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ENB - Statewide Notices 09/29/2010

Public Notice

Public Meeting Notice

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 tenth regular meeting on:

Date: Thursday, September 30, 2010
Time: 10:00 a.m. to 3:00 p.m.
Location: New York State Department of Transportation
50 Wolf Road
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.


Assistant Commissioner Christopher Amato
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233
Phone: (518) 402-8533

Deputy Commissioner Jacqueline Moody-Czub
New York State Department of Agriculture and Markets
10 B Airline Drive
Albany, NY 12235
Phone: (518) 457-0752

New York State Department of Environmental Conservation's New York Environmental Leaders Program Open Enrollment Period

The New York State Department of Environmental Conservation (NYS DEC) is accepting applications for the New York Environmental Leaders Program (NYEL). The open enrollment period began on September 1st and applications will be accepted until October 31st.

NYEL, which is entering its third year of operation, provides recognition and incentives to New York State companies and organizations that can demonstrate the use of pollution prevention practices, beyond compliance performance, or sustainable business practices as a result of their participation in NYEL. Detailed information about NYEL can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

Those accepted as members in NYEL are considered a priority for relevant NYS DEC assistance. For instance, NYEL members will be rewarded with an invitation to apply for a summer intern to help out with an environmental project that goes beyond regulatory compliance through the NYS DEC's Pollution Prevention Intern Program. In addition, NYEL members have access to a NYEL contact, within NYS DEC. The NYEL contact will be available to assist with communication between the member and NYS DEC, and to help members garner assistance in their environmental goals from the New York State Pollution Prevention Institute (http://www.nysp2i.rit.edu/). NYEL members are also able to use the NYEL logo to promote their green practices and receive recognition from NYS DEC for their outstanding achievements.

NYEL provides flexibility to prospective applicants by offering two membership tiers, the entry tier and the leadership tier. In addition, NYEL is open to wide array of organizations including businesses, especially manufacturers, as well as organizations such as schools, hospitals, and local governments. For more information on which tier best fits your organization, please visit the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

If your organization is interested in becoming a NYEL member during this open enrollment period, a NYEL application form for the tier your facility intends to apply for must be completed and returned by October 31, 2010. Interactive versions of the NYEL Entry Tier Application and NYEL Leadership Tier Application forms are available for download on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

If you have any questions, require any additional information, or experience problems down loading the applications, please do not hesitate to contact Ryan Waldron, NYS DEC - Division of Environmental Permits, Pollution Prevention Unit, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9194, E-mail: rpwaldro@gw.dec.state.ny.us.

Request for Information (RFI): The Utility of Pesticide Sales and Use Reporting in New York State (FAU# 1008160333)

Purpose: The purpose of this Request for Information (RFI) is to gather feedback from researchers and other interested parties regarding the utility of pesticide sales and use reporting in New York State. The information gathered as a result of this RFI may be used by the Health Research Science Board to inform its upcoming recommendations to the Legislature. The detailed Request for Information can be found at: http://www.health.ny.gov/funding/rfi/1008160333/

Responses: Responses are required by 4:00 p.m. Eastern Daylight Savings Time on October 15, 2010 at: pestdata@health.state.ny.us or by mail to Syni-an A. Hwang, New York State Department of Health, Bureau of Environmental and Occupational Epidemiology, Flanigan Square, 547 River Street, Room 200, Troy, New York 12180-2216.

Results: Information from the responses to this RFI may be used by the New York State Department of Health, New York State Department of Environmental Conservation and the Health Research Science Board to inform its upcoming recommendations to the Legislature. THIS IS NOT A SOLICITATION FOR APPLICATIONS.

Contact: Syni-an A. Hwang, New York State Department of Health, Bureau of Environmental and Occupational Epidemiology, Flanigan Square, 547 River Street, Room 200, Troy, New York 12180-2216, Phone: (518) 402-7950, E-mail: pestdata@health.state.ny.us.

Notice of Adoption of a Policy Governing `New York State Department of Environmental Conservation Enforcement of Solid Waste Violations

The New York State Department of Environmental Conservation (NYS DEC) announces a draft policy regarding Solid Waste Enforcement. The Draft Policy provides guidance to NYS DEC staff regarding the NYS DEC's enforcement actions for solid waste violations.

