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ENB - Statewide Notices 8/23/2017

Public Notice

Notice of Intent and Annual Nutrient Management Plan for the Concentrated Animal Feeding Operation(s)

Pursuant to Environmental Conservation Law (ECL) Article 17, Titles 7 and 8, ECL Article 70, the Concentrated Animal Feeding Operation(s) listed below have been approved for coverage under the State Pollutant Discharge Elimination System CWA General Permit GP-0-16-002. The availability of the NOI(s) and ANMP(s) for the CAFO(s) were publicly noticed in the Environmental Notice Bulletin on 06/07/2017. The CAFO(s) must comply with all of the limits, conditions, and requirements contained in General Permit GP-0-16-002, including the terms contained in their ANMP.

Clinton County NYS DEC - Region 5

Lamberton Farms
317 Davison Road
Moores Forkes, NY 12959

Contact: Doug Ashline, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8086, E-mail: douglas.ashline@dec.ny.gov.


Data Solicitation for 2018 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 the United States Environmental Protection Agency (US EPA) by April 1, 2018. 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 2018 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. The 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 2018 CWA Section 303(d) List, data and information must be received by September 29, 2017. 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 US EPA by April 1, 2018.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet (PDF 350 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, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (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 2018 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, Bureau of Watershed Assessment and Management, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@gw.dec.state.ny.us.


Statewide Notice

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

Draft Intended Use Plans (IUPs) for Federal Fiscal Year 2018

The New York State Environmental Facilities Corporation (EFC), the Department of Environmental Conservation (DEC) and the Department of Health (DOH) are pleased to announce the availability of the Draft Federal Fiscal Year (FFY) 2018 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 NYS to finance water quality and drinking water related projects.

EFC anticipates that it will be able to provide zero-percent interest rate or low-cost financing for $640.5million of project costs for the CWSRF during FFY 2017. This includes an estimated federal capitalization grant amount of $100 million.

The DOH will receive an estimated $39 million DWSRF federal capitalization grant of which a maximum of $7.8 million may be made available as grants for eligible hardship projects.

The IUPs include lists of projects that could receive reduced-interest subsidized and market-rate financing between October 1, 2017 and September 30, 2018, 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 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 market-rate 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; 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 market-rate financing include, but are not limited to: green infrastructure; water quality aspects of landfills such as landfill leachate collection, storage and treatment, and landfill capping; stormwater management facilities and equipment; wetland and waterbody restoration; deficient or failing decentralized septic systems; or other non-point source projects to maintain, protect or improve water quality under Section 319.

DWSRF - Municipally-owned and privately-owned community water systems and non-profit, non-community water systems may be eligible for DWSRF reduced interest subsidized financing. Municipally-owned water systems that are not eligible for reduced interest subsidized financing are eligible for market rate financing at preferred rates. Projects eligible for DWSRF financing include: construction, rehabilitation, and upgrading of water treatment plants; transmission and distribution mains; storage facilities; pump stations; rehabilitation or development of new drinking water sources; consolidation of water supply services; and capital investments to improve security of drinking water systems.

Intended Use Plans & Project Listing:

Eligible entities interested in financing one or more projects not 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 Tuesday, October 10, 2017 as provided below. For assistance with the IUP listing process, please contact EFC.

For CWSRF projects, applicants must use the Project Listing and Update System (PLUS) available at https://plus.efc.ny.gov/plus/. The following information must be provided to EFC no later than Tuesday, October 10, 2017 for the project to appear on the Annual List of the Final CWSRF IUP: an approvable engineering report or technical report, and a Smart Growth Assessment Form.

For DWSRF projects, applicants must provide a DWSRF Listing Form and an engineering report or plans and specifications to the DOH by Tuesday, October 10, 2017, or have completed construction, to be included on the Annual List in the Final 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 and DWSRF IUPs will also be available on the EFC website at www.efc.ny.gov.

Public Meeting & Hearing:

A joint public meeting and hearing to review the Draft 2018 CWSRF IUP and DWSRF IUP and to accept public comments on the IUPs will be held on Tuesday, September 26, 2017 at 3:00 PM 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. The public hearing has been scheduled at a place reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within a reasonable time prior to the scheduled public hearing. The written request must be addressed to the EFC representative designated below.

Due Date for Comments:

Written comments on the draft IUPs must be submitted by 5:00 p.m. October 10, 2017.

CWSRF Program - submit comments to:
Mr. Timothy P. Burns, P.E., Director
Division of Engineering & Program Management
New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
FAX: (518) 402-6954
E-mail: iupcomments@efc.ny.gov

CWSRF Program - submit comments to:
Mr. Michael Montysko, P.E.
Design Section Chief
Bureau of Water Supply Protection
New York State Department of Health
Empire State Plaza
Corning Tower Rm. 1135
Albany, New York 12237
FAX: (518) 402-7659
E-mail: bpwsp@health.ny.gov
(if sent by email put Draft IUP comment in the subject line)

Webinar:

EFC and DOH will host a webinar to review the Draft 2017 CWSRF and DWSRF IUPs on Wednesday, September 20, 2017 at 10:00 AM. This event will present an overview of the 2018 CWSRF and DWSRF IUPs, as well as provide an opportunity to answer questions. Log-on instructions for this webinar will be posted on EFC's website at www.efc.ny.gov.

