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ENB - Statewide Notices 11/18/2009

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0305, 11-0315, 11-0317, 11-0319, 11-1301, 11-1303, 11-1305, 13-0105 and 13-0339, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of proposed rule making to amend 6 NYCRR Parts 10, 11, 35, 36 and 40 pertaining to proposed fishery closures for Hudson River American shad in the Hudson River and Marine District and fishery restrictions for Delaware River American shad. This notice will be published in issue 46 of the State Register, dated November 18, 2009.

For further information please contact:

Kathryn Hattala
NYS DEC - Region 3 Office
Fish, Wildlife, & Marine Resources
21 South Putt Corners Road
New Paltz, NY 12561
Phone: (845) 256-3071
E-mail: kahattal@gw.dec.state.ny.us

Commissioner Policy CP-43: Groundwater Monitoring Well Decommissioning Policy

The New York State Department of Environmental Conservation (NYS DEC) has issued Commissioner Policy CP-43, "Groundwater Monitoring Well Decommissioning Policy." This policy will take effect on December 18, 2009.

This Commissioner Policy states that environmental monitoring wells should be properly decommissioned when they are no longer needed and re-use by another program is not an option, or when their integrity is suspect or compromised.

Groundwater monitoring wells provide essential access to the subsurface for scientific and engineering investigations (including monitoring wells installed for leak detection purposes). To a degree, every monitoring well is an environmental liability because of the potential to act as a conduit for pollution to reach the groundwater. To limit the environmental risk, a groundwater monitoring well must be properly decommissioned when its effective life has been reached. This document provides procedures to satisfactorily decommission groundwater monitoring wells in New York State. This policy also pertains to other temporary wells such as observation wells, test wells, de-watering wells and other small diameter, non-potable water wells. It does not pertain to water supply wells.

The method for decommissioning will be determined based upon well construction and environmental parameters. The method selected must be designed to protect groundwater and implemented according to current best engineering practices while following all applicable federal, state and local regulations. Groundwater Monitoring Well Decommissioning Procedures shall be maintained as an addendum to this policy.

This policy is applicable to all NYS DEC programs that install, utilize and maintain monitoring wells for the study of groundwater, except monitoring wells for landfills regulated under 6 NYCRR Part 360 decommissioned in accordance with those regulations [see 6 NYCRR 360-2.11(a)(8)(vi)] and wells installed under the Oil, Gas and Solution Mining Law, Environmental Conservation Law (ECL) Article 23.

The proposed Commissioner Policy was published in the July 1, 2009 issue of the Environmental Notice Bulletin, which announced a 30 calendar day comment period pertaining to the proposed policy and the availability of the full text document for review. NYS DEC received comments during this public comment period and they were addressed.

Pursuant to ECL §3-0301(2)(z), this Commissioner Policy will become effective on Friday, December 18, 2009.

The final Commissioner Policy is available on the NYS DEC website at: http://www.dec.ny.gov/regulations/2393.html.

Questions concerning this Policy may be directed to:

Angela Chieco
NYS DEC - Division of Environmental Remediation
Bureau of Program Management
625 Broadway
Albany, New York 12233-7012

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 identified to receive ARRA Green Project Reserve (GPR) funds.

Identification of ARRA GPR 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 amendments # 8 and # 9 identified sixteen projects that met the criteria established for receiving funding from ARRA.

ARRA requires that states utilize 20% of their funding (New York State's share is approximately $17.36 million) in a Green Project Reserve for projects that incorporate green infrastructure, energy efficiency, water efficiency, and/or other environmentally innovative activity. The NYS DOH and the NYS EFC selected one ARRA fundable project with green infrastructure components that qualify towards the green project reserve for purposes of this requirement, based upon USEPA guidance. In addition, the NYS DOH and the NYS EFC sought new projects that met the definition of GPR as part of the Green Innovations Grants Program (GIGP). It is noted that the GIGP received requests of over $88 million for various projects, many of which were found to be ineligible. Between these two efforts, the NYS DOH and the NYS EFC identified approximately $29 million of GPR in ARRA eligible projects. This is well beyond the ARRA 20% requirement for GPR.

The table of the ARRA eligible projects that have been selected to receive ARRA GPR funds, including those GIGP projects (known as Category G), follows:

County Project

of raw
water intake
tunnel and a
portion of the
mains for the

Delaware Install 450
new meters,
VFD's for
Dutchess Microfiltration
(C) (GIGP)
Dutchess Leak
Dutchess Install 100
new meters
Lake (V)
Install 1900
new meters
half of system
metered and
would be
Jefferson Install 337
new meters
Oyster Bay
Nassau Solar power
Onondaga Install hydro
turbine at

Install solar
and micro
turbine at
storage tanks

Oswego Wind power
at Schoeller
well site
Rensselaer Install 215
new meters
Rensselaer Leak
Schoharie Install 306
new meters
Gas and
Steuben Solar
for storage
Sullivan Install 589
new meters

Public Review and Comments: Written statements or comments on DWSRF Draft Amendment # 10 will be accepted by fax or mail until close of business on December 3, 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 Online version of The New York State Department of Environmental Conservation's (NYS DEC) SEQR Handbook

An online version of the third edition of the NYS DEC SEQR Handbook is now available at: http://www.dec.ny.gov/permits/6188.html. The SEQR Handbook provides agencies, project sponsors, and the public with a practical reference guide to the procedures prescribed by the State Environmental Quality Review Act (SEQR)--Article 8 of the Environmental Conservation Law. It addresses common questions that arise during the process of applying SEQR.

This is the third edition of the SEQR Handbook, and it entirely replaces the previous editions. This edition reflects the State Environmental Quality Review (SEQR) process as it now stands. It is based on crucial court decisions which have molded the process and the most recent revisions to the statewide SEQR regulations, Part 617 of Title 6 of New York's Codes, Rules and Regulations. Currently the SEQR Handbook is only available as an online version.

Contact: Daniel Whitehead, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail: deppermitting@dec.ny.gov.

Pollution Prevention and Environmental Compliance Coordinating Council

The Pollution Prevention and Environmental Compliance Coordinating Council hereby gives notice that a meeting of the Council will be held from 10:00 a.m. to 12:00 p.m., December 7, 2009 in Conference Room 424 of the New York State Department of Environmental Conservation (NYS DEC) at 625 Broadway, Albany, New York.

Council members include: the New York State Department of Environmental Conservation, the New York State Environmental Facilities Corporation, the Empire State Development, the New York State Energy Research and Development Authority and the New York State Foundation for Science, Technology and Innovation.

The Council will consider the following:

• Resolution for Chair Position
• Draft Minutes/Council Work Plan
• P2 Intern Program Presentation
• Enforcement Discretion Policy Update
• Green Assistance Presentation (RTDCs)

This meeting is open to the public.

Contact: Aida M. Potter, Executive Secretary, Pollution Prevention and Environmental Compliance Coordinating Council, NYS DEC, 625 Broadway Albany, New York 12233-1750, Phone: (518) 402-9163.

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