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ENB - Statewide Notices 7/6/2011

Public Notice

New York State Department of Environmental Conservation - Office of Environmental Justice to host Statewide Teleconference about Environmental Justice Community Impact Grants

The New York State Department of Environmental Conservation's (NYS DEC) - Office of Environmental Justice is hosting a public teleconference on Thursday, July 14, 2011, from 6:00 p.m. to 8:00 p.m. for individuals interested in the Environmental Justice Community Impact Grants (EJ Grants). Aimee Vargas, the Director of the Office of Environmental Justice, will provide interested organizations with detailed information about the EJ Grants and the application process.

The EJ Grants are available to community-based organizations to fund various projects, including but not limited to community gardens and green roofs, air and water quality monitoring, lead poisoning prevention, urban forestry, subsistence fishing education, environmental education, inventories of local pollution sources, and green worker training. Larger not-for-profit organizations, universities and municipalities can partner with community organizations on funded projects. Community-based organizations, community leaders, municipal and university representatives, and other interested stakeholders are welcome to participate in the conference call, which is part of the NYS DEC's ongoing outreach efforts which included Technical Workshops throughout New York State and an upcoming Video Conference/Webinar on August 10, 2011.

Applications are due Friday, September 9, 2011, and awards are expected to be made in November.

The EJ Grants are funded through the Environmental Justice Community Impact Research Grant program. Launched in 2006 with input from the NYS DEC - Office of Environmental Justice's Environmental Justice Advisory Group, the program helps local organizations with projects to address environmental and public health concerns. The program concentrates on communities that are historically overburdened by problems such as a high density of contaminated sites; noise, air and water pollution; health problems; and a lack of green space and waterfront access.

Individual awards will range from $2,500 to $50,000, and a total of approximately $1 million is available. During the last funding cycle in 2008, NYS DEC awarded 50 grants totaling $1.6 million.

To join the teleconference, participants may call 1-866-394-2346. When prompted, dial the participant code 5385701554, followed by the # sign. When prompted again, press "1" to join the call.

If you have any questions about the teleconference or other questions about the EJ Grants, please call the NYS DEC Office of Environmental Justice at 1-866-229-0497 or 518-402-8556, or e-mail the Office of EJ at justice@dec.ny.gov.


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.


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Drinking Water State Revolving Fund (DWSRF)

Draft 2012 Intended Use Plans (IUPs)
Anticipated Funds Available; Project Priority Lists; Eligible Projects
Public Meeting & Hearing; Comments; Applications

The New York State Environmental Facilities Corporation (NYS EFC), the New York State Department of Environmental Conservation (NYS DEC) and the New York State Department of Health (NYS DOH) are pleased to announce the availability of the draft Federal Fiscal Year (FFY) 2012 Intended Use Plans (IUPs) for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF). The CWSRF and DWSRF programs are available to municipalities and certain non-municipal entities in New York State (NYS) to finance water quality related projects.

For the CWSRF, NYS EFC estimates that approximately $455.0 million will be available for subsidized financing for the CWSRF during FFY 2012. This includes an estimated federal capitalization grant amount of $165.7 million. Additional CWSRF subsidization in the form of either grant or principal forgiveness will be available in FFY 2012, however, a final allocation of CWSRF additional subsidization will be announced as part of a future IUP Amendment. In addition, NYS EFC will be offering subsidized financial assistance to projects that meet USEPA's Green Project Reserve (GPR) criteria. A final determination of the uses of GPR for FFY 2012 has not yet been made. Please monitor the NYS EFC website for developments.

For the DWSRF, NYS DOH will receive an estimated $61.0 million DWSRF federal capitalization grant of which a maximum of $18.3 million will be made available for eligible hardship projects as additional subsidization as hardship grants.

The IUPs include lists of projects that could receive reduced-interest subsidized and unsubsidized financing between October 1, 2011 and September 30, 2012, the next IUP financing period. The interest rate for subsidized financings is reduced by 50% (CWSRF) or 33.3% (DWSRF) of the market rate for bonds. Please visit NYS EFC's website at: www.efc.ny.gov for more information.

