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ENB - Statewide Notices 3/23/2011

Public Notice

Extension of Public Comment Period
Notice of Proposed Rulemaking

6 NYCRR Part 617, State Environmental Quality Review - Full and Short Environmental Assessment Forms. The notice of proposed rulemaking was initially published in the 11/24/10 issue of the ENB.

The comment period for the submission of public comments on the proposed Full and Short EAF and supporting documents has been extended until the close of business, April 8, 2011. Please submit comments to Robert Ewing at the address listed below. Comments may also be submitted via the web to: depprmt@gw.dec.state.ny.us. Please include "EAF Comments" in the subject line of the e-mail.

The draft revised EAF forms and associated rulemaking documents are published in full at the following web address: http://www.dec.ny.gov/permits/6061.html. Paper copies may be obtained from the contact listed below.

For further information, contact:

Robert Ewing
NYS DEC - Division of Environmental Permits
625 Broadway
Albany, NY 12233-1750
Phone: (518) 402-9167
E-mail: depprmt@gw.dec.state.ny.us


Notice of Proposed Rule Making

6 NYCRR Part 200, General Provisions
6 NYCRR Part 201, Permits and Registrations
6 NYCRR Part 231, New Source Review for New and Modified Facilities

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103 and 71-2105, and Sections 160-169 and 171-193 of the Federal Clean Air Act (42 USC Sections 7470-7479; 7501-7515), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The NYS DEC proposes to revise 6 NYCRR Parts 200, 201, and 231 and include these revisions in the State Implementation Plan (SIP). This rulemaking amends existing nonattainment New Source Review (NNSR) and attainment New Source Review (Prevention of Significant Deterioration [PSD]) program requirements. First, this rule incorporates the United States Environmental Protection Agency's (US EPA's) May 16, 2008 NSR final rule for the regulation of particulate matter with an aerodynamic diameter less than or equal to 2.5 micrometers (PM-2.5). Second, this rule incorporates US EPA's October 20, 2010 final rule which establishes the PM-2.5 increments, significant impact levels, and significant monitoring concentration. NYS DEC incorporated some of US EPA's final PM-2.5 requirements in its February 19, 2009 revisions to its PSD and NNSR programs. This rulemaking incorporates the additional provisions of the federal PM-2.5 final rule which were not previously included in the 2009 revision to Part 231. Third, this rule incorporates conforming provisions to US EPA's June 3, 2010 NSR final rule for the regulation of Greenhouse Gases (GHGs) under its PSD and Title V programs, also known as the "GHG Tailoring Rule." This rule addresses US EPA's regulation of GHGs by establishing major source applicability threshold levels for GHG emissions and other conforming changes under the state's PSD and Title V programs. The May 2008, June 2010, and October 2010 Federal NSR Rules modified both the NNSR and Prevention of Significant Deterioration regulations at 40 CFR 51.165 and 52.21, respectively, and the October 2010 rule also modified the Title V regulation at 40 CFR 70 and 71. These Federal regulations require states with SIP approved NSR and Title V programs to revise their regulations and submit the revisions to EPA for approval into the SIP.

For further information, contact:

Robert Stanton
NYS DEC - Division of Air Resources
625 Broadway
Albany, NY 12233 3254
Phone: (518) 402 8403
E mail: 231nsr@gw.dec.state.ny.us


Notice of Document Availability

DOW TOGS 3.1.4 - Guidance For Dam Engineering Assessment Reports

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

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 TOGS 3.1.4 - Guidance For Dam Engineering Assessment Reports was developed to give guidance to dam owners and engineers on the preparation of, and NYS DEC staff on the review of, Engineering Assessment Reports pursuant to Part 673.13.

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

Document Availability:

DOW TOGS 3.1.4 is available for download on the NYS DEC web site: http://www.dec.ny.gov/lands/4991.html.

DOW TOGS 3.1.4 can be obtained by sending an email request to: damsregs@gw.dec.state.ny.us with the subject line "Request DOW TOGS 3.1.4" or by calling (518) 402-8185.

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

Questions and comments can directed to the contact listed below.

Contact: Alon Dominitz, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3504, E-mail: damsregs@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

Draft Amendment #1 to the Drinking Water State Revolving Fund Intended Use Plan issued October 1, 2010 was published in the March 2, 2011 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #1 closed on March 15, 2011. 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:

Overview
The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated October 1, 2010. This Final amendment adds (19) projects onto the 2011 IUP Readiness List. The projects were originally financed as a part the: 1998A, 1998B, 1998E, 2000A, 2000B and 2001A bond series leveraged financings and are being added to the Readiness List so that they can be converted to direct financings (deleveraged) as a part of refunding those bond series.

