ENB - STATEWIDE NOTICES

Public Notice

Note: Below is a revised version of a Notice of Final Description of Eligible Project Categories that was published in the Environmental Notice Bulletin on March 3, 1999 and July 28, 1999. The only revision is to increase the duration of the program and thus the number of dry cleaners who will be eligible to receive funding under this program. Specifically, the last date that applications will be accepted is extended from December 31, 1999 until August 31, 2000.

ENVIRONMENTAL FACILITIES CORPORATION NOTICE OF FINAL DESCRIPTION OF ELIGIBLE PROJECT CATEGORIES FINANCIAL ASSISTANCE TO BUSINESS AIR PROGRAM DRY CLEANER PROGRAM

I. BACKGROUND, SCOPE AND APPLICABILITY

The New York State Environmental Facilities Corporation ("EFC") proposes to provide funding to the owners of certain eligible dry cleaning facilities to defray costs associated with new environmental protection requirements. This funding will be made pursuant to the newly created Dry Cleaner Program within the existing Financial Assistance to Business ("FAB") program that was created by the Clean Water/Clean Air Bond Act of 1996, and implementing regulations (21 NYCRR Part 2606).

The FAB Dry Cleaner Program is intended to help owners of dry cleaning facilities comply with new state regulations (6 NYCRR Part 232) which will result in reduced perchloroethylene ("PERC") emissions. Under the FAB Dry Cleaner Program, EFC will provide financial assistance for the acquisition of certain new or upgraded eligible dry cleaning equipment which complies with Part 232. (Requests for state assistance for cleaning equipment utilizing alternative technologies will be considered on a case-by-case basis).

The FAB Dry Cleaner Program only applies to: (1) dry cleaning facilities in existence prior to May 15, 1997; (2) which are located within New York State, but outside of New York City (i.e., Bronx, Kings, New York, Queens, and Richmond counties); and (3) which are "small businesses."

A "small business" is any business which is independently owned and operated, not dominant in its field, and employs not more than one hundred people.

II. PURPOSE OF THIS NOTICE

As required by the proposed Part 2606, this notice describes eligibility requirements for the FAB Dry Cleaner Program, the amount of funding available, the time period during which the EFC will accept applications for funding, and certain other eligibility criteria.

III. DEFINITIONS

Unless defined herein, terms used in this notice shall have the meanings set forth in Section 56-0101 of the environmental conservation law, or 21 NYCRR Part 2606. Terms used in this notice have the following meanings:

(1) Eligible dry cleaning equipment means new (i.e., never before purchased or leased) perchloroethylene dry cleaning equipment that has been certified by the New York State Department of Environmental Conservation pursuant to 6 NYCRR Part 232, or, if DEC has not yet certified the equipment, the vendor or manufacturer has given written assurance that the equipment will comply with 6 NYCRR Part 232. (Requests for state assistance for cleaning equipment utilizing alternative technologies will be considered on a case-by-case basis).

(2) Dry cleaning project means the acquisition (i.e., purchase or lease) and installation of eligible dry cleaning equipment for a single dry cleaning system at a dry cleaning facility in existence prior to May 15, 1997.

(3) Dry cleaning facility means a facility with one or more dry cleaning systems.

(4) Dry cleaning system means all equipment, devices, or apparatus associated with PERC dry cleaning operations, including, without limitation, dry cleaning equipment; filter or purification systems; waste holding, treatment, or disposal systems; PERC supply systems; dip tanks; pumps; gaskets; piping, ducting, fittings, valves, or flanges that convey PERC-contaminated air; and dry cleaning control systems.

(5) Fourth generation equipment means a primary closed-loop refrigerated dry cleaning machine that has a "secondary control system" (e.g., closed-loop refrigerated condenser with a drying sensor and an integral carbon adsorber).

(6) Mixed Use Facility means a dry cleaning facility sharing a common wall, floor or ceiling with a residence or business.

(7) PERC means a colorless volatile chlorinated hydrocarbon. PERC is also known as perchloroethylene, tetrachloroethylene, tetrachloroethene, and PCE. The chemical formula for PERC is C12C:CC12. The CAS registry number for PERC is 00127-18-4.

(8) Third generation equipment means a closed-loop dry cleaning machine equipped with a refrigerated condenser or other equivalent primary control system.

IV. DESCRIPTION OF ELIGIBLE PROJECTS

Under the FAB Dry Cleaner Program, the owner of a dry cleaning facility in existence prior to May 15, 1997 will be eligible for state assistance for the purchase or lease of eligible dry cleaning equipment which (i) is new fourth generation equipment, or (ii) will upgrade third generation equipment to fourth generation equipment.

V. DETERMINATION OF USEFUL LIFE

Useful life means the number of years the eligible dry cleaning equipment is expected to remain in service. For the purpose of the FAB Dry Cleaner Program, the useful life such eligible dry cleaning equipment has been deemed by EFC to be 7 (seven) years.

