFY 2010 DWSRF IUP will be available for viewing or printing from the NYS DOH's public web site at: http://www.health.ny.gov/environmental/water/drinking/water.htm

Please direct any questions about the DWSRF program to:

Charles Amento
NYS DOH - Bureau of Water Supply Protection
Flanigan Square
547 River Street, Room 400
Troy, New York 12180-2216
Phone: (518) 402-7650


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.

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. IUP amendment # 8, published in the ENB on October 28, 2009, identified fourteen projects that met the criteria established for receiving funding from ARRA.

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
Forgiveness
Amount
Estimated
Closing
Date
Monroe
County
Water
Authority
Monroe Construction of raw water intake tunnel and a portion of the transmission mains for the Eastside WTP. 16323 $35,500,000 $17,750,000 11/30/09
Onondaga
County
Water
Authority
Onondaga Replace uncovered Western 20mg storage reservoir with covered concrete tank to meet SWTR LT2 regulation. 17458 $12,592,856 $3,896,756 11/30/09

Public Review and Comment: Written statements or comments on DWSRF Draft Amendment # 9 will be accepted by fax or mail until close of business on November 19, 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: (518) 402-7659


Notice of Availability of Proposed Program Policy for Technical Guidance for Site Investigation and Remediation (DER-10)

Notice is hereby given that the New York State Department of Environmental Conservation (DEC) has prepared a proposed Program Policy which provides an overview of the site investigation and remediation process for the Inactive Hazardous Waste Disposal Site Remedial Program, known as State Superfund Program (SSF); Brownfield Cleanup Program (BCP); Environmental Restoration Program (ERP); and Voluntary Cleanup Program (VCP); and for certain petroleum releases. The Division of Environmental Remediation (DER) administers the SSF, BCP, ERP, VCP, and Bulk Storage Programs and provides response to releases of petroleum. This guidance assists the user in developing and implementing investigation and remediation projects involving contaminated sites under these programs administered by DER. It is a separate document of the requirements for a remedial program set forth in statute and regulation, as well as in guidance. It reflects DER's experience and knowledge in developing and managing the various programs for the past 25 years.

This guidance provides the scope of activities needed to satisfy minimum requirements for the life-cycle of the site-specific remedial program under the SSF, BCP, ERP, and VCP, and for certain petroleum releases. It facilitates consistent, accurate, efficient and timely completion of remedial projects. It also contains the minimum technical activities DEC will generally accept for projects where DER oversight, approval or acceptance is sought or mandated by law.

DER will, however, determine the acceptable minimum technical activities for a particular site upon consideration of all the facts and circumstances of such site under the authority of applicable laws and regulations. No provision of this guidance document should be construed to limit DER's authority to require additional investigation and/or remediation based upon site-specific conditions. Sections 1.1 and 1.2 present the scope and applicability of this guidance document in more detail.

No provisions of this guidance, however, should be construed to alter the requirements of the Navigation Law or of the Environmental Conservation Law, or of any regulation or order or permit having the force of law. This guidance does not replace or supersede protocols established for emergency spill response actions, emergency drum removal actions, and other such events requiring immediate responses and follow-up. In such time- critical situations, existing guidance established pursuant to applicable emergency response laws, regulations and policy, and directives of the on-scene DEC Spill Responder or Project Manager must be followed.

Pursuant to ECL §3-0301(2)(z), written comments regarding the proposed Program Policy will be accepted until Monday, January 4, 2010. Comments should be submitted to Mr. Robert W. Schick, Remedial Bureau C, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7014 or e-mailed to derweb@dec.ny.gov.

The proposed Program Policy is available by writing Mr. Schick at the address above or calling (518) 402-9662. A copy may also be found on the DEC website at www.dec.ny.gov/regulations/2393.html.


Notice of Availability of Proposed Program Policy for Real Property Eligibility Opinions for the Brownfield Cleanup Program (DER-30)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a proposed Program Policy that outlines the procedures and circumstances under which NYS DEC will issue an opinion on eligibility for participation in the Brownfield Cleanup Program (BCP) relative to real property within a Brownfield Opportunity Area (BOA) study area or designated BOA pursuant to General Municipal Law Section 970-R. Upon a request submitted in accordance with this policy, NYS DEC will issue an eligibility opinion limited to whether such real property satisfies the definition of a "brownfield site" set forth at Environmental Conservation Law (ECL) 27-1405(2). The evaluation will be performed in conformance with the applicable statute, regulations and BCP eligibility guidance.