In accordance with Section 3-0301.2(z) of the Environmental Conservation Law, written comments regarding the Draft Policy will be accepted for thirty (30) days after the date of publication of this Notice in the Environmental Notice Bulletin. Comments should be submitted to: Elissa Armater, NYS DEC, 625 Broadway 14th Floor, Albany, New York 12233-1500.

In addition, copies of the Draft Policy are available for public inspection in the NYS DEC's main office at the above address and in each of the NYS DEC's nine regional offices. The Draft Revised Policy is also available at the NYS DEC website: www.dec.ny.gov/regulations/68439.html. In addition, the Draft Revised Policy is available by writing or calling Elissa Armater, at New York State Department of Environmental Conservation, 625 Broadway, 14th Floor, Albany, NY 12233-1500, Phone: (518) 402-9509.

Notice of Availability of Proposed New Program Policy for Institutional Controls: A Guide to Drafting and Recording Institutional Controls (DER-33)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared the proposed Program Policy Institutional Controls: A Guide to Drafting and Recording Institutional Controls (DER-33), which establishes procedures for the use and guidance of both NYS DEC personnel and remedial parties to develop, execute and record the institutional controls (ICs). The ICs, in the form of environmental easements, deed restrictions or environmental notices, are required by remedies for sites subject to the Division of Environmental Remediation (DER) remedial programs. This Program Policy provides guidance for those sites where the remediation will leave contaminants at levels that have been determined to be safe for a specific use, but not all uses, or includes engineered structures or controls that must be maintained or protected against damage to be effective. ICs are necessary in order to provide an effective and enforceable means of ensuring the performance of necessary maintenance, monitoring and operating requirements, and the restrictions on future uses of the land, including restrictions on excavating soils or using groundwater.

NYS DEC has used deed restrictions and, where appropriate, environmental notices to address these sites for nearly three decades. In 2004 the legislature created environmental easements (see ECL Article 71, Title 36). Collectively, these ICs are necessary for the protection of public health and the environment and to achieve the requirements for remediation established at certain contaminated sites.

It is NYS DEC's policy, consistent with applicable statutes and regulations, that all remedies be protective of the public and the environment. NYS DEC's preference is that remedial programs 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 NYS DEC's remedial programs are predicated on future site use. Further, return to a condition where no restrictions are required is not always feasible. Where a remedy will limit future use, ICs play an important role in minimizing the potential for exposure, protecting engineered remedies and providing appropriate notice to the parties.

The use of ICs is not an alternative to an active remedy, but rather part of a balanced, practical approach to site cleanup that relies on both engineered and non-engineered remedies. Remedies in New York State are not inconsistent with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). NCP emphasizes that ICs are meant to supplement engineering controls during all phases of cleanup and may be a necessary component of the completed remedy. NCP cautions against the use of ICs as the sole remedy unless active response measures are determined to be impractical. These same principles apply to remedies in New York State. This Proposed Policy provides the process and procedures for putting the necessary institutional controls in place for a remedial site.

Pursuant to ECL §3-0301(2)(z), written comments regarding the proposed Program Policy will be accepted until Friday, October 29, 2010. Comments should be submitted to George Heitzman, NYS DEC - Division of Environmental Remediation, Remedial Bureau C, 625 Broadway, Albany, New York 12233-7014 or E-mailed to: derweb@dec.ny.gov

The proposed Program Policy is available by writing George Heitzman at the address above or calling (518) 402-9662. A copy is also available on NYS DEC's website at: http://www.dec.ny.gov/regulations/2393.html.

State Pollutant Discharge Elimination System (SPDES) Priority Ranking List 2010/2011

The New York State Department of Environmental Conservation (NYS DEC) is providing the Environmental Benefit Permit Strategy (EBPS) priority rankings in conformance with section 17-0817(6) of the Environmental Conservation Law. The lists are based on a ranking system that prioritizes permits for full technical review and, when necessary, modification. The full technical review is conducted in one of nine regional offices or the central office, depending on the location of the discharge and whether the permit has been assigned to the central office based on USEPA designation as a major discharge or state designation as a centralized significant industrial permit.

The EBPS priority ranking system should not be confused with the SPDES permit renewal process. Most permits are renewed prior to expiration by a separate administrative procedure. At times, these renewals will be delayed to address necessary modifications to the permit.