VI. AMOUNT OF FUNDING

EFC will make state assistance payments in the following amounts for the purchase or lease of the following eligible dry cleaning equipment:

(1) Five thousand dollars ($5,000) for the purchase or long-term lease of new fourth generation equipment with a capacity of 55 lbs or larger;

(2) Four thousand dollars ($4,000) for the purchase or long-term lease of new fourth generation equipment with a capacity of less than 55 lbs; and

(3) One thousand dollars ($1,000) for the purchase of equipment which will upgrade third generation equipment to fourth generation equipment.

(4) An additional five hundred dollars ($500) for an owner who undertakes (1), (2) or (3) above and is located in a mixed use facility.

VII. APPLICATION SCHEDULE

EFC will accept requests for state assistance under the FAB Dry Cleaner Program through August 31, 2000.

VIII. FUNDING SCHEDULE

To the extent monies are available, EFC will provide state assistance for the purchase or lease of eligible dry cleaning equipment in the categories listed in Section IV of this Notice, on a first-come, first-served, basis.

IX. ADDITIONAL REQUIREMENTS

(1) Project Limitations. Owners of multiple dry cleaning projects may submit requests for state assistance for up to five dry cleaning projects.

(2) Program Duration. Subject to the availability of funds and the other eligibility criteria set forth in this notice, the owner of a dry cleaning facility will be eligible for state assistance if the owner has purchased or leased eligible dry cleaning equipment after August 1, 1996, and before August 31, 2000.

(3) Application Deadline Requests for state assistance under the FAB Dry Cleaner Program will be accepted until August 31, 2000. The required "Request for State Assistance" form may be obtained by contacting EFC at the address specified under Section X of this notice, or by visiting EFC's website at www.nysefc.org.

(4) Application Procedure The procedures for administering the FAB Dry Cleaner Program, including the submission, review and approval of requests for state assistance, will be governed by 21 NYCRR Part 2606.

(5) Compliance Reporting As part of its request for state assistance, the owner of a dry cleaning facility must submit to EFC a copy of the most recent Part 232 Dry Cleaning Compliance Inspection Report covering the dry cleaning facility, if any, and any subsequent compliance inspection reports.

(6) Proof of Eligible Dry Cleaning Equipment If the eligible dry cleaning equipment has not yet been certified by DEC, the owner of the dry cleaning facility must submit to EFC a copy of the manufacturer's or vendor's written assurance that such equipment will comply with 6 NYCRR Part 232. The manufacturer's or vendor's written assurance will be required for a request for state assistance to be complete.

(7) Proof of Insurance As part of its request for state assistance, the owner of a dry cleaning facility who has purchased or leased a new fourth generation machine must submit a certificate evidencing that EFC is named as a loss payee on the owner's property damage liability insurance policy.

X. INFORMATION AVAILABILITY

Any person seeking additional information or application material regarding this program should contact EFC at:

New York State Environmental Facilities Corporation
Financial Assistance to Business Program
Attention: Laurie A. Allen, Program Manager
50 Wolf Road
Albany, New York 12205-260
Telephone (800) 200-2200
Fax (518) 457-0742

Draft Policy for Comment

DRAFT MARINE COMMERCIAL LICENSE SUSPENSION AND REVOCATION POLICY - REQUEST FOR PUBLIC COMMENT

Statewide - The New York State Department of Environmental Conservation (NYSDEC) is seeking public comment on a draft marine commercial license suspension and revocation policy. The purpose of this policy is to provide a framework of penalties that may be levied against any person who violates the Environmental Conservation Law. This policy will allow the suspension or revocation of a marine commercial license held by a person who violates the Environmental Conservation Law. There is a provision for a hearing in case a person wishes to dispute the penalty.

The draft policy is in two parts. Part 1 describes the policy and its procedures. It is available on the Internet at http:/www.dec.state.ny.us/website/dfwmr/marine/policy.htm. Part 2 is the table of revocation standards. It is also available on the Internet at http:/www.dec.state.ny.us/website/dfwmr/marine/revocation.pdf (94KB file, readable with Adobe Acrobat reader). Paper copies are available from Captain Lawrence Kelly at the address given below.

Those who wish to comment on this draft policy should submit written comments to the department at the address below by January 31, 2000:

Captain Lawrence W. Kelly
New York State Department of Environmental Conservation
Bureau of Marine Resources
205 North Belle Mead Road
East Setauket, New York 11733

Notice of Availability

Statewide - A notice of availability for the document entitled: Total Maximum Daily Load Analysis (TMDL) to Achieve Water Quality Standards For Dissolved Oxygen in Long Island Sound was originally posted in the ENB on November 24 as Region 1 and 2 notices, and on December 1 as a Statewide notice. In response to a number of requests, NYSDEC has extended the close of the comment period for the proposal, from January 9, 2000 to January 28, 2000.

The proposed TMDL/WLA/LA information is included in a joint Connecticut Department of Environmental Protection (CTDEP) / NYSDEC document that is available at the following website: www.dec.state.ny.us/website/dow/index.html or by contacting the NYSDEC Bureau of Watershed Management, by phone at 518-457-8961 or mail at Room 398, 50 Wolf Rd., Albany, NY 12233-3508.

