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ENB - Statewide Notices 7/10/2013

Public Notice

Notice of Public Hearing

Proposed Revisions to 6 NYCRR PART 242, CO2 Budget Trading Program, Revisions to 6 NYCRR PART 200, General Provisions and Acceptance of the Draft Supplemental Generic Environmental Impact Statement (SGEIS)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) will hold a legislative Public Hearing on two separate proposals:

1. The NYS DEC proposes to revise 6 NYCRR Part 242, CO2 Budget Trading Program (Program) and 6 NYCRR Part 200, General Provisions. The proposed Program revisions, which will cap regional CO2 emissions at 91 million tons annually beginning in 2014, represent a nearly 45 percent reduction from the existing cap currently in place under the Program. After 2020, the cap will remain at 78 million tons annually. Further, to account for the existing private bank of CO2 emissions allowances already acquired at auction, and to help create a binding cap, the proposed Program revisions provide two distinct budget adjustments. The proposed Program revisions also create the Cost Containment Reserve (CCR), which will help provide additional flexibility and cost containment for the Program. Finally, the proposed Program revisions create an interim compliance obligation. This program revision helps to address the potential for a budget source to avoid its compliance obligation as a result of the business closing or falling into bankruptcy prior to the third year compliance obligation.

The proposed Program revisions also include minor revisions such as setting the reserve price at $2.00 in 2014, to rise at 2.5 percent per year in subsequent years, updating all references, and deleting the early reduction allowance provisions. The majority of the proceeds from the sale of New York's allowances will continue to be dedicated to strategic energy or consumer benefits, such as energy efficiency and clean energy technologies.

2. Pursuant to the State Environmental Quality Review Act (SEQR; Article 8 of the Environmental Conservation Law with implementing regulations at 6 NYCRR Part 617), the Proposed Rulemaking is an Unlisted Action (as defined in 6 NYCRR §617.2[ak]). NYS DEC, in consultation with New York State Energy Research and Development Authority (NYSERDA), determined NYS DEC should serve as lead agency for the environmental review of this action. Based on an initial review of the action, NYS DEC determined that the proposed rulemaking is likely to have a positive impact on the environment, and is unlikely to have any significant adverse environmental impacts. However, NYS DEC has determined that the preparation of an SGEIS is appropriate to provide maximum opportunity for public participation in the rulemaking process. NYS DEC issued a Positive Declaration for the proposed Rulemaking on April 1, 2013. As lead agency, NYS DEC conducted public scoping (see 6 NYCRR §617.8) and took comments through May 6, 2013.

A Public Hearing will be held for the proposed rulemaking and the acceptance of the Draft SGEIS at the following locations and times:

Date: Monday, August 26, 2013
Time: 2:00 p.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129A
Albany, NY 12233

Date: Tuesday, August 27, 2013
Time: 2:00 p.m.
Location: NYS DEC - Region 8 Office
Conference Room
6274 East Avon-Lima Road (Routes 5 and 20)
Avon, NY 14414

Date: Thursday, August 29, 2013
Time: 2:00 p.m.
Location: NYSDEC - Region 2 Office
1 Hunters Point Plaza
47-40 21st Street, Room 834
Long Island City, NY 11101

The Public Hearing is scheduled in a place that is reasonably accessible to persons with impaired mobility. At the hearing, NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by August 12, 2013, to Laura Stevens, NYS DEC, 625 Broadway, Albany NY 12233 3258, Phone: (518) 402-8401, E-mail: airregs@gw.dec.state.ny.us.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act (SEQRA), NYS DEC issued a Positive Declaration for the proposed rulemaking on April 1, 2013 and conducted a public scoping. NYS DEC accepted comments on the Draft scoping document through close of business on May 6, 2013.

NYS DEC invites all persons, organizations, corporations, and government agencies that may be affected by the proposals to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearing and oral statements made at the hearing will be given equal weight.

