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ENB - Statewide Notices 6/10/2015

Public Notice

New York State Department of Environmental Conservation (NYS DEC) Announces Sea-level Rise Projection Meetings

NYS DEC will host four public information and comment meetings to provide public opportunity to learn about and comment on projections of future sea-level. The Community Risk and Resiliency Act (CRRA) requires NYS DEC to adopt a regulation establishing official state sea-level rise projections by January 1, 2016. The meetings listed below will provide an opportunity for public input before NYS DEC proposes a draft sea-level rise projection regulation for formal public comment later in 2015.

The meeting dates and locations are as follows:

Date: Tuesday, June 23, 2015
Time: 1:00 p.m.
Location: Wertheim National Wildlife Refuge Visitor Center
340 Smith Road
Shirley, Suffolk County, New York

Date: Tuesday, June 23, 2015
Time: 7:00 p.m.
Location: Operation Splash
202 Woodcleft Avenue
Freeport, Nassau County, New York

Date: Wednesday, June 24, 2015
Time: 10:00 a.m.
Location: Hunter College
West Building, Room 511
67th Street and Lexington Avenue
New York City, New York County, New York

Date: Thursday, June 25, 2015
Time: 2:30 p.m.
Location: NYS DEC Headquarters
625 Broadway, Room 129,
Albany, Albany County, New York

Individuals planning to attend the June 25, 2015 meeting in Albany are asked to pre-register by e-mailing climatechange@dec.ny.gov or calling (518) 402-8448. Failure to pre-register may result in delayed entry to the meeting. Those attending must present photographic identification.

NYS DEC will make the June 25 meeting in Albany accessible via WebEx webinar service. Instruction for accessing the webinar are at http://www.dec.ny.gov/energy/100236.html.

NYS DEC staff will present information on the Community Risk and Resiliency Act (CRRA) and on scientific information NYS DEC is considering as it develops its regulation to establish sea-level rise projections. Participants will have opportunity to provide additional input for NYS DEC's consideration. NYS DEC will consider public input received by July 1, 2015 as it formulates its draft regulation. Additional information on CRRA and the sea-level rise projection regulation is available at: http://www.dec.ny.gov/energy/100236.html.

E-mail comments to: climatechange@dec.ny.gov.

Mail comments to: NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448, E-mail climatechange@dec.ny.gov.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448, E-mail climatechange@dec.ny.gov.


Notice of Proposed Revised 6 NYCRR Part 375, Environmental Remediation Programs

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is proposing to revise 6 NYCRR Part 375, Environmental Remediation Programs. NYS DEC is revising these regulations to meet the statutory mandates in Part BB of Chapter 56 of the Laws of 2015, which amended and added new language to Environmental Conservation Law (ECL) Article 27, Title 14 Brownfield Cleanup Program, (BCP) and certain other laws. The Notice of Proposed Rule Making is available in the June 10, 2015 issue of the State Register. Written public comments will be accepted by NYS DEC through August 5, 2015.

This rule making will amend Part 375 to add two new definitions, one for "affordable housing project" and a second for "underutilized". The new BCP law directs NYS DEC to define the terms in regulation and publish the "affordable housing project" definition in the State Register. The statutory changes to the BCP will become effective on July 1, 2015 as the effective date was the later of July 1, 2015 or the day the definition of "underutilized" is published in the State Register. These definitions, along with the other criteria for eligibility for tangible property tax credits (the site's location in an EnZone or the site meeting the statutory definition of "upside down"), will be used to determine whether a site in New York City will be eligible for those credits. The "affordable housing project" definition will also be used statewide to determine a site's eligibility for the five percent affordable housing tax credit bonus. This rule making will also amend the "brownfield site" definition at 6 NYCRR 375-1.2(b) to meet the definition in the new BCP law as well as deleting 6 NYCRR 375-3.3(a)(1) to conform to this definition.

