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ENB - Statewide Notices 3/2/2016

Public Notice

Withdrawal of Transport Portion of Infrastructure Assessment for the 2008 Ozone National Ambient Air Quality Standards

Notice is hereby given that The New York State Department of Environmental Conservation (NYS DEC) plans to withdraw the portion of its infrastructure assessment for the 2008 ozone National Ambient Air Quality Standards (NAAQS) that was developed pursuant to Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) - also known as the transport State Implementation Plan (SIP).

NYS DEC submitted an infrastructure assessment for the 2008 ozone NAAQS, required by CAA sections 110(a)(1) and (2), to the United States Environmental Protection Agency (US EPA) on April 4, 2013. CAA section 110(a)(2)(D)(i)(I) requires states to quantify their impact on downwind nonattainment or maintenance areas and ensure that sufficient controls are in place or on the way to alleviate excessive contributions.

NYS DEC's 2013 transport SIP submittal relied on the many stringent regulations that have been promulgated in New York, and NYS DEC expected to supplement this SIP once US EPA finalized its update to the Cross-State Air Pollution Rule (CSAPR). While the proposed CSAPR update supports states' obligations to address the problem of air pollution that is transported across state lines, it is only a partial solution, meaning that it may not fully address the problem of transported ozone pollution in the eastern U.S. US EPA modeling for the proposed CSAPR update shows continued ozone nonattainment in the New York-N. New Jersey-Long Island, NY-NJ-CT area. Therefore, NYS DEC plans to resubmit its transport SIP when US EPA defines the components of an approvable transport SIP for the 2008 ozone NAAQS.

NYS DEC is providing a 30 day period to comment on the proposed SIP revision or request a hearing. Written comments should be submitted by 5:00 p.m. on April 1, 2016 to: Scott Wajda-Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: dar.sips@dec.ny.gov.

Contact: Scott Wajda-Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: dar.sips@dec.ny.gov.


This notice announces the availability of the Draft 2016 New York State Section 303(d) List of Impaired/TMDL Waters. The list identifies those waters that do not support appropriate uses and require development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 45 days, through March 4, 2016.

Background: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to maintain a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State water: the Assessment Methodology which outlines how waters are evaluated by New York State Department of Environmental Conservation (NYS DEC) to determine the degree of use support, and the Listing Methodology which outlines the criteria NYS DEC uses to determine what waters are to be included on the Section 303(d) List. These documents are intended to clarify the current and continuing approach to assessment and listing by New York State.

Information: Copies of the Draft 2016 New York State Section 303(d) List and/or the Assessment and Listing Methodologies are available on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html. Copies of the List and Methodologies can also be obtained by contacting 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. An electronic version of these documents can also be requested by e-mail to: sarah.rickard@dec.ny.gov.

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to Sarah Rickard of the Bureau of Watershed Assessment and Management at the above address, or e-mailed to: sarah.rickard@dec.ny.gov

Contact: Sarah Rickard, 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: sarah.rickard@dec.ny.gov.


New York State Department of Environmental Conservation (NYS DEC) Announces 13th Annual Environmental Excellence Awards - Applications Accepted Through April 8, 2016

NYS DEC is now accepting applications for the 2016 NYS Environmental Excellence Awards program (Press Release: http://www.dec.ny.gov/press/104885.html). The 2016 Application Brochure and "Tips for Applicants" document are available on NYS DEC's website: http://www.dec.ny.gov/public/945.html.

The awards are given annually in recognition of outstanding, innovative and sustainable projects or programs and unique partnerships that contribute to a healthier environment and economy. Award winners are an elite group of committed organizations leading by example and serve as models of excellence within their industry and community. Benefits of receiving an award include statewide recognition and visibility for environmental leadership, and increased marketing, promotional and networking opportunities.

Eligible applicants include:

  • Businesses (i.e., small, medium and large businesses, manufacturing, power generation, retail, agri-business, hospitality, sports, etc.);
  • Not-for-profit organizations; education, health care and recreational facilities;
  • Individuals, and
  • Local, state, federal and Indian Nation government agencies

To be eligible, a project must be in New York State; result in measurable environmental and economic benefits beyond what could have been achieved by using standard techniques or complying with regulatory requirements; be initiated within the past three years and be fully operational for at least 12 months. Applicants must be in compliance with New York Environmental Conservation Law and all applicable permits and local laws.