Eligible Projects:

CWSRF - Municipal water pollution control projects eligible for CWSRF reduced interest subsidized and unsubsidized financing under Section 212 of the Clean Water Act (CWA) include, but are not limited to: wastewater treatment facilities and conveyance systems; combined sewer overflow abatement facilities; stormwater pollution abatement; energy efficiency initiatives; system security measures; water conservation, reuse and recycling systems; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality.

Municipal and non-municipal entities may apply for CWSRF assistance for non-point source projects that protect water quality under CWA Section 319 or implement an approved National Estuary Plan under CWA Section 320. Projects eligible for CWSRF reduced interest subsidized and unsubsidized financing include, but are not limited to: land acquisition or conservation easements for water quality protection, including wellhead protection; brownfield remediation; contaminated soil and storage tank remediation; water quality aspects of landfills such as landfill leachate collection, storage and treatment, landfill gas collection and control, and landfill capping; stormwater management facilities and equipment; wetland and waterbody restoration; highway deicing materials storage; deficient or failing decentralized septic systems; or other non-point source projects to maintain, protect or improve water quality under Section 319.

DWSRF - Drinking water systems eligible for DWSRF reduced interest subsidized and non-subsidized financing are: municipal and privately-owned community water systems and non-profit, non-community water systems. Municipally-owned water systems are also eligible for reduced interest unsubsidized financing. Projects eligible for DWSRF financing include: construction, rehabilitation, and upgrading of water treatment plants; transmission and distribution mains; storage facilities; pump stations; interconnections; rehabilitation or development of new drinking water sources; consolidation of water supply services; upgrades to existing water systems; energy efficiency initiatives; and capital investments to improve security of drinking water systems.

Intended Use Plans and Project Listing:

Eligible entities interested in financing one or more projects not currently listed in the draft CWSRF IUP or draft DWSRF IUP should submit the appropriate IUP project listing information as soon as possible but no later than Thursday, August 25, 2011 as provided below. For assistance with the IUP listing process, please call the NYS EFC or NYS DOH office listed at the end of this notice.

For CWSRF projects, an applicant will need to provide a CWSRF Project Listing Form (please see NYS EFC's Project Listing and Update System (PLUS) at: http://plus.efc.ny.gov/) and an approvable engineering or technical report to NYS EFC as soon as possible but no later than August 25, 2011 to be listed for financing of projects on the Annual List of the final 2012 CWSRF IUP. Separate listing forms are available for municipal wastewater and nonpoint source projects, for municipal and not-for-profit land acquisition projects, and for non-municipal nonpoint source projects.

For DWSRF projects, an applicant will need to provide a DWSRF Pre-Application Form to the NYS DOH by August 25, 2011 along with an engineering report, or plans and specifications, or have completed construction, to be included on the Project Readiness List in the final 2012 DWSRF IUP.

A notice regarding the availability of the draft IUPs will be e-mailed to municipal applicants, system owners, financial advisors, consulting firms, and other interested parties. The draft CWSRF IUP will also be available on the NYS EFC website at: www.efc.ny.gov. The DWSRF IUP will also be available on the NYS DOH website at: www.health.ny.gov (click on the "Topics A to Z" button, "Drinking Water", and "Drinking Water State Revolving Fund").

