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ENB - Statewide Notices 7/11/2018

Public Notice

This notice announces the availability of the Draft 2018 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 August 6, 2018.

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 NYSDEC to determine the degree of use support, and the Listing Methodology which outlines the criteria NYSDEC 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 2018 New York State Section 303(d) List and/or the Assessment and Listing Methodologies are available on the NYSDEC website at: http://www.dec.ny.gov/chemical/31290.html. Copies of the List and Methodologies can also be obtained by contacting the NYSDEC 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 email to 4pwlinfo@dec.ny.gov.

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to the Bureau of Watershed Assessment and Management at the above address, or emailed to 4pwlinfo@dec.ny.gov


Request for Applications for Water Quality Grant Programs

Applications are being accepted for the Water Quality Improvement Project (WQIP) grant program and Engineering Planning Grant (EPG) program until July 27, 2018 at 4:00 p.m. Applications must be submitted through the Regional Economic Development Council Consolidated Funding Application (CFA). Pre-application workshops will be held around the state this summer to explain the CFA process and to describe individual grant programs. See the CFA Process Guide for more information, including a schedule of workshops.

The WQIP program has $79 million available for wastewater treatment, non-agricultural nonpoint source, land acquisition, salt storage, aquatic habitat restoration, and Municipal Separate Storm Sewer System projects. The EPG program has up to $3 million available for the initial planning of eligible Clean Water State Revolving Fund water quality projects. Refer to the WQIP and EPG webpages above for details about each program, including eligible projects, eligible applicants, match requirements, and Grants Gateway registration and pre-qualification requirements.

Questions about WQIP should be emailed to user.water@dec.ny.gov; questions about EPG should be emailed to cfawater@dec.ny.gov. All questions must be submitted by July 13, 2018.


Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-f, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC has filed a Notice of Emergency Adoption and Proposed Rulemaking to amend 6 NYCRR Part 40 pertaining to recreational black sea bass fishing limits.

Specifically, the proposed rule will open the fishing season on June 23. The possession limit will remain 3 fish from June 23 - August 31. The maximum possession limit will be 7 fish from September 1 - December 31. The minimum size limit of 15 inches remains unchanged.

This proposed rule is in response to changes required by the Atlantic States Marine Fisheries Commission's Addendum XXX to the fishery management plan for black sea bass and is necessary in order for New York State to remain in compliance.

The emergency rule went into effect on June 20 and will remain in effect for 90 days.

This notice will be published in issue 28 of the State Register, dated July 11, 2018.

For further information, please contact:

Rachel Sysak
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0469
E-mail: FW.Marine@dec.ny.gov


Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-d, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC has filed a Notice of Emergency Adoption to amend 6 NYCRR Part 40 pertaining to recreational and commercial tautog fishing. This rulemaking is the first re-adoption of the Notice of Emergency Adoption and Proposed Rule Making filed with DOS on March 30, 2018. The provisions of this rule making reduced the harvest of tautog in New York waters. Reductions in tautog harvest were achieved by the following measures:

  1. Defined the boundaries for the new Long Island Sound and New York Bight tautog management regions.
  2. Recreational season and possession limits.
    1. Changed the open season for recreational tautog fishing for the Long Island Sound management region to April 1 - April 30 with a possession limit of 2 fish and October 11 - December 9 with a possession limit of 3 fish.
    2. Changed the open season for recreational tautog fishing for the New York Bight management region to April 1 - April 30 with a possession limit of 2 fish and October 15 - December 22 with a possession limit of 4 fish.
  3. Commercial season.
    1. Changed the open season for commercial tautog fishing for the Long Island Sound management region to May 7 - July 31 and September 1 - November 23.
    2. Changed the open season for commercial tautog fishing for the New York Bight management region to April 16 - January 25.

This rule is in compliance with the Atlantic State Marine Fisheries Commission's Fishery Management Plan for Tautog.

This notice will be published in issue 28 of the State Register, dated July 11, 2018.

