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ENB - Statewide Notices 6/15/2011

Public Notice

Notice of Emergency Adoption

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:

Notice of Emergency Adoption of Rules on May 26, 2011, to be effective May 26, 2011, to amend existing 6 New York Code of Rules and Regulations (NYCRR) Part 200, General Provisions; Part 201, Permits and Registrations; and Part 231, New Source Review for New and Modified Facilities.

The emergency adoption of these amended rules provides for the preservation of the public health and general welfare. 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 Environmental Protection Agency's (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 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 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 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 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 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. The June 2010 Federal NSR rule modified the NNSR and PSD regulations at 40 CFR 51.165 and 52.21, respectively, and Title V regulation at 40 CFR 70 and 71. These Federal regulations require states with State Implementation Plan (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


Data Solicitation for 2012 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2012. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2012 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Every year waters in two or three of the 17 drainage basins in the state are scheduled to be reassessed. This rotating basin approach allows for a reassessment of water quality of the entire state every five years. The assessment of these waters is a public process and participation and input from a wide range of state, federal and local agencies and non governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

However every two years, corresponding to the development of the New York State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the List, but will be used during the subsequent water quality assessment for the corresponding basin during the reassessment cycle. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and use of this data and information may also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to maintain an effective and comprehensive review of solicited data and information and insure the timely submittal of the List, it is necessary to establish a cut off date for the receipt of water quality data and information. Therefore in order to be included for full consideration in the compiling of the 2012 CWA Section 303(d) List, data and information must be received by September 30, 2011. It is not the intent of this cut off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to United States Environmental Protection Agency (US EPA) by April 1, 2012.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2012 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet. This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non support of a waterbody absent specific (numeric) monitoring data. Information regarding the Waterbody Inventory/Priority Waterbodies List, including the WI/PWL worksheet and instructions for completing the worksheet, can found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23846.html. Worksheet information can also be obtained by contacting Jeff Myers at the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179. Completed WI/PWL worksheets and supporting water quality monitoring data should be sent to the address above, or forwarded via email to: 4pwlinfo@dec.ny.gov. Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2012 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing Methodology can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html.

Additional information regarding the NYS DEC Water Quality Assessment Program, including the Waterbody Inventory/Priority Waterbodies List assessments and Section 305(b) water quality reporting can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179.


Notice of Availability of State and Federal Funds

Type of Recipient: Community-Based Organizations

Environmental Justice Community Impact Grants

The New York State Department of Environmental Conservation (NYS DEC) - Office of Environmental Justice, will be accepting applications for the Environmental Justice Community Impact Grants through Friday, September 9, 2011, for research and community education projects that address multiple environmental harms and risks to communities. Individual awards range from $2,500 to $50,000; a total of $1,012,000 is available for these grants. Eligible applicants are community-based organizations that focus primarily on addressing the environmental and/or public health problems of the residents of the local community. An applicant organization that does not not have 501(c)(3) not-for-profit status needs to partner with a 501(c)(3) not-for-profit organization that will act as a fiscal sponsor for the applicant.

Entities that are not eligible to receive funds under this Grant program are: individuals; universities; government bodies; water districts or similar entities; large non-governmental organizations such as county (outside New York City), regional, state or national environmental groups; or organizations that are not located in the affected communities where the Projects are located. However, there are two ways that an ineligible organization can be involved in a project that receives funding through an Environmental Justice Grant: (1) if the organization is not-for-profit, the organization can act as a fiscal sponsor for an eligible applicant that has not yet received not-for-profit status; or (2) the organization can be a Project partner or subcontractor for an eligible applicant that receives an Environmental Justice Grant.

A wide variety of projects can be supported by this grant program, including community gardens and green roofs, air and water quality monitoring, lead poisoning prevention, urban forestry, subsistence fishing education, environmental education for urban youth, inventories of local pollution sources, and green worker training. Matching funds are not required; however, the applicant must demonstrate that it has applied for or obtained sufficient funding, including the Environmental Justice Grant and other sources, to carry out the Project.

Information on the Environmental Justice Community Impact Grants, application forms and detailed instructions are available on the NYS DEC - Office of Environmental Justice website at http://www.dec.ny.gov/public/31226.html.

For an application, contact:

NYS DEC - Office of Environmental Justice
625 Broadway, 14th Floor
Albany, NY 12233-1500
Phone: (518) 402-8556
Toll-free: 1-866-229-0497
E-mail: justice@dec.ny.gov

Contact: Doug Morrison, NYS DEC Office of Environmental Justice, 625 Broadway, 14th Floor, Albany, NY 12233-1500, Phone: (518) 402-8556, Fax: (518) 402-9018, E-mail: justice@dec.ny.gov


Draft Amendment No. 3 to the FFY 2011 CWSRF Intended Use Plan
Amended Funding Amounts and FFY 2010 Additional Subsidization and Green Project Reserve

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 being amended.

The FFY 2010 federal appropriation for the CWSRF included a requirement that certain funds be utilized for additional subsidization and also for Green Project Reserve (GPR). This draft amendment includes a list of the specific projects to be provided with additional subsidization and also an amount of GPR for each of those projects.

The amendment also includes a description of revised sources and uses of funds for FFY 2011. The revisions are in response to the final FFY 2011 budget passed in April 2011.

Finally, the amendment includes funding for one project that will be converted from a leveraged to a direct financing as part of the 2011 pooled financing set to close in July 2011.

The Draft Amendment No. 3 will be available on the NYS EFC website at: www.efc.ny.gov.

Written comments on Amendment No. 3 to the CWSRF IUP will be accepted by mail, e-mail, or fax until close of business, Friday, July 1, 2011.

Comments should be addressed to:

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


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