The 2015 amendments to the BCP law address the large differences in the potential state tax liability between Upstate and Downstate BCP sites. The primary driver for the regional imbalance within the BCP is high development costs for some Downstate projects, which were reflected in excessive tangible property tax credits. Limiting the eligibility of New York City sites to specific affordable housing projects and underutilized properties, through criteria established by regulation, or to sites meeting one of the other statutory criteria, is expected to target projects in New York City to those areas with the most need. The amended definition of "brownfield site" implements a statutory amendment that clarified NYS DEC's use of an environmental standards-based approach to site eligibility determinations and will ensure that tangible property tax credits are only afforded to sites with actual contamination.

NYS DEC will hold a formal public hearing during the public comment period. Details are available on NYS DEC's website at: http://www.dec.ny.gov/regulations/101908.html. Information about the public hearing and how to submit written comments are also provided below.

Availability of documents for review: The proposed amendments to Part 375 and supporting rule making documents are available on NYS DEC's web site at: http://www.dec.ny.gov/regulations/101908.html. These documents may also be inspected at NYS DEC, Central Office, 625 Broadway, Albany, NY 12233. Please call Angela Chieco for an appointment at (518) 402-9764.

Public Hearing: A legislative public hearing to receive public comments on the amendments to Part 375 will be held as follows:

Date: July 29, 2015
Time: 1:00 p.m.
Location: New York City Department of Health
125 Worth Street
Second Floor Auditorium
New York City, NY

This hearing location is accessible to persons with impaired mobility. Interpreter services will be made available to deaf persons, at no charge, upon written request at least five business days prior to the date of the hearing. Please address requests to: Michael Ryan, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7011.

NYS DEC invites all persons, organizations, corporations and governmental agencies to attend this hearing and submit either written or oral statements. At the hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. However, NYS DEC will give equal weight to written and oral statements. Since a cumulative record will be compiled, it is not required that interested parties attend the hearing.

Written comments: The public is invited to submit written comments on the proposed amendments to Part 375 through August 5, 2015. Written comments can be submitted as follows:

(1) By email to: derweb@dec.ny.gov and please include "Comments on Proposed Part 375" in the subject line of the email; or

(2) By mail to: Michael Ryan, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7011.

For more information about this Notice, please contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail: derweb@dec.ny.gov.


Availability for Comment on Watershed Plan

This notice announces the availability of a Draft Nine Key Element Watershed Plan proposed by New York State Department of Environmental Conservation (NYS DEC) to address the following watershed:

Genesee River Watershed: Allegany, Cattaraugus, Genesee, Livingston, Monroe, Ontario, Orleans, Steuben and Wyoming Counties

The Watershed Plan addresses phosphorus and sediment.

The Watershed Plan will be discussed at the 2015 Genesee River Basin Summit being held at SUNY Geneseo's Union Ballroom on June 17, 2015. More information about the Summit, including registration information, can be found at: http://geneseeriverwatch.org.

Public comment on this document will be accepted for 30 days, through close of business July 10, 2015.

Background: The United State Environmental Protection Agency (US EPA) had identified the minimum nine elements of a watershed plan they consider necessary for a watershed plan to be successful. US EPA requires that these nine elements be addressed for watershed plans funded using incremental Clean Water Act Section 319 funds, and strongly recommends that they be included in all other watershed plans that are intended to remediate water quality impairments. Existence of state approved Nine Key Element Watershed Plans have also been listed as an eligibility requirement for some federal grant opportunities.

The Watershed Plan outlines a voluntary strategy for reducing phosphorus and sediment loads originating from the Genesee River watershed. The Watershed Plan identifies potential best management practices and prioritizes areas of the watershed for implementation. Reductions are needed to address existing water quality impacts caused by excessive phosphorus and sediment loads.

Information: Copies of the proposed Draft Watershed Plan can be found on the NYS DEC website at: http://www.dec.ny.gov/lands/48371.html or by contacting Steve Gladding of NYS DEC's Division of Water by mail at 625 Broadway, 4th Floor, Albany NY 12233-3508, by phone at (518) 402-8207, or by email at steven.gladding@dec.ny.gov. Comments on the Draft Watershed Plan should be sent in writing, via mail or email, to the same address. Comments received by close of business July 10, 2015 will be considered prior to submission of the Watershed Plan to the EPA for review.