In further recognition of the beneficial role the BCP can play in advancing the goals of the BOA Program, NYS DEC will provide for early BCP eligibility opinions relative to real property within a BOA study area or designated BOA, thereby facilitating the marketing, reuse and redevelopment of properties within the BOA Program. It will establish a process that is easy to use and available before a site owner or developer is prepared to propose an actual project or submit an application for participation in the BCP. An early eligibility determination under this policy will increase the certainty and predictability that developers need before investing in contaminated real property, and will reduce the time required to process an application when participation in the BCP is ultimately sought.

The procedures set forth in this policy document are intended for the use and guidance of both NYS DEC personnel and those seeking a determination under the policy. The policy is not intended to create any substantive or procedural rights enforceable by any party in administrative or judicial litigation with NYS DEC. NYS DEC reserves the right to vary these procedures to address site-specific circumstances, and to revise them as it deems appropriate based on changes in law or its experience in implementing the policy.

Pursuant to ECL §3-0301(2)(z), written comments regarding the proposed Program Policy will be accepted until December 4, 2009. Comments should be submitted to: Karen Diligent, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, New York 12233-7012, E- mail: derweb@dec.ny.gov.

The proposed Program Policy is available by writing Karen Diligent at the address above or calling (518) 402-9764. A copy may also be found on the NYS DEC website at: www.dec.ny.gov/regulations/2393.html.


Notice of Availability of Proposed Program Policy for Brownfield Site Cleanup Agreements (DER-32)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a proposed Program Policy that sets forth the general terms and conditions for Brownfield Site Cleanup Agreements (BCAs) under the New York State Brownfield Cleanup Program (BCP). The terms and conditions set forth in this policy are in addition to the regulatory terms and conditions set forth at 6 NYCRR sections 375-1.5 and 375-3.5 and such other terms and conditions as may be set forth in the BCA. The application for inclusion into the BCP will require the party to acknowledge and agree to the general terms and conditions set forth in this guidance.

Legislation establishing the BCP (see Article 27, Title 14 of the Environmental Conservation Law [ECL]) requires NYS DEC to execute a BCA prepared in accordance with ECL §27-1409 for the purpose of completing a brownfield site remedial program. The statute does not prescribe the time for execution of the BCA. To date, the time from NYS DEC's notice of approval of an application pursuant to ECL §27-1407(6) until the execution of a BCA has ranged from a few days to many months. In recognition of the benefit of timely execution of the BCA and the overall legislative intent of timely advancement of the remedial program, NYS DEC will establish a BCA process that is more predictable and will shorten the time to finalize the BCA.

The procedures set forth in this policy are intended for the use and guidance of both NYS DEC staff and those seeking to participate in the BCP. The policy is not intended to create any substantive or procedural rights enforceable by any party in administrative or judicial litigation with NYS DEC unless, or until, such terms are incorporated into a site-specific BCA. NYS DEC reserves the right to vary these procedures to address site-specific circumstances, and to revise them as it deems appropriate based on changes in law or its experience in implementing this policy.

Pursuant to ECL §3-0301(2)(z), written comments regarding the proposed Program Policy will be accepted until December 4, 2009. Comments should be submitted to: Karen Diligent, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, New York 12233-7012, E- mail: derweb@dec.ny.gov.

The proposed Program Policy is available by writing Karen Diligent at the address above or calling (518) 402-9764. A copy may also be found on the NYS DEC website at: www.dec.ny.gov/regulations/2393.html.