Requests for information related to proposed rulemaking and acceptance of the Draft SGEIS may be obtained from: Michael P. Sheehan, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone (518) 402-8396, E-mail: 242co2btp@gw.dec.state.ny.us. Comments on the proposed rulemaking and acceptance of the Draft SGEIS may be submitted to Michael P. Sheehan until 5:00 p.m., September 9, 2013.

All of the proposals may also be obtained from any of the following NYS DEC offices:

Region 1 - NYS DEC-Region 1 Office, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790, Attention: Merlange Genece

Region 2 - NYS DEC-Region 2 Office, 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Samuel Lieblich

Region 3 - NYS DEC-Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Thomas Rudolph

Region 4 - NYS DEC-Region 4 Office, 1130 North Westcott Road, Schenectady, NY 12306, Attention: Donald Spencer

Region 5 - NYS DEC-Region 5 Office, 232 Golf Course Road, P.O. Box 220, Warrensburg, NY 12885, Attention: James Coutant

Region 6 - NYS DEC-Region 6 Office, Watertown State Office Building, 317 Washington Street, Watertown, NY 13601, Attention: Thomas Morgan

Region 7 - NYS DEC-Region 7 Office, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker

Region 8 - NYS DEC-Region 8 Office, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott

Region 9 - NYS DEC-Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203, Attention: Alfred Carlacci

Contact: Michael P. Sheehan, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone (518) 402-8396, E-mail: 242co2btp@gw.dec.state.ny.us.


Notice of Proposed Rulemaking

6 NYCRR Part 242, CO2 Budget Trading Program , 6 NYCRR Part 200, General Provisions and, Acceptance of the Draft Supplemental Generic Environmental Impact Statement (Draft SGEIS)

Pursuant to Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The NYS DEC proposes to revise 6 NYCRR Part 242, CO2 Budget Trading Program (the Program) and 6 NYCRR Part 200, General Provisions. The proposed Program revisions, which will cap regional CO2 emissions at 91 million tons annually beginning in 2014, represent a nearly 45 percent reduction from the existing cap currently in place under the Program. After 2020, the cap will remain at 78 million tons annually. Further, to account for the existing private bank of CO2 emissions allowances already acquired at auction, and to help create a binding cap, the proposed Program revisions provide two distinct budget adjustments. The proposed Program revisions also create the Cost Containment Reserve (CCR), which will help provide additional flexibility and cost containment for the Program. Finally, the proposed Program revisions create an interim compliance obligation. This program revision helps to address the potential for a budget source to avoid its compliance obligation as a result of the business closing or falling into bankruptcy prior to the third year compliance obligation.

The proposed Program revisions also include minor revisions such as setting the reserve price at $2.00 in 2014, to rise at 2.5 percent per year in subsequent years, updating all references, and deleting the early reduction allowance provisions. The majority of the proceeds from the sale of New York's allowances will continue to be dedicated to strategic energy or consumer benefits, such as energy efficiency and clean energy technologies.

Pursuant to the State Environmental Quality Review Act (SEQR; Article 8 of the Environmental Conservation Law with implementing regulations at 6 NYCRR Part 617), the Proposed Rulemaking is an Unlisted Action (as defined in 6 NYCRR §617.2[ak]). NYS DEC, in consultation with New York State Energy Research and Development Authority (NYSERDA), determined NYS DEC should serve as lead agency for the environmental review of this action. Based on an initial review of the action, NYS DEC determined that the proposed rulemaking is likely to have a positive impact on the environment, and is unlikely to have any significant adverse environmental impacts. However, NYS DEC has determined that the preparation of an SGEIS is appropriate to provide maximum opportunity for public participation in the rulemaking process. NYS DEC issued a Positive Declaration for the Proposed Rulemaking on April 1, 2013. As lead agency, NYS DEC conducted public scoping (see 6 NYCRR §617.8) and took comments through May 6, 2013.