Due Date for Comments:

Written statements or comments on the draft IUPs can be filed prior to the August 25, 2011 deadline or at the public hearing. If you intend to provide testimony at the public hearing, please provide a copy of the testimony prior to or at the beginning of the hearing. Written and oral statements will be made part of the official records. Written statements or comments on the draft IUPs should be filed with the following programs by close of business on the dates as indicated below:

CWSRF Program:

Submit comments by: Thursday, August 25, 2011

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

DWSRF Program:

Submit comments by: Thursday, August 25, 2011

Submit comments to: Roger Sokol
NYS DOH - Bureau of Water Supply Protection
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
Fax: (518) 402-7659

Public Meeting and Hearing:

A joint public meeting and hearing to review the draft FFY 2012 CWSRF IUP and DWSRF IUP will be held on Wednesday, August 3, 2011, at 10:00 a.m. in the Stedman Room of the William K. Sanford Town Library in the Town of Colonie, Albany County. The Library is located at 629 Albany Shaker Road, approximately ¼ mile east of Exit 4 off I-87. Pre-registration is not required. Reasonable accommodations will be provided for disabled persons if requested in advance.

WEBINAR:

NYS EFC and NYS DOH will host a webinar on Wednesday, August 10, 2011, at 10:00 a.m. This event will present an overview of the 2012 IUPs for the CWSRF and the DWSRF, as well as an opportunity to answer questions. Log-on instructions for this webinar will be posted on NYS EFC's website at: www.efc.ny.gov.

Application Packages and Due Dates:

The CWSRF and DWSRF Financing Application Packages are available at: www.efc.ny.gov for applicants with projects on the 2012 CWSRF IUP Annual List and DWSRF IUP Readiness List to submit to NYS EFC for subsidized or unsubsidized financing during this IUP period (October 1, 2011 to September 30, 2012). For a copy of the CWSRF or DWSRF Application Package, please visit the NYS EFC website or call the NYS EFC office listed at the end of this notice.

Applications for CWSRF and DWSRF financing are accepted on a continuous basis.

For the CWSRF, the tentative FFY 2012 deadline for submittal of complete applications for subsidized financing to NYS EFC is March 1, 2012 for IUP Annual List Category D hardship projects and Category A & B projects above the subsidy lines. The tentative deadline for submittal of complete applications for potential subsidized or unsubsidized financing to NYS EFC for IUP Annual List Category A & B projects below the subsidy lines is April 13, 2012.

For the DWSRF, the tentative deadline for submittal of hardship applicants competing for grant funding is December 1, 2011. The tentative FFY 2012 deadline for submittal of complete applications for subsidized financing to NYS EFC is March 1, 2012 for IUP Readiness List projects above the subsidy line. The tentative deadline for submittal of complete applications for potential subsidized or unsubsidized financing to NYS EFC for IUP Readiness List projects below the subsidy line is April 13, 2012.

NYS EFC and NYS DOH Contacts:

For a copy of the draft FFY 2012 IUP, assistance with the IUP listing process, or for information on these SRF programs, please contact:

CWSRF: Dwight Brown
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 or (518) 402-7396
Fax: (518) 402-7456
E-mail: dwight.brown@efc.ny.gov
NYS EFC website: www.efc.ny.gov

DWSRF: Michael Montysko
NYS DOH - Bureau of Water Supply Protection
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
Phone: (800) 458-1158 ext. 27650 or (518) 402-7650
Fax: (518) 402-7689

Listing Forms and Application Packages:

For information on the CWSRF Project Listing and Update System, the DWSRF Pre-Application Form, the CWSRF or DWSRF Financing Application Package Forms and Guidance, or the CWSRF or DWSRF Financial Hardship Application, please visit NYS EFC's website at: www.efc.ny.gov or contact Dwight Brown at the above NYS EFC address or phone number.


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 on July 21, 2011 from 2:00 p.m. - 4:00 p.m., in conference room 718 on the 7th floor of the New York State Environmental Facilities Corporation, 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, and the New York State Energy Research and Development Authority.

The Council will consider the following:

  • Coordination with the Pollution Prevention Institute
  • Coordination and marketing of New York's P2 and Compliance assistance programs
  • Discussion of new Green Business Strategy

This meeting is open to the public.

Contact: Jennifer Congdon, New York State Environmental Facilities Corporation - Pollution Prevention and Environmental Compliance Coordinating Council, 625 Broadway, Albany, NY 12207, Phone: (518) 402-7461.


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