For further information please contact:

John Maniscalco
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0437
E-mail: FW.Marine@dec.ny.gov


Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, 13-0340-b and 13-0340-e, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC has filed a Notice of Emergency Adoption to amend 6 NYCRR Part 40 pertaining to recreational scup and summer flounder fishing limits. This rulemaking is the first re-adoption of the Notice of Emergency Adoption and Proposed Rule Making filed with DOS on March 30, 2018. The provisions of this rule making liberalized the harvest restrictions of scup and summer flounder in New York. Liberalizations were achieved through changes to the scup minimum size limit, and through a season extension and increase to the possession limit for summer flounder:

  1. Recreational Scup: The proposed rule lowers the minimum size limit from 10 to 9 inches, and increases the party and charter boat receipt requirement from 20 to 30 fish from September 1 - October 31.
  2. Recreational Summer Flounder: The proposed rule maintains the 19-inch size limit from 2017, but increases the possession limit to 4 fish, and extends the fishing season from May 4 - September 30.

This rule is in compliance with the Atlantic State Marine Fisheries Commission's Fishery Management Plan for Scup and Summer Flounder.

This notice will be published in issue 28 of the State Register, dated July 11, 2018.

For further information please contact:

John Maniscalco
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Telephone: (631) 444-0437
E-mail: FW.Marine@dec.ny.gov


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 2019

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) 2019 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 to finance water quality and drinking water related projects.

The Draft IUPs include lists of projects that could receive financing between October 1, 2018 and September 30, 2019, the next IUP financing period.

NYS EFC anticipates that it will be able to provide zero-percent interest rate or low-cost financing for $1.06 billion of project costs for the CWSRF during FFY 2019. This includes an estimated federal capitalization grant amount of $120 million.

NYS DOH will receive an estimated $45 million DWSRF federal capitalization grant of which a maximum of $9 million may be made available as grants for certain eligible projects.

The Hardship Financing and Grant Eligibility Policy (Hardship Policy) for the CWSRF has been modified and is available on NYS EFC's website for review and comment. The modified Hardship Policy will be effective concurrently with the IUP, on October 1, 2018.

Eligible Projects:

CWSRF - Municipal water pollution control projects eligible for CWSRF 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 subsidized and market-rate financing at preferred rates 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 subsidized financing. Municipally-owned water systems that are not eligible for 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 Monday, August 27, 2018 as provided below. For assistance with the IUP listing process, please contact NYS EFC.

For CWSRF projects, applicants must use the Project Listing and Update System (PLUS) available at https://plus.efc.ny.gov/plus/. An approvable engineering report or technical report, and a Smart Growth Assessment Form must be provided to EFC no later than Monday, August 27, 2018 for the project to appear on the Annual List of the Final CWSRF IUP.

For DWSRF projects, applicants must provide a DWSRF Listing Form and an engineering report or plans and specifications to DOH by Monday, August 27, 2018, 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.

Webinar:

NYS EFC and NYS DOH will host a webinar to review the Draft 2019 CWSRF and DWSRF IUPs on Wednesday, August 1, 2018 at 10:00 a.m. This event will present an overview of the 2019 CWSRF and DWSRF IUPs, as well as provide an opportunity to answer participant questions. Log-on instructions for this webinar will be posted on NYS EFC's website at www.efc.ny.gov.

Public Meeting & Hearing:

A joint public meeting and hearing to review the Draft 2019 CWSRF IUP and DWSRF IUP and to accept public comments on the IUPs will be held on Thursday, August 9, 2018 at 2:00 p.m. at NYSDEC, 625 Broadway, Public Assembly Room 129, Albany, NY 12207. 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. Monday, August 27, 2018 to:

CWSRF IUP -
Timothy P. Burns
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, NY 12207-2997
FAX: (518) 402-6954
E-mail: iupcomments@efc.ny.gov

DWSRF IUP -
Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Rm. 1135
Albany, NY 12237
FAX: (518) 402-7659
E-mail: bpwsp@health.ny.gov (if sent by email please put "Draft IUP comment" in the subject line)

NYS EFC & NYS DOH Contacts:

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

CWSRF:
Dwight Brown
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-7396
FAX: (518) 402-6954
E-mail: dwight.brown@efc.ny.gov
NYS EFC website: www.efc.ny.gov

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


Positive Declaration

Statewide - The New York State Department of Public Service (NYS DPS), as lead agency, has determined that the proposed Statewide - The New York State Department of Public Service (NYS DPS), may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared.