The 2010/2011 SPDES permit lists can be viewed at the NYS DEC website: http://www.dec.ny.gov/permits/6054.html. The lists are based on ranking scores and reflect the priority list for each office. The ranking scores are updated on a continuous basis due to the discovery of new information and the issuance of modifications that eliminate the factors which go into each score. Each of the ranking lists includes the factors that make up each of the scores for each of the permits on the lists. The top 10% of each list represents a workload objective during this fiscal year. Additional information describing the EBPS process follows the ranking lists, and is also available by contacting the Bureau of Water Permits at (518) 402-8111 or by e-mail at bjhorton@gw.dec.state.ny.us, or at the address listed below.

Any interested party may provide, at any time, substantive comments requesting a change in a permit's rank based on the grounds that newly discovered material information exists; that a material change in environmental conditions has occurred; or that relevant technology or applicable law or regulations have changed since the issuance of the existing permit. All such requests shall be in writing and contain facts or reasons supporting the request. Comments must be sent to Director, Bureau of Water Permits, NYS DEC, 625 Broadway, Albany, NY 12233-3505.

Notice of Document Availability with Comment Period

Project Title: Draft DOW 3.1.4 - Guidance for Dam Engineering Assessment Reports

Lead Agency: New York State Department of Environmental Conservation (NYS DEC) - Division of Water, Albany

Brief Description: New York State Environmental Conservation Law (ECL) and Dam Safety Regulations (6NYCRR Part 673 - Part 673) require that the owners of all dams located in New York State operate and maintain their dams in a safe condition at all times. Part 673 requires the submission of dam Engineering Assessment Reports for Class C and Class B Dams, according to a schedule contained in the regulations.

Revisions to New York's dam safety regulations became effective on August 19, 2009, including 6 NYCRR Part 673 (Dam Safety). DOW 3.1.4 - Guidance for Dam Engineering Assessment Reports was developed to assist Dam Safety staff in the review, and dam owners and their engineers in the preparation of, Engineering Assessment Reports in compliance with the revised regulations.

Staff determined that the issuance of this guidance document is a Type II action pursuant to SEQRA.

Document Availability: The Draft DOW 3.1.4 can be obtained by sending an E-mail request to: dowinformation@dec.ny.gov with the subject line "Request Draft DOW 3.1.4"

Or by calling (518) 402-8185

The Draft Guidance is available by E-mail, or mailed as a single CD or a single paper copy. Please specify the format desired.

Public Comment Period: The public comment period will commence on September 29, 2010 and conclude on October 29, 2010.

Questions and comments may be directed to: Alon Dominitz, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3504, E-mail: dowinformation@dec.ny.gov.

New York State Environmental Facilities Corporation
Notice of Description of Eligible Project Categories
Green Innovation Grant Program 2010 (GIGP 2010)

I. Background, Scope and Applicability

The New York State Environmental Facilities Corporation (NYS EFC) announces the second round of the Green Innovation Grant Program (GIGP 2010). GIGP 2010 is funded by New York State's US EPA Capitalization Grant administered under the New York State Clean Water State Revolving Fund (CWSRF), authorized by New York State Public Authorities Law sections 1285-j and 1285-m.

GIGP 2010 will provide seed money for projects which spur green innovation, build green capacity, and facilitate technology transfer throughout the State. Eligible projects will improve water quality and demonstrate sustainable wastewater infrastructure in communities across the State. All projects, or portions thereof, which are selected for GIGP 2010, will be listed in the CWSRF Intended Use Plan (IUP), Category G, as authorized. The IUP is a plan which identifies the intended uses of amounts available in the CWSRF including, but not limited to, a list of potentially eligible projects, a description of the short-term and long-term objectives of the CWSRF, information on the types of activities to be supported, including a description of projects in this category, terms of CWSRF assistance, eligible recipients and the criteria and method established for the distribution of funds.

In order to apply for GIGP 2010 funding, the applicant must meet the minimum state and federal qualifications to participate in the CWSRF program. Eligible applicants may include: any county, city, town, village, district corporation, county or town improvement district, Indian reservation wholly within NYS, any public benefit corporation or public authority established pursuant to the laws of New York State or any agency of New York State which is empowered to construct and operate an eligible GIGP 2010 project, or any two of the foregoing which are acting jointly in connection with an eligible GIGP 2010 project. Eligible applicants may also include: any partnership, association, school district, not-for-profit corporation or any other corporation organized and existing under the laws of New York State or any other state which is empowered to develop a project, or any two or more of the foregoing which are acting jointly in connection with a project. If the applicant is a city, town or village, it must have a population of less than one million.

