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ENB - Statewide Notices 12/16/2009

Public Notice

Invitation for Public Comment on New York State Department Of Environmental Conservation Rules

Pursuant to Executive Order No. 25, the New York State Department of Environmental Conservation (NYS DEC) invites comments from regulated entities and interested parties to identify existing regulations that impose unnecessary, burdensome or excessive costs, paperwork, reporting or other requirements. NYS DEC regulations are contained in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR), which may be accessed on the New York State Department of State website at www.dos.state.ny.us/info/nycrr.html, as well as on NYS DEC's regulations webpage at: www.dec.ny.gov/regulations/regulations.html.

Comments are sought that describe and quantify the burden and suggest appropriate remedies that the agency may undertake to eliminate or amend regulations that are unnecessary, unbalanced, unwise, duplicative or unduly burdensome.

Any comments must be received on or before February 15, 2010, and may be submitted either in writing to Timothy E. Eidle, Esq., NYS DEC, Office of General Counsel, 625 Broadway, Albany, NY 12233, or electronically by visiting NYS DEC webpage for Executive Order No. 25 at: www.dec.ny.gov/regulations/59720.html.


Drinking Water State Revolving Fund (DWSRF)

DWSRF Emergency Adoption of 60 Day Rulemaking Extension

The New York State Environmental Facilities Corporation (NYS EFC) has adopted a 60 day extension of the emergency rulemaking amendments to the New York State Drinking Water Revolving Fund (DWSRF) Regulations, currently codified under 21 NYCRR Part 2604. The DWSRF program was created and is jointly administered by the New York State Department of Health (NYS DOH) and NYS EFC pursuant to Chapter 413 of the Laws of 1996.

The emergency rule amends 21 NYCRR Part 2604 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 DWSRF 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.

The NYS EFC DWSRF emergency regulations 60 day extension notice of adoption was filed with the Department of State on December 4, 2009, and the emergency regulations extension is effective as of that date. The 60 day emergency rule extension expires on February 1, 2010. The notice of emergency adoption will be published in the State Register on December 23, 2009. This rule extends the initial 90 day emergency rulemaking period, which was commenced by way of a Notice of Emergency Adoption and Proposed Rulemaking, which was filed with the Department of State on September 9, 2009 and published in the State Register on September 30, 2009.

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

For a copy of the NYS EFC DWSRF emergency and proposed regulation revisions, or information on the DWSRF 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) 402-7396
Fax: (518) 402-7456
E-mail: morseman@nysefc.org


Final Amendment No. 4 to the FFY 2009 CWSRF Intended Use Plan Announced Project List for ARRA GPR

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2009 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September 2008, is amended.

The CWSRF appropriation to New York State from the American Recovery and Reinvestment Act (ARRA) was $432 million as described in Amendment No.1. Amendment Nos. 2 and 3 each provided a list of wastewater projects in the FFY 2009 CWSRF IUP Annual List Categories A, B, C and D identified as candidates to receive ARRA funds in the amount of $386 million. Additionally, Amendment No. 3 extended the FFY 2009 IUP to March 31, 2010.

Amendment No. 4 updates the current list of ARRA candidate projects in categories A,B,C and D of the FFY 2009 CWSRF Annual List to include the approximate costs of EPA approved Green Project Reserve (GPR) funds embedded within in and added to those listed projects. Amendment No. 4 also includes a listing of Green Innovation Grant Program candidate projects in Category G.

The comment period for Draft Amendment No. 4 to the 2009 CWSRF IUP was extended and remained open until the close of business, Wednesday, December 2, 2009. No public comments were received that affected projects to be funded in the current IUP financing period or necessitated revision of the amendment. Therefore, Amendment No. 4 is considered final.

The Final Amendment No. 4 will be available on the NYS EFC website at: www.nysefc.org (click on "Programs," then "Clean Water State Revolving Fund," then "IUP and Amendments").

A copy of Final Amendment No. 4 can also be requested by calling the EFC toll-free line at 800-882-9721 or at (518) 402-7396.

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) 402-7396
Fax: (518) 402-7456
E-mail: morseman@nysefc.org


New Maps and Enhanced Recreation Information Highlight Expansion of New York State Department of Environmental Conservation's "Mapping Gateway"

Universally Accessible Destinations, Bird Atlas, Boat Launches and Fishing Areas become Part of User-Friendly Website Improvements

New and enhanced tools to help the public find wildlife, accessible recreation, boat launch sites and much more throughout New York are now available on the New York State Department of Environmental Conservation's (NYS DEC) Mapping Gateway website at: http://www.dec.ny.gov/pubs/212.html.

