Statewide - The New York State Department of Environmental Conservation ("NYSDEC") is making available for public comment the Division of Mineral Resources' Draft Technical Guidance Memorandum ("TGM") No. MN 00-1, entitled Documentation for Oil, Gas and Solution Mining Law Well Location Plats. The primary purpose of this TGM is to establish technical guidance for permit applications under the Oil, Gas and Solution Mining Law (ECL Article 23) and regulations (6NYCRR Part 550 to 559) with respect to well location plats. The proposed effective date of this TGM is October 1, 2000. The Draft TGM is shown in its entirety below.
Comments on the Draft TGM must be received within 30 days from this publication date, and sent to: Ms. Kathleen Sanford, Chief, Permits Section, Division of Mineral Resources, NYSDEC, 50 Wolf Road, Albany, NY 12233-6500.
New York State Department of Environmental Conservation
Division of Mineral Resources
Draft Technical Guidance Memorandum ("TGM") No. MN 00-1
Documentation for Oil, Gas and Solution Mining Law Well Location Plats
The purpose of this memorandum is to establish technical guidance for permit applications under the Oil, Gas and Solution Mining Law (ECL Article 23) and regulations (6NYCRR Part 550 to 559) with respect to well location plats. As a result of changes in surveying and mapping technology and procedures, additional information will be required with well location plats submitted to the Department as of October 1, 2000.
Improvements in technology have resulted in changes in surveying and mapping standards, techniques and procedures. These include adoption of new geodetic reference systems, such as the North American Datum of 1983 ("NAD 83"), and the use of global positioning system ("GPS") technology. These changes can directly affect the accuracy and utility of plats submitted to the Department if relevant information is not clearly indicated and can also affect regulatory well spacing and setback compliance, geologic analysis and ease of locating wells in the field at a future date.
Various government and private organizations, including the Department of Environmental Conservation, are adopting NAD 83 as an internal standard. Therefore, it is necessary that the datum and methods used to prepare well location plats be clearly and accurately documented on the plats submitted to the Department. Licensed land surveyors and licensed civil engineers, whose certification (as to correctness) is required by regulation for plats submitted under the Oil, Gas and Solution Mining Law, should already be familiar with these methods.
Effective October 1, 2000, all well location plats submitted to the Department under the Oil, Gas and Solution Mining Law and regulations must include the following additional information:
Well location plats which do not include this information will be returned to the applicant. The Department will hold applications as incomplete until the required information is provided.
Division of Mineral Resources regional office staff will be responsible for ensuring compliance with this technical guidance memorandum.
The New York State Department of Environmental Conservation (NYSDEC) has proposed a Program Policy Memorandum (PPM) providing guidance for sound level and characteristic evaluation techniques, noise impact assessment criteria, and noise avoidance/mitigation methods. The guidance is to be used for noise impact analysis and mitigation proposal evaluation by Department staff reviewing actions under various Department permitting authorities and under the State Environmental Quality Review Act. These methods can also serve as a reference to applicants preparing environmental assessments in support of an application for a permit.
The guidance establishes a consistent and effective department approach to noise impact evaluation reducing the potential for noise impacts to be overlooked or improperly evaluated. As guidance, the procedures outlined are flexible and allow the department to consider various environmental settings in which a permitted activity might be located. Mitigative techniques and best management practices are suggested in the guidance as methods to lower the sound pressure levels emanating from a permitted activity or facility. The guidance illustrates three levels of noise evaluation and assists staff in determining when and where noise might pose a significant environmental effect that would require the preparation of a noise analysis.
This guidance does not supercede any existing regulations, statutes or local ordinances that address the environmental impacts of noise nor does the guidance establish any standards.
Copies of this proposed PPM may be obtained by contacting the person indicated below. The PPM is also available on the department's website at: http://www.dec.state.ny.us/website/dpae/anncom.html.