II. Purpose of this Notice

This notice describes eligibility requirements for GIGP 2010, the amount of funding available, the time period during which NYS EFC will accept applications for funding, and other eligibility criteria and program information. Detailed program information, GIGP 2010 application and guidance documents are available at www.nysefc.org/GIGP.

III. Description of Eligible Projects

GIGP 2010 will only consider projects which are both eligible for CWSRF funding and meet criteria for funding under the US EPA "Green Project Reserve." Guidance for determining project eligibility may be found at www.nysefc.org/GIGP. These projects include capital projects, technologies and activities that support or establish environmentally and economically sustainable facilities which exceed traditional infrastructure goals associated with basic regulatory requirements for water quality protection. The broad definition of green projects established by the US EPA and the CWSRF includes technologies and activities that protect water quality and fall into one or more of the following project categories:

  • Water Efficiency, Reuse or Conservation - projects that deliver equal or better services with less water.
  • Energy Efficiency - projects that reduce energy consumption or produce renewable energy of water quality projects.
  • Green Wet Weather Infrastructure - projects that maintain, restore, or mimic natural systems to infiltrate, evapotranspirate, or recycle stormwater.

Environmental Innovation - projects that demonstrate new and /or innovative approaches for delivering services or managing water resources in a more sustainable way.

Evaluation of proposed eligible projects or any portion thereof, shall include but not be limited to an assessment of complete applications with particular emphasis on "Project Category & Metrics" and "Project Description," Parts D and E of the application, respectively.

IV. Funding Proposal

GIGP 2010 is a highly competitive grant program that uses funding from the US EPA and is administered under the CWSRF. It will be implemented by NYS EFC, expanding upon last year's program. NYS EFC estimates that $15 million in funding will be made available to GIGP 2010 from the CWSRF. Applicants may be required to identify separate project components for funding consideration. Funding will be provided to selected eligible projects to the extent funds are available.

Based on the US EPA CWSRF FY 2010 Guidance, NYS EFC will provide two different types of GIGP 2010 grants:

1. Design Grants (50% grant with a minimum 50% funding match from the eligible applicant required. The GIGP 2010 Design grant maximum is $50,000 per project.)
Design grants will fund the development of an Engineering Report, Stormwater Pollution Prevention Plan, or equivalent document for a specific green demonstration project.

2. Construction Grants (90% grant with a minimum 10% funding match from the eligible applicant. The GIGP 2010 Construction grant maximum is $750,000 per project.)
The construction grants will be similar to ARRA GIGP 2009 grants. These grants will fund up to 90% of a project cost, up to a maximum of $750,000, for construction including eligible planning and design costs.

The recipient match may include direct cash funding or documented in-kind services. Payments will be made on an incurred cost basis with Disbursement Requests accepted by NYS EFC not more than once every 30 days.

Eligible applicants are encouraged to submit their best project application. While an eligible applicant may submit more than one grant application, NYS EFC reserves the right to limit GIGP 2010 funding to one grant award per applicant. Further, NYS EFC reserves the right to fund all, or a portion of, an eligible proposed project. All GIGP 2010 grant agreements must be executed no later than September 30, 2011. The recipient must provide their match from local or state funds.

V. Schedule

NYS EFC will accept complete Application Packages, which must include one hard-copy and one electronic copy (CD or DVD) of all application materials, postmarked no later than December 3, 2010.

Upon receipt of application materials, NYS EFC staff will screen the Application Package for completeness. Applicants are strongly encouraged to read all guidance and instructions before completing the application. Complete Application Packages will be rated and a final group of potential recipients will be selected in late January 2011. NYS EFC reserves the right to only consider complete Applications Packages.

Once projects have been selected and notified, NYS EFC will enter into Grant Agreements directly with recipients for project implementation. The Grant Agreement will include, among other things, the authorization to pay for eligible costs associated with all or a portion of an approved GIGP 2010 project.