Comments will be considered in arriving at final TMDL decisions which will be submitted to USEPA-Region 2 for review and approval. Please submit comments to:

Mr. Richard E. Draper, P.E.
Bureau of Watershed Management
NYSDEC
50 Wolf Rd
. Albany, NY 12233-3508

Intended Use Plan Update

CLEAN WATER STATE REVOLVING FUND (CWSRF) FOR WATER POLLUTION CONTROL - - FIRST QUARTER UPDATE OF THE FFY 2000 INTENDED USE PLAN (IUP)

Statewide - The 2000 IUP for the CWSRF was issued in September 1999. Since that time, municipalities have requested funding for additional projects. Municipal water quality protection projects must be included in the IUP to receive low interest rate loans.

The New York State Environmental Facilities Corporation (EFC) and the Department of Environmental Conservation (DEC) have prepared the First Quarter Update of the 2000 CWSRF Intended Use Plan. The First Quarter Update will provide interested parties with new and updated information regarding projects listed in the 2000 IUP Annual and Multi-Year Project Priority Lists (PPL).

Information updated in the priority lists includes: new projects added, projects that will be ready for financing during Federal Fiscal Year (FFY) 2000, projects requiring additional funds, revised project scores, and miscellaneous changes. Notations have been added to the lists to facilitate identification of new projects and project changes. Projects added to the Annual PPL are those expected to qualify for and receive long-term financing prior to September 30, 2000.

The Multi-Year PPL is an inventory of all projects for which municipalities have expressed interest in CWSRF financing. New projects are added to the Multi-Year PPL as they are identified by municipalities. This facilitates applications for short-term financing as a municipality could immediately qualify for a short-term loan, provided the project meets environmental significance criteria, has a project score above any long-term funding line in its project category, the municipality has an approved technical planning report, and has completed the environmental review process for CWSRF projects. There is no priority list for short-term loans, which are processed on a first-come, first-served basis upon receipt of a complete application up to the amount allocated for short-term loans in the IUP.

Comments on the First Quarter Update will be accepted by fax or mail until close of business, Friday, January 14, 2000. A final First Quarter Update will be published only if changes are made as a result of public comment. Comments can be addressed by fax at (518) 485-8494 or by mail to Mr. David Morseman, Program Services Representative II, Division of Program Management, New York State Environmental Facilities Corporation, 50 Wolf Road, Room 502, Albany, New York 12205-2603.

If you would like a copy of the First Quarter Update, or additional information on the CWSRF program and how to list a project on the IUP, please contact Mr. Morseman at EFC's toll-free information line (800) 882-9721 (within NYS only) or (518) 457-3833. Written requests for CWSRF program information should be addressed to Mr. Morseman at the above address.

Draft Enforcement Directive

Statewide - - The New York State Department of Environmental Conservation (NYSDEC) is making available for public comment a Draft Enforcement Directive entitled Management of Soils Contaminated with Coal Tar from Former Manufactured Gas Plants. The main purpose of this directive is to facilitate the permanent treatment of soil contaminated with coal tar from the sites of former MGPs. This guidance outlines the criteria wherein soils that have been contaminated with coal tar waste from former manufactured gas plants (MGPs) may be remediated at non-hazardous thermal destruction facilities. This Enforcement Directive applies to former MGP sites being remediated under the oversight of the DEC, either through a Consent Order or a Voluntary Cleanup Agreement, in instances where soil exhibiting the D018 hazardous waste characteristic will be thermally treated in either a unit to which the Bevill Exclusion applies (such as a combustion boiler) or in a thermal desorption system. The Division of Environmental Remediation has worked closely with the Divisions of Environmental Enforcement, and Solid and Hazardous Materials to developed this enforcement directive. This directive implements a policy set by USEPA which is currently being used by several other states. Copies of the Draft Enforcement Directive are available from Eric Obrecht, Division of Environmental Remediation, NYSDEC, 50 Wolf Road, Albany, NY 12233-7010 or by email at erobrech@gw.dec.state.ny.us

Comments on the draft Enforcement Directive must be received within thirty days from this publication date, and sent to: Eric R. Obrecht, Technology Section, Division of Environmental Remediation, NYSDEC, 50 Wolf Road, Albany, NY 12233-7010 or by email at erobrech@gw.dec.state.ny.us.

DEC Rulemaking

Statewide - Pursuant to Section 3-0306 of the Environmental Conservation Law or notice requirements of 202 (1) of the State Administrative Procedure Act, or both, the Department of Environmental Conservation gives notice of the following:

DEC proposes an amendment to 6 NYCRR Sections 617.2(o), 617.12(b)(6) and 617.12(c)(1); 621(h); and 624.2(o) to give the correct location and format for the posting of required SEQR, Uniform Procedures applications completeness, and public hearing notices in the Environmental Notice Bulletin (ENB). The ENB will now be published electronically. Also, this amendment to Section 617.12(b)(6) will update the name of the Division of Environmental Permits.

Contact: Jack A. Nasca, NYSDEC Division of Environmental Permits, 50 Wolf Road, Albany NY 12233-1750; (518) 457-5958; janasca@gw.dec.state.ny.us