Contact: Steve Gladding, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany NY 12233-3508, Phone: (518) 402-8207, E-mail: steven.gladding@dec.ny.gov.


Data Solicitation for 2016 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, 2016. 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 2016 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. 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.

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 pending List, but will be incorporated into subsequent water quality assessments. 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 be included for consideration in the compiling of the 2016 CWA Section 303(d) List, data and information must be received by September 30, 2015. 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 the United States Environmental Protection Agency (US EPA) by April 1, 2016.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet (PDF 214.64 KB) which may also be found at: http://www.dec.ny.gov/chemical/36730.html. 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. Worksheet information can also be obtained by contacting Sarah Rickard 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, supporting water quality monitoring data, a copy of the corresponding Quality Assurance/Quality Control (QA/QC), QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via e-mail to: 4pwlinfo@gw.dec.state.ny.us.

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 2016 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.

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@gw.dec.state.ny.us.


Final Amendment No. 4 to the Drinking Water State Revolving Fund (DWSRF) Federal Fiscal Year (FFY) 2015 Intended Use Plan

FFY 2015 Intended Use Plan Amendment:

Draft Amendment No. 4 to the Drinking Water State Revolving Fund Intended Use Plan (IUP) issued October 1, 2014 was published in the May 13, 2015 issue of the Environmental Notice Bulletin. The comment period for Draft Amendment No. 4 closed on May 27, 2015 and the New York State Department of Health (NYS DOH) received no public comments pertaining to the Amendment. Therefore, as of May 28, 2015, the Amendment as shown below was final:

DWSRF#17645 Greenwich (V), Washington County - The project cost listed in the DWSRF Intended Use Plan (IUP) is increased by $200,000 to reflect the project's additional required costs beyond what was provided in the short term market rate financing. In accordance with the Section 4.2.6 of the IUP, this project is also now eligible for a subsidized interest rate financing.

DWSRF#18153 Wallkill (T), Orange County - The IUP listed cost for this DWSRF Storm Mitigation Loan Program project is increased by an amount up to but not to exceed an additional $75,000 to more accurately reflect the anticipated project cost.

In addition to the project specific amendments cited above, the estimated federal capitalization grant for FFY 2015 is amended to $42,455,000 and the Set-Aside amounts in Table 2 of the IUP will be adjusted to reflect this change. The percentage of the federal capitalization grant being made available for additional subsidy is also amended from twenty percent to "up to thirty percent". Any increase in additional subsidy resulting from this change will be provided if needed to eligible projects that applied for hardship prior to the December 1, 2014 hardship application deadline.

NYS DOH has determined that the amendments are necessary, reasonable, and in the interest of protecting public health. The amendments will not adversely affect any project on the IUP Project Annual List above the subsidized funding line. Except as noted above, there are no other changes to the IUP as a result of this Amendment No. 4 of the FFY 2015 IUP.

Contact: Michael Montysko, NYS DOH - Bureau of Water Supply Protection, Corning Tower Room. 1135, Empire State Plaza, Albany, NY 12237, Fax: (518) 402-7599, E-mail: bpwsp@health.ny.gov.


Final Amendment No. 2 to the FFY 2015 CWSRF Intended Use Plan

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) 2015 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF), dated November 2014 is amended.

Final Amendment No. 2 addresses these issues:

  1. Changes to the CWSRF program as a result of the Water Resources Reform and Development Act of 2014. These changes are divided into three categories:
    1. Interim program requirements made permanent during FFY 2015
    2. New program requirements implemented during FFY 2015, and
    3. Future program modifications.
  2. Green Innovation Grant Program (GIGP) projects funded with FFY 2014 USEPA Capitalization Grant;
  3. Revisions to the FFY 2015 Annual Project Priority List; and
  4. Community Risk and Resiliency Act of 2014.

NYS EFC received no comments on the Draft 2015 CWSRF IUP Amendment No. 2. The Final Amendment No. 2 will be available on the EFC website at: www.efc.ny.gov.

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

Dwight Brown
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-6924
Fax: (518) 402-7456
E-mail: CWSRFinfo@efc.ny.gov


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