Review criteria will include an assessment of: environmental benefits; economic benefits; innovative approach of the project; advancement of sustainability; how creative partnerships were created or strengthened by the project; demonstration of commitment, leadership and environmental excellence, demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements.

Examples of the kinds of projects NYS DEC is especially interested in showcasing include, but are not limited to, innovative projects that achieve significant environmental benefits through state-of-the-art:

  • Green infrastructure projects;
  • Initiatives to reduce greenhouse gas emissions;
  • Climate change adaptations;
  • Food waste reduction efforts; recycling and composting programs;
  • Initiatives to "green" businesses, farms, schools, recreational, sports, health care and hospitality facilities etc.;
  • Clean energy and renewable energy projects;
  • Creative natural resource/habitat protection or restoration efforts;
  • Energy efficiency improvements;
  • Education and training programs;
  • Manufacturing process improvements and "green tech" solutions; and
  • Creative urban forestry or farming practices, including programs to advance "farm to table."

Completed applications for the 2016 awards must be post marked no later than Friday, April 8, 2016. Award winners will be honored at an awards ceremony to be held in November 2016. At the awards ceremony, award winners will have the opportunity to showcase information about their innovative project or program.

For more information about the NYS Environmental Excellence Awards program, contact: Marna A. Posluszny, NYS DEC - Division of Environmental Permits and Pollution Prevention, 625 Broadway, Albany, NY 12233-1750, Phone (518) 402-9167, Fax (518) 402-9168, E-mail awards@dec.ny.gov.


Draft Amendment No. 1 to the Drinking Water State Revolving Fund (DWSRF) Federal Fiscal Year (FFY) 2016 Intended Use Plan

FFY 2016 DWSRF Intended Use Plan Amendments:

DWSRF#17552 Newport (V), Herkimer County - The project cost listed in the DWSRF Intended Use Plan (IUP) is increased by up to $200,000 to reflect additional funds that are required beyond what was provided for in the short term financing. This increase was due to actual project costs exceeding what was made available for the short term financing. The increased costs will be subject to repayment to the program as a part the long term financing.

DWSRF#17552 Canaseraga (V), Allegany County - The project cost listed in the DWSRF Intended Use Plan (IUP) is increased by up to $850,000 to reflect additional funds that are required beyond what was provided for in the short term financing. This increase is due to additional treatment that has been determined to be required for the new drinking water source wells that were developed as a part of the project. The increased costs will be subject to repayment to the program as a part the long term financing.

In addition to the above project specific amendments, the estimated federal capitalization grant for FFY 2016 is amended to $39,900,000. The Set-Aside amounts in Table 2 of the IUP will be adjusted to reflect this revised capitalization grant amount. This change is due to New York State Department of Health (NYS DOH) being notified of the federal DWSRF capitalization grant after the publication of the DWSRF IUP.

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. 1 of the FFY 2016 IUP.

Public Review and Comment on Draft Amendment No. 1

NYS DOH will accept comments on Amendment No. 1 to the FFY 2016 DWSRF IUP by mail, fax or email until 5:00 p.m. EST on Wednesday March 16, 2016.

Comments should be addressed to:

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Corning Tower Room 1135
Empire State Plaza
Albany, NY 12237
Fax: 518-402-7599
Or by email to: bpwsp@health.ny.gov. (If sent by email please reference "IUP Amendment Comment" in the subject line)


Notice of Acceptance of Draft SGEIS

Statewide - The New York State Public Service Commission, as lead agency, has accepted a Draft Environmental Supplemental Generic Impact Statement on the proposed Clean Energy Standard (CES). The Draft SGEIS is available from the New York State Public Service Commission's Albany office, 3 Empire State Plaza, Albany, NY 12223-1350 (Central Files, 14th Floor); the New York State Public Service Commission's New York City office, 90 Church Street, New York, NY 10007-2919 (Central Files, 4th Floor) and on line at: http://www.dps.state.ny.

The action involves the establishment of a Clean Energy Standard (CES), and including establishing within the CES a support mechanism to sustain the operations of nuclear energy electric generating facilities as major sources of emissions-free electricity. The project is located throughout the State of New York.

Contact: Christina Palermo, New York State Department of Public Service, 3 Empire State Plaza, Albany, NY 12223-12250, Phone: (518) 473-4635, E-mail: Christina.Palmero@dps.ny.gov.


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    Division of Environmental Permits
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