EFC & DOH Contacts:

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

CWSRF: Mr. Dwight Brown
SRF Program Services Coordinator
Division of Engineering & Program Management
New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
(518) 402-7396
FAX: (518) 402-6954
E-mail: dwight.brown@efc.ny.gov
EFC website: www.efc.ny.gov

DWSRF: Mr. Michael Montysko, P.E.,
Chief of Design, Bureau of Water Supply Protection
New York State Department of Health
Empire State Plaza
Corning Tower Rm. 1135
Albany, New York 12237
(800) 458-1158 ext. 27650 or (518) 402-7650
FAX: (518) 402-7599
E-mail: michael.montysko@health.ny.gov


Notice of Acceptance of Final Generic EIS

Statewide- The New York State Department of Environmental Conservation, as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed 6 NYCRR Part 360 Rulemaking.

This rulemaking is a comprehensive revision to the State's existing solid waste management regulations and includes significant reorganization of the existing Part 360 into Parts 360, 361, 362, 363, 364, 365, 366, and 369. Due to significant reorganization of the existing Part 360 into the series format, minor revisions addressing renumbering were made to existing Parts 370, 371, 372, 373, and 374 to ensure appropriate cross references. Additionally, revisions to existing Part 360 include the removal of existing Subpart 360-14, the regulatory criteria for used oil. The regulatory criteria for used oil will now be contained solely in Subpart 374-2, Standards for the Management of Used Oil. However, permits for used oil handling facilities will still be issued pursuant to Part 360. Revisions to Subpart 374-2 will be included in this rulemaking to address this change. Used oil collection center requirements are amended to more closely parallel federal requirements. This rulemaking will also include specific amendments to 6 NYCRR Subpart 373-4, Facility Standards for the Collection of Household Hazardous Waste and Hazardous Waste from Conditionally Exempt Small Quantity Generators. Currently, household hazardous waste collection facilities and events are regulated as Part 360 non-specific facilities, using the requirements of 6 NYCRR Subpart 373-4, though no permits are issued under Subpart 373-4. Under this action, existing Subpart 373-4 is proposed to be repealed and the requirements of that Subpart are proposed to be incorporated into the new Subpart 362-4. In developing the revisions to the Part 360, Part 364 and Part 369 regulations, the Department has evaluated and identified solid waste management facilities, activities, and waste streams that are not clearly addressed in the current regulations. These include navigational dredged materials, oil and gas production brine, excavated fill material from construction projects, end-of-life vehicle dismantlers, mulch, used cooking oil, and infectious wastes. The revisions have also relaxed or eliminated Part 360 requirements that have proven to be burdensome to the regulated community and have provided little or no incremental benefit of environmental protection, such as landfill siting study requirements, certain outdated construction quality assurance/construction quality control testing requirements, and the extent of groundwater monitoring. For other facilities, the applicable technical criteria have been updated to current standards.

The Department has not identified any significant adverse environmental impacts that may result from adoption of the proposed regulations. Draft versions of the proposed regulations have been subject to public review and comment in 2016 and 2017. Although comments received helped the Department to refine the final regulations so that they are more clearly understood by the regulated community and the general public, the comments did not reveal the potential for significant negative environmental impacts from the rulemaking. To the contrary, the Department believes the revised regulations will improve the management of solid waste in New York and therefore have a positive impact on the environment.

The Department has chosen to use the GEIS format, as it has done in the past, as the means to describe the changes to the regulations, facilitate a public discussion as to the impacts of each of the changes and to examine alternatives. Through the GEIS, the Department: 1) discusses the objectives and the rationale for the proposed amendments; 2) presents why alternative measures were not considered; and 3) provides the maximum opportunity for public participation.

In the two recent iterations of draft revised Part 360 express terms that have been published, the Department has prepared two assessments of public comments. Through these comments, Department has taken a hard look at relevant areas of concern that have been raised and has adjusted the regulations, if appropriate. An example of an area of the regulations that resulted in much comment, especially the urban areas of the state, is the regulation of fill materials from construction projects. Comments received from both iterations of the regulations led the Department to clarify proposed Section 360.13. The final rules make clearer how excess fill material may be reused at an off site location, and specifies when testing of fill material is required. With the benefit of public comment, the final rules provide the regulated community with a clear path to reuse of fill material from construction sites and at the same time, reduce the potential for contaminated fill material to be improperly disposed.

As stated above, the proposed rules are a re-promulgation of existing solid waste management regulations, albeit in a new format. The proposed rules included a number of enhancements to the existing regulatory program that are designed to ensure that regulated facilities do not have a significant impact on the environment. Enhancements to the regulations include pile size and height restrictions on mulch processing facilities, the requirement for certain facilities to install radiation detectors and tracking of construction and demolition debris by waste transporters. The regulations also expand the types of beneficial use determinations for select types of construction and demolition debris, which will provide environmentally safe avenues of reuse of certain materials.

The project location is Statewide.

A hard copy of the Final GEIS is available at the following location: 625 Broadway, Albany, NY 12233. The online version of the Final GEIS is available at the following publically accessible web site: http://www.dec.ny.gov/regulations/propregulations.html.

Contact: Melissa Treers, NYS DEC, 625 Broadway, Albany, NY 12233; Phone: (518)402-8678 E-mail: melissa.treers@dec.ny.gov.


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