For further information, contact:

Michael Sheehan
NYSDEC
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8396
Fax: (518) 402-9035
E-mail: 242co2btp@gw.dec.state.ny.us


Data Solicitation for 2014 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, 2014. 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 2014 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 re assessed. This rotating basin approach allows for a re assessment 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 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 2014 CWA Section 303(d) List, data and information must be received by September 30, 2013. 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 USEPA by April 1, 2014.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2014 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 sent to the address above, or forwarded via e-mail to: 4pwlinfo@gw.dec.state.ny.us. 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 2014 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, E-mail: jamyers@gw.dec.state.ny.us.


Public Meeting Notice

Invasive Species Council Meeting (joint meeting with Invasive Species Advisory Committee)

Date: July 17, 2013
Time: 10:00 a.m. - 2:00 p.m.
Location: Pine Barrens Room at Pine Bush Discovery Center
195 New Karner Road
Albany, NY

Contact: Kathy Moser, New York State Department of Environmental Conservation (NYS DEC) Deputy Commissioner for Natural Resources, 625 Broadway, 4th Floor, Albany, NY 12233-1010, Phone: (518) 402-8533.


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

Draft 2014 Intended Use Plans (IUPs) Anticipated Funds Available; Project Priority Lists; Eligible Projects, Webinar; 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) 2014 Intended Use Plans (IUP) 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 to finance water quality and drinking water related projects.

NYS EFC estimates that approximately $947.3 million will be available for subsidized financing for the CWSRF during FFY 2014. This includes an estimated federal capitalization grant amount of $75.8 million.

The NYS DOH will receive an estimated $38.3 million DWSRF federal capitalization grant of which a maximum of $11.5 million may be made available for eligible hardship projects as additional subsidization as hardship grants. A specific breakdown of the DWSRF sources and uses will be included in the Draft IUP.

The IUPs include lists of projects that could receive reduced-interest subsidized and unsubsidized financing between October 1, 2013 and September 30, 2014, 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: green infrastructure; 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 Monday, August 26, 2013 as provided below. For assistance with the IUP listing process, please call the NYS EFC contact as listed at the end of this notice.

For CWSRF new projects, an applicant will need to provide a CWSRF Project Listing Form, an approvable engineering report or technical report, an executed engineering agreement for planning services (if those services are expected to be financed with the project), and a Smart Growth Assessment Form to NYS EFC as soon as possible but no later than August 26, 2013 to be listed for financing of projects on the Annual List of the final CWSRF IUP. NYS EFC uses a web-based portal for listing projects (Project Listing and Update System - PLUS) that can be accessed at: http://plus.efc.ny.gov/.

For DWSRF projects, an applicant will need to provide a DWSRF Listing Form and an engineering report or plans and specifications to the NYS DOH by Monday, August 26, 2013, or have completed construction, to be included on the Annual List in the final DWSRF IUP.

A notice regarding the availability of the draft IUP 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.state.ny.us (click on the "Topics A to Z" button, "Drinking Water", and "Drinking Water State Revolving Fund").

Due Date for Comments:

Written comments on the draft IUPs must be submitted prior to the August 26, 2013 deadline.

CWSRF Program:

Submit comments by: Monday, August 26, 2013

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

DWSRF Program:

Submit comments by: Monday, August 26, 2013

Submit comments to: Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Rm. 1135
Albany, New York 12237
Fax: (518) 402-7659
E-mail: BPWSP@health.state.ny.us (if sent by email put Draft IUP comment in the subject line)

Webinar:

NYS EFC and NYS DOH will host a webinar to review the draft FFY 2014 CWSRF and DWSRF IUPs on Wednesday, August 14, 2013, at 10:00 a.m. This event will present an overview of the 2014 CWSRF and DWSRF IUP, 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.

NYS EFC and NYS DOH Contacts:

For assistance with the IUP listing process, or for information on these SRF programs, please contact:

CWSRF:

Dwight Brown
NYS EFC - Division of Engineering and Program Management
SRF Program Services Coordinator
625 Broadway
Albany, NY 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
Empire State Plaza
Corning Tower Room 1135
Albany, NY 12237
Phone: (800) 458-1158 ext. 27650 or (518) 402-7650
Fax: (518) 402-7689
E-mail: mjm07@health.state.ny.us


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