NYS DEC has utilized technology available through Google.com to make it even easier for web visitors to view user-friendly information specific to their interests on a variety of topics and without the need for complex, expensive geographic information system (GIS) software.

NYS DEC's Mapping Gateway combines existing web mapping applications and map collections with new offerings, such as a full-featured, interactive data inventory and map viewer. In recent months, NYS DEC has been expanding the availability of "Virtual Globe Data" to enable visitors to retrieve a variety of interactive aerial map representations after downloading virtual globe software such as Google Earth.

In addition, NYS DEC has incorporated some data into Google Maps, which does not require any software downloads, to provide an even more accessible way for people to obtain NYS DEC's information. The Google Maps functionality provides location information and also lets users easily obtain driving directions.

Among the enhancements to NYS DEC's Mapping Gateway are:

• Accessible Recreation Destinations that offer a wide variety of recreational opportunities for people with disabilities. Users can see which accessible features are present at each site and view photographs of the different destinations.

• Boat Launch Sites owned or operated by NYS DEC that provide the public with facilities for launching their vessels for fishing or boating. Users can see the type of launching facilities available at each site and if their boat can be accommodated.

• Public Fishing Stream Parking Areas that provide anglers easy access to waterways allowing public fishing opportunities. In addition to the parking areas, maps of waters with public fishing rights are linked to this section.

New York State Breeding Bird Atlas information, enabling users to select a location and view a list of bird species that are found in that area, or select a species and see the bird's distribution. For more information about the atlas, go to: http://www.dec.ny.gov/animals/7312.html.

• Bird Conservation Areas, NYS DEC Campgrounds, Lake Contour Maps, and the Northern/Southern Hunting Zone Line had previously been viewable using Google Earth and can now also be accessed using Google Maps.

NYS DEC's map viewers and other geographic information system (GIS) tools provide the public with important location-specific information about many of the programs NYS DEC manages. In addition to the offerings above, the website also includes the locations of ecological zones, brownfields, dams, and bulk storage facilities.

Instructions are available on the website for those needing information about how to download and use the Google Earth software. By using Google and leveraging existing technology that many people are already familiar with, DEC is able to reduce software development costs. In addition, the available data is compatible with other virtual globe software like ArcGIS Explorer and NASA's WorldWind, enabling the public to use the data in many different contexts.


Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #10 to the Drinking Water State Revolving Fund Intended Use Plan issued September 30, 2008 was published in the November 18, 2009 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #10 closed on December 3, 2009. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

"The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 30, 2008 to identify sixteen projects that met the criteria established for receiving American Recovery and Reinvestment Act (ARRA) Green Project Reserve (GPR) funds. The NYS DOH and the NYS EFC selected one ARRA fundable project with green infrastructure components that qualify towards the GPR and fifteen projects that met the definition of GPR as part of the Green Innovations Grants Program (GIGP). 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:

Applicant
Name
County Project
Description
GPR
Amount
Monroe
County
Water
Authority
(GPR)
Monroe Construction
of raw water
intake tunnel
and a portion
of the
transmission
mains for the
Eastside WTP.
$23,333,333
Roxbury
(T)
(GIGP)
Delaware Install 450
new meters,
VFD's for
pumps
$358,178
Bard
College
(GIGP)
Dutchess Microfiltration
Plant
$991,620
Beacon
(C)
(GIGP)
Dutchess Leak
detection
equipment
$233,100

Shore
Haven
WD
Dutchess
Co WWA
(GIGP)

Dutchess Install 100
new meters
$61,692
Saranac
Lake (V)
(GIGP)
Franklin/
Essex
Install 1900
new meters
(approximately
half of system
already
metered
and would be
replacement)
$1,000,000
Orleans
(T)
(GIGP)
Jefferson Install 337
new meters
$216,450
Oyster
Bay WD
(GIGP)
Nassau Solar
power at
administration
building
$28,005
Syracuse
(C)
(GIGP)
Onondaga Install
hydro
turbine
at
Westcott
Reservoir
$315,000
Syracuse
(C)
(GIGP)
Onondaga Install
solar and
micro
turbine
at
Westcott
storage
tanks
$487,273
Richland
(T)
(GIGP)
Oswego Wind
power
generation
at Schoeller
well site
$585,000
Schaghticoke
(V)
(GIGP)
Rensselaer Install 215
new meters
$75,000
Troy
(C)
(GIGP)
Rensselaer Leak
detection
equipment
$450,000
Sharon
Springs
(V)
(GIGP)
Schoharie Install 306
new meters
$203,148

Bath
Electric,
Gas and
Water
(GIGP)

Steuben Solar
powered
water
circulators
for storage
tanks
$437,400
Wurtsboro
(V)
(GIGP)
Sullivan Install 589
new meters
$201,438

Except for the above-noted change, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings."