Notice of Availability of Proposed Commissioner Policy Regarding Soil Cleanup Guidance

Notice is hereby given that the New York State Department of Environmental Conservation (DEC) has prepared a proposed Commissioner Policy for the selection of soil cleanup levels appropriate for each of the remedial programs in DEC's Division of Environmental Remediation and the Corrective Action Program in DEC's Division of Solid and Hazardous Materials. This policy applies to the Inactive Hazardous Waste Disposal Site Remedial Program, known as the State Superfund Program; Brownfield Cleanup Program; Voluntary Cleanup Program; Environmental Restoration Program; Spill Response Program - Navigation Law, Part 2 §178; and the Resource Conservation and Recovery Act Corrective Action Program. It replaces Technical and Administrative Guidance Memorandum (TAGM) 4046: Determination of Soil Cleanup Objectives and Cleanup Levels; the Petroleum Site Inactivation and Closure Memorandum (February 23, 1998); and Sections III and IV of Spill Technology and Remediation Series (STARS) #1 (August 1992).

The procedures are intended for the use and guidance of both DEC staff and remedial parties to provide a uniform and consistent process for the determination of soil cleanup levels. This guidance is not intended to create any substantive or procedural rights, enforceable by any party in administrative or judicial litigation with DEC. DEC reserves the right to act at variance with these procedures to address site-specific circumstances and to change the procedures in this guidance at any time.

It is DEC's policy, consistent with applicable statutes and regulations, that all remedies will be protective of human health and the environment. DEC's preference is that remedial programs, including the selection of soil cleanup levels, be designed such that the performance standard results in the implementation of a permanent remedy resulting in no future land use restrictions. However, some of DEC's remedial programs are predicated on future site use. Further, it is not always feasible to return to a condition where no restrictions are required.

Pursuant to ECL §3-0301(2)(z), written comments regarding this proposed Commissioner Policy will be accepted until Friday, December 4, 2009. Comments should be submitted to Mr. Jim Harrington, Bureau of Technical Support, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020 or e-mailed to derweb@dec.ny.gov.

The proposed Commissioner Policy is available by writing Mr. Jim Harrington at the address above or calling (518) 402-9553. A copy may also be be found on the DEC website at www.dec.ny.gov/regulations/2393.html.


Preliminary Rulemaking Proposal for Public Comment

Proposal: Amend 6 NYCRR Part 380 Radiation Regulations

The New York State Department of Environmental Conservation (NYS DEC) is beginning the rulemaking process to update its Rules and Regulations for Prevention and Control of Environmental Pollution by Radioactive Materials, 6 NYCRR Part 380, to incorporate six federal rule changes that have occurred from 1991 through 2008, and to clarify and improve the existing regulations. The amendment will include: several minor changes to definitions; an expansion of criteria for the disposal of specific wastes (the so-called biomedical exemption) to include biodegradable animal bedding; changes to requirements for reporting incidents; prohibit the deliberate submission of inaccurate or incomplete information; and add two radionuclides, NB13 and O-15, to the tables of effluent concentrations. In addition, the amendment will add a ten millirem constraint on airborne emissions, a requirement which has been implemented for several years through Part 380 Radiation Control Permit conditions.

The preliminary draft of the amendment is available for review at the NYS DEC website (www.dec.ny.gov) click on Recent Additions to this Site - Radiation. Public input on the potential environmental or economic costs or benefits for any of these changes is requested. Public comment on these proposed changes is requested by January 15, 2010.

Comments on the preliminary draft of the amendment can be submitted by U.S. Postal Service mail to this address: Sandra Hinkel, NYS DEC - Division of Solid & Hazardous Materials, Bureau of Hazardous Waste & Radiation Management, 625 Broadway, 9th Floor, Albany, NY 12233-7255. Or, you may submit comments electronically to the radiation program's e-mail address at: radregs@gw.dec.state.ny.us; please include Part 380 in the subject line of your message.


Availability of Proposed Consent Decree: Western New York Nuclear Service Center (West Valley Site)

On December 11, 2006, the State of New York, the New York State Energy Research and Development Authority (NYSERDA), and New York State Department of Environmental Conservation (NYS DEC) (collectively "the State") sued the United States and the federal Department of Energy (DOE), seeking cost recovery, damages, and declaratory relief regarding the cleanup of the Western New York Nuclear Service Center, located in West Valley, Cattaraugus County, New York.