When a DWSRF bond series is refunded, the series may contain certain projects, particularly where the community has nearly repaid their financing, where conversion to direct financings is more economically advantageous. The conversion to direct financings (deleveraging) of projects requires the use of funds, and, therefore, the projects need to be included on the IUP Readiness List. The 2011 IUP is therefore amended to add these projects to the IUP Readiness List. All of the projects added to the IUP Readiness List are projects that previously received financing from the DWSRF. There are no new projects being added to the Readiness List. The refunding of the previously issued bond series' results in interest rate savings to the communities due to the lower rates available at this time and frees up encumbered unspent funds for the program. The funds required to convert these projects to direct financings will come from those funds freed up through the NYS EFC Bond refunding (series 2011A).

Projects to be Deleveraged
The projects being converted to direct financings (deleveraged) and added to the readiness list for that purpose are:

Borrower DWSRF#
Geneseo, Village of D0-16462
Granville ,Village of D0-15513
Lake Luzerne, Town of D0-15100
Mineola, Village of D0-15052
Pawling, Town of D0-15952
Pawling, Village of D0-16082
Waterville, Village of D0-15056
White Plains, City of D0-16048
Corfu, Village of D0-15614
Dolgeville Village of, D0-15049
Glen Park, Village of D0-16243
Hadley, Town of D0-16440
North Hempstead (Rosyln),Town of D0-15667
Schaghticoke ,Town of D0-15290
Ellenville, Village of D0-16252
Newburgh, Town of D0-16544
Ravena, Village of D0-15762
Watkins Glen, Village of D0-16459
Dansville, Village of D0-16776

You can also view Final Amendment #1 to the DWSRF IUP dated October 1, 2010 at: http://www.health.ny.gov/environmental/water/drinking/water.htm.

Contact: Michael J. Montysko, NYS DOH - Bureau of Water Supply Protection, Flanigan Square, 547 River Street, Room 400, Troy, NY 12180-2216, Phone: (518) 402-7650.


Final Amendment No. 1 to the FFY 2011 CWSRF Intended Use Plan
Amended Project Priority Lists

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) 2011 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF), dated October 2010, is amended.

During FFY 2011 NYS EFC will conduct a refunding of certain previously issued bond series. A bond series to be refunded may contain certain projects, particularly when the community has nearly repaid their financing, where conversion to direct financings is more economically advantageous. Converting to direct financings requires the use of additional funds, and therefore the projects need to be included on the IUP Annual List. The 2011 IUP is amended to include these projects as part of this refunding. All projects being added to the IUP Annual List are projects that previously received financing from the CWSRF through EFC. There are no new projects being added to the Annual List

The Final Amendment No. 1 is available on the NYS EFC website at www.efc.ny.gov.

Written comments on Amendment No.1 to the CWSRF IUP were accepted until close of business, February 25, 2011. No comments were received regarding the draft amendment.

For information regarding the Clean Water State Revolving Fund, please contact:

Timothy P. Burns
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, NY 12207-2997
Phone: (518) 402-7396
Fax: (518) 402-7456
E-mail: CWSRFinfo@efc.ny.gov.


Draft Technical and Operational Guidance Series (TOGS) 1.2.2 - Administrative Procedures and the Environmental Benefit Permit Strategy for Individual SPDES Permits

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

Brief Description: This document provides the procedures for implementing the requirements for discharges authorized under the State Pollutant Discharge Elimination System (SPDES) permit program, developing new SPDES permits, and renewing, modifying, priority ranking and tracking existing SPDES permits. This is a revision of the existing TOGS 1.2.2 and has been prepared to clarify and update the procedures used by the NYS DEC - Division of Water and NYS DEC - Division of Environmental Permits staff to implement the SPDES program.

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

Document Availability: The Draft TOGS 1.2.2 is available on NYS DEC's web site at: http://www.dec.ny.gov/permits/6054.html.

Draft TOGS 1.2.2 can also be obtained by sending an email request to: bjhorton@gw.dec.state.ny.us with the subject line "Request Draft EBPS TOGS" or by calling: (518) 402-8111.

Public Comment Period: The public comment period will commence on March 25, 2011 and conclude on April 25, 2011.

Questions and comments may be directed to: Brian Baker, NYSDEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505, E-mail: brbaker@gw.dec.state.ny.us.


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