If you have any questions, please contact:

Charles J. Amento
New York State Department of Health - Bureau of Water Supply Protection
Phone: (518) 402-7650
Email: cja01@health.state.ny.us


Stormwater Permits and Designation Criteria Comment Period Extended

New York State Department of Environmental Conservation (NYS DEC) is extending the deadline for comments to be submitted on State Pollutant Discharge Elimination System (SPDES) General Permits for:

Stormwater Discharges from Construction Activity (Permit No. GP-0-10-001)

Municipal Separate Storm Sewer Systems (MS4s - Permit No. GP-0-10-002)

Designation Criteria for Identifying Regulated Municipal Separate Storm Sewer Systems (MS4s)

Copies of the draft permits, permit fact sheets and designation criteria are available on NYS DEC's website at: http://www.dec.ny.gov/chemical/41392.html.

The original deadline for comments was December 16, 2009. The deadline is being extended until January 15, 2010.

Written comments on the draft general permits and designation criteria must now be submitted to the contact listed below by close of business January 15, 2010.

Teresa Diehsner
NYS DEC - Division of Environmental Permits
625 Broadway - 4th Floor
Albany, NY 12233-1750
E-mail: txdiehsn@gw.dec.state.ny.us


New York State Stormwater Management Design Manual Comment Period Extended

New York State Department of Environmental Conservation (NYS DEC) is extending the deadlines for comments to be submitted on the draft revised chapters of the New York State Stormwater Management Design Manual made available for review on November 11, 2009. The original deadline for comments was December 23, 2009. The deadline is being extended until January 15, 2010.

Copies of the draft revised chapters are available on NYS DECs website at: http://www.dec.ny.gov/chemical/41392.html.

Written comments on the draft revised chapters must now be submitted to the contact listed below by close of business January 15, 2010.

Shohreh Karimipour
NYS DEC - Division of Water
625 Broadway
Albany, NY 12233-3505
E-mail: sxkarimi@gw.dec.state.ny.us


Negative Declaration

Albany, Bronx, Columbia, Dutchess, Greene, Kings, New York, Queens, Putnam, Orange, Rensselaer, Richmond, Rockland, Ulster, Westchester Counties - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Draft Hudson River Estuary Action Agenda 2010-2014 will not have a significant adverse environmental impact. The action involves the release of the Draft Hudson River Estuary Action Agenda 2010-2014 by the NYS DEC. The Draft Action Agenda 2010-2014 identifies projects proposed to be implemented over a five year period by NYS DEC, in partnership with other agencies and involved stakeholders. This action agenda is a continuation and 2007 Update of the 2005-2009 Action Agenda. The goals of the agenda remain unchanged. Revisions have been made to the targets and proposed actions to better reflect anticipated deliverables. Two former goals, Open Space (5) and Scenic Resources (6) have been combined into a new Goal 5 and a new Goal 6, Climate Change has been added. The proposed revisions were reviewed by the program's citizen advisory committee (Hudson River Estuary Management Advisory Committee) and were discussed at a public meeting held on June 8, 2009 in a discussion draft version of the document.

The previous Hudson River Estuary Action Agenda 2005-2009, released January 2006, underwent a complete public review and comment process in 2005, pursuant to SEQRA, and included the development and public review of both the action agenda and a generic environmental impact statement. The 2005-2009 agenda was updated in 2007 to adjust projected time frames for completion of targets. A negative declaration was filed for the 2007 update. The generic EIS prepared for the 2005-2009 action agenda applies to the 2010-2014 agenda as well. Changes made in the 2010-2014 agenda are not considered significant to warrant development of a supplemental EIS at this time. Any specific project that may be undertaken by NYS DEC or other entity as part of an action agenda goal or target will be subject to a complete environmental review under SEQRA as part of that project's review and permitting processes.

The project is located in the Hudson River estuary of New York State, from the Troy dam to the Verrazano Narrows, and includes the surrounding watershed, also known as the Hudson River Valley.

Written comments on the draft may be submitted until close of business January 22, 2010. Comments can be sent via e-mail to: Hrep@dec.ny.gov (please include the words "Draft Action Agenda" in the subject line) or by mail addressed to : Action Agenda, Hudson River Estuary Program, NYS DEC - Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561.

The Draft Action Agenda is available for download at: http://www.dec.ny.gov/lands/5104.html.

Contact: Nancy Beard, NYS DEC - Region 3, Hudson River Estuary Program, 21 South Putt Corners Road, New Paltz, NY 12561, Phone: (845) 256-3016, Fax: (845) 255-3649, E-mail: Hrep@dec.ny.gov (please include the words "Draft Action Agenda" in the subject line).



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