On June 21, 2018, New York State Energy Research and Development Agency (NYSERDA) and the New York State Department of Public Service (NYS DPS) filed the "New York State Energy Storage Roadmap and NYS DPS/NYSERDA Staff Recommendations" (the Roadmap), which outlines the market-supported policy, regulatory, and programmatic actions necessary to achieve New York State's near-term energy storage installment goals and recommendations for the Commission to consider when designing the energy storage deployment program per PSL §74. The Roadmap specifically supports New York State's initiative to deploy 1,500 MW of energy storage by 2025 and a secondary energy storage deployment target for 2030 pursuant to PSL §74. This Generic Environmental Impact Statement (GEIS), prepared pursuant to the New York State Environmental Quality Review Act (SEQRA), analyzes the potential environmental impacts associated with the Roadmap. While the Commission will determine the ultimate capacity target within the context of the Roadmap recommendations, based on the available modeling, this GEIS considers the impacts of energy storage levels up to 3,633 MW of incremental energy storage capacity. For certain components of the evaluation, and to reasonably capture the potential environmental impacts of 1,500 MW to 3,633 MW of incremental energy storage capacity, this GEIS considers one modeling scenario that yields 2,795MW of incremental storage capacity by 2030. This scenario serves as an illustrative example of the full range of potential impacts associated with a 2030 target for energy storage deployment up to 3,600 MW of installed energy storage capacity.

The project is located throughout the State of New York.

Contact: John Garvey, NYS DPS, 90 Church Street, New York, NY 10007; Phone: (212) 417-2200, Fax: (212) 473-5204, E-mail: john.garvey@dps.ny.gov.


Notice of Acceptance of Draft GEIS

Statewide - The New York State Department of Public Service (NYS DPS), as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Energy Storage Roadmap. Comments on the Draft GEIS will accepted until August 10, 2018. The Draft EIS is available from Three Empire State Plaza, Albany, NY 12223-1350; NYS DPS, 90 Church Street, New York, NY 10007 and on line at: http://www.dps.ny.gov/ (Case No. 18-E-0130).

On June 21, 2018, New York State Energy Research and Development Agency (NYSERDA) and the New York State Department of Public Service (NYS DPS) filed the "New York State Energy Storage Roadmap and NYS DPS/NYSERDA Staff Recommendations" (the Roadmap), which outlines the market-supported policy, regulatory, and programmatic actions necessary to achieve New York State's near-term energy storage installment goals and recommendations for the Commission to consider when designing the energy storage deployment program per PSL §74. The Roadmap specifically supports New York State's initiative to deploy 1,500 MW of energy storage by 2025 and a secondary energy storage deployment target for 2030 pursuant to PSL §74. This Generic Environmental Impact Statement (GEIS), prepared pursuant to the New York State Environmental Quality Review Act (SEQRA), analyzes the potential environmental impacts associated with the Roadmap. While the Commission will determine the ultimate capacity target within the context of the Roadmap recommendations, based on the available modeling, this GEIS considers the impacts of energy storage levels up to 3,633 MW of incremental energy storage capacity. For certain components of the evaluation, and to reasonably capture the potential environmental impacts of 1,500 MW to 3,633 MW of incremental energy storage capacity, this GEIS considers one modeling scenario that yields 2,795MW of incremental storage capacity by 2030. This scenario serves as an illustrative example of the full range of potential impacts associated with a 2030 target for energy storage deployment up to 3,600 MW of installed energy storage capacity.

The project is located throughout the State of New York.

Contact: John Garvey, NYS DPS, 90 Church Street, New York, NY 10007; Phone: (212) 417-2200, Fax: (212) 473-5204, E-mail: john.garvey@dps.ny.gov.


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