NYS EFC anticipates that GIGP 2010 application materials will be available September 29, 2010. Application Packages must be postmarked no later than December 3, 2010. NYS EFC expects to announce the list of potentially fundable projects by January 31, 2011. Selected projects would then enter into Grant Agreements. Failure to comply with the Grant Agreement may result in GIGP 2010 funds being reallocated to other projects. NYS EFC will provide funding for the GIGP 2010 only to the extent monies are available.

VI. Information Availability

For additional information or application material contact NYS EFC at:

New York State Environmental Facilities Corporation
Green Innovation Grant Program
Attention: GIGP Program Manager
625 Broadway
Albany, New York 12207-2997
Phone: (800) 200-2200
Fax (518) 486-9248
Email: GIGP@nysefc.org

Notice of Public Comment Period and Negative Declaration

Susquehanna and Chemung River Basins (Various Counties) - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the New York State Draft Phase I Watershed Implementation Plan, associated with the EPA's establishment of a Chesapeake Bay Total Maximum Daily Load, will not have a significant adverse environmental impact.

The NYS DEC, in partnership with the Upper Susquehanna Coalition and others, has developed this draft plan. It describes how nutrient and sediment delivered to the Chesapeake Bay from New York are proposed to be reduced and maintained.

This draft plan includes reduction considerations for major source categories: agriculture, forest, wastewater, stormwater runoff, atmospheric deposition.

Public Comment: NYS DEC is soliciting comments on this proposed plan from individuals involved or interested in the Susquehanna and Chemung River basins and the Chesapeake Bay.

The comment period runs until November 3, 2010.

Accessing Documents: A copy of this proposed Watershed Implementation Plan can be accessed on the NYS DEC website www.dec.ny.gov by entering "Chesapeake" in the search box.

Please send all comments to: Peter Freehafer NYS DEC -Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3508, Phone: (518) 402-8205, E-mail: pbfreeha@gw.dec.state.ny.us.

Positive Declaration, Notice of Acceptance of Draft GEIS and Public Hearing

Statewide - The New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP), as lead agency, has determined that the proposed New York Statewide Trails Plan may have a significant adverse impact on the environment and a Draft Generic Environmental Impact Statement has been accepted. A public hearing on the Draft GEIS will be held on October 19, 2010 from 7:00 p.m. to 8:00 p.m. at the Gideon Putnam Room, Administration Building, Saratoga Spa State Park, Saratoga Springs, NY. Written comments on the Draft EIS will be accepted until November 1, 2010. Public Webinars will be broadcast on October 13, 2010 from 7:00 p.m. to 8:00 p.m. and on October 14, 2010 from 1:00 p.m. to 2:00 p.m. Pre-hearing webinars will include a presentation of the Draft Statewide Trails Plan and offer an opportunity for questions and answers. People wishing to participate will need to email notification of interest to: StatewideTrailsPlan@oprhp.state.ny.us or call (518) 474-5578. Instructions for access to the webinar will be emailed to those interested a couple of days prior to the webinar dates. Participation requires access to the Internet and a telephone. Hard copies of the Draft Plan/Draft GEIS are available at NYS OPRHP and New York State Department of Environmental Conservation regional offices, and CDs of the plan are available by contacting the agency contact below. A listing of regional offices may also be obtained from the agency contact. The online version of the Draft Plan/Draft GEIS is available at the following publically accessible web site: http://www.nysparks.state.ny.us/inside-our-agency/public-documents.aspx.

The action involves the adoption of of New York Statewide Trails plan which in addition to providing existing information on trails in the state, the New York Statewide Trails Plan lays out the overall vision, goals and objectives for the creation of a statewide trails system. Through this vision, the Plan sets out to: provide statewide policy direction; develop a framework for the statewide trails system; identify trail related issues and provide strategies to address them; provide standards and guidelines and resources for development of sustainable trails statewide; establish a Statewide Trails Clearinghouse; and define roles and responsibilities for implementation. Potential environmental impacts associated with adoption and implementation of the plan as well as mitigation measures that could be taken to reduce potential impacts, are included as a part of the Plan which, in its entirety, constitutes a Draft GEIS. The project is located throughout the State of New York.

Contact: Nancy Stoner, NYS OPRHP - Bureau of Resource and Facility Planning, Agency Building 1, 17th Floor, Empire State Plaza, Albany, NY 12238, Phone: (518) 474-5578, Fax: (518) 474-7013, E-mail: StatewideTrailsPlan@oprhp.state.ny.us.

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