On October 27, 2009, a proposed Consent Decree in this case was lodged with the United State District Court for Western New York. The Consent Decree has been approved by all parties to the litigation and been furnished to the Court to allow a 30-day public comment period before the State takes any further action regarding the Consent Decree. The Consent Decree does not select or advocate the selection of any particular cleanup program for the Site, but pertains only to the apportionment between the parties of costs arising from or in connection with certain cleanup actions that may be conducted by the parties.

Information related to commenting on the proposed Consent Decree can be found in the Notice of Lodging of Consent Decree Done which is available at: http://www.oag.state.ny.us/bureaus/environmental/legal_documents.html.

The Consent Decree and the Complaint are also available at that web address.

Comments on the Consent Decree should be addressed to: Assistant Attorney General Linda E. White, and either (1) e-mailed to her at linda.white@oag.state.ny.us, or (2) mailed to her at New York State Department of Law, Main Place Towers, 350 Main Street, Suite 300A, Buffalo, New York 14202.

The comment period on the Consent Decree ends on December 7, 2009.


Correction to Written Comment Deadline
State Pollutant Discharge Elimination System (SPDES) General Permits for Stormwater Discharges from Construction Activity Permit No. GP-0-10-001
and
Municipal Separate Storm Sewer Systems (MS4s) Permit No. GP-0-10-002
and
Designation Criteria for Identifying Regulated Municipal Separate Storm Sewer Systems (MS4S)

The New York State Department of Environmental Conservation (NYS DEC) is making two draft general permits stormwater discharges available for public review; the draft renewal of the SPDES General Permit For Stormwater Discharges from Construction Activities, GP-0-10-001 and the draft renewal of the SPDES General Permit For Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), GP-0-10-002.

The NYSDEC is also making a revised Designation Criteria For Identifying Regulated Municipal Separate Storm Sewer Systems (MS4S) available for public review.

These general permits will authorize new and existing discharges of stormwater from construction activities and MS4s required to be covered under permits in accordance with Environmental Conservation Law.

Construction Activities authorized under GP-0-08-001 will be automatically covered under GP-0-10-001. Applicants seeking new authorizations for construction activity will be required to file a Notice of Intent to obtain such authorizations.

Existing MS4s will be required to obtain coverage under the renewed General Permit by submission of a complete Notice of Intent in the form of a complete annual report. MS4s seeking new authorizations to discharge will be required to file a complete Notice of Intent to obtain such authorizations.

The NYS DEC reserves the right to require any applicant seeking or maintaining coverage under GP-0-10-001 or GP-0-10-002 to apply for an individual SPDES permit.

This project is an Unlisted Action under the State Environmental Quality Review Act. Negative Declarations are on file for SPDES General Permit for Construction GP-0-10-001 and SPDES General Permit for MS4s GP-0-10-002. A coordinated review was not performed in accordance with 6NYCRR Part 617.6(b)(4).

Copies of the draft permits and fact sheets are available on the NYS DEC website at: http://www.dec.ny.gov/chemical/41392.html or may be requested from the contact listed below.

Written comments on the draft general permits and designation criteria must be submitted to the contact listed below by close of business December 16, 2009.

Teresa Diehsner
NYS DEC - Division of Environmental Permits
625 Broadway, 4th Floor
Albany, NY 12233-1750

Or by E-mail to: txdiehsn@gw.dec.state.ny.us

Public meetings on these permits have been scheduled for:

November 10, 2009 - 2:00 p.m., NYS DEC Stony Brook Office
Directions: http://www.dec.ny.gov/about/549.html

November 17, 2009 - 2:00 p.m., Victor Town Hall
Directions: The address is 85 East Main Street, Victor NY 14564 at the corner of East Main Street and Church Street. Coming from Rochester, take I-490 East to exit 29 and take route 96 south (aka Main St.). Coming from the Thruway I-90 (east or west), get off at exit 45 and take I-490 west to exit 29 and head south on Route 96 (aka Main St.).

November 24, 2009 - 2:00 p.m., NYS DEC Headquarters, Room 129 A and B, Albany
Please remember to bring your driver's license for security entrance.
Directions: http://www.dec.ny.gov/about/244.html

December 1, 2009 - 2:00 p.m., Putnam County Building (Putnam County Training & Operations) Donald B. Smith Government Center (building in rear), Carmel.
Directions: http://www.putnamcountyny.com/maps/index.html

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