Contact: Charles B. Gardner, New York State Department of Environmental Conservation, Division of Environmental Permits, Room 538, 50 Wolf Road, Albany, NY 12233-1750, Telephone (518) 457-7723, Email firstname.lastname@example.org
Applications are now available for the New York State Seventh Annual Governor's Award for Pollution Prevention. The awards program was established to recognize pollution prevention efforts by NYS organizations. Applicants can compete in one of the two following categories. 1) Facilities generating waste and pollution: small (100 or fewer employees), mid-size (more than 100 and fewer than 500 employees), or large (more than 500 employees) industrial, commercial or institutional facilities; federal, state and local governments; and educational institutions, and 2) technical assistance providers: environmental, community and civic organizations; trade associations or other business/industry groups; federal, state and local governments, and educational institutions; and other public or private entities. Nominations for awards will be made to Governor Pataki by Commissioner Cahill of the Department of Environmental Conservation based on recommendations from a selection committee.
Criteria to be considered for the applicants include: description of pollution prevention project, program or technology; waste volume/toxicity reduction; environmental, economic and other benefits; commitment and leadership; relevance to others; and community involvement.
IMPORTANT NOTICE: The awards will be presented at the Pollution Prevention Conference which will be held September 19-21,2000 at the Radisson-The Hotel Syracuse, Syracuse, New York. Applications are due June 30, 2000, and are available through the DEC's website: www.dec.state.ny.us/website/ppu.
Anyone interested in obtaining more information regarding the application and criteria for the awards should contact Mr. Carlos Montes at the Department of Environmental Conservation, Pollution Prevention Unit, 50 Wolf Rd., Room 298, Albany, NY 12233-8010, telephone (518) 457-0774, Fax 518-457-2570.
The New York State Department of Environmental Conservation (DEC) will conduct four free pollution prevention workshops across the state for the metal finishers industry sector, according to Mary Werner, Acting Director of DEC's Pollution Prevention Unit.
These workshops are designed to provide compliance guidance and technical assistance to metal finishers. The workshops, supported by a grant received from the U. S. Environmental Protection Agency, are open to industry representatives, consultants, municipal employees or anyone who would like to benefit from this training.
These workshops are part of DEC's growing emphasis on pollution prevention as the most effective and least expensive way to protect our environment," said Werner. "DEC workshops have been very successful at helping industries increase the efficiency and quality of operations through waste reduction and improved environmental compliance."
Workshop participants will receive the following informational materials prepared by the DEC's Pollution Prevention Unit:
The half-day workshops will be held at the following locations:
All sessions will run from 8:00 a.m. to 12:00 p.m., with registration beginning at 7:45 a.m. Interested individuals and groups are asked to pre-register by contacting Dottie O'Hare of DEC's Pollution Prevention Unit at (518) 457-2553 or fax (518) 457-2570. You can also register on their web site: www.dec.state.ny.us/website/ppu
|Clean Water/Clean Air Bond Act |
Air Quality Projects Eligibility Guidelines
George E. Pataki, Governor of New York
John P. Cahill, Commissioner of Environmental Conservation
Clean Water/Clean Air Bond Act Air Quality Projects Eligibility Guidelines
In November 1996, New Yorkers proclaimed their commitment to a clean environment by approving Governor George E. Pataki's $1.75 billion Clean Water/Clean Air Bond Act ("Bond Act"). Five types of projects may qualify for funding under the Bond Act:
Clean Water - $790 million
Safe Drinking Water - $355 million
Solid Waste - $175 million
Municipal Environmental Restoration (Brownfields) - $200 million
Air Quality - $230 million
The passage of the Clean Water/Clean Air Bond Act provides New York State with the opportunity to restore, preserve and protect our state's valuable environmental resources. Section 56-0607 of Title VI of the Bond Act provides up to $20 million for projects that enhance or protect the state's air quality. Use of these funds will provide resources to provide immediate improvements to the quality of life for New Yorkers across the state.
Certain funding available under Section 56-0607 of the Bond Act will be administered by the Department of Environmental Conservation ("Department") to establish an Air Quality Program in accordance with the project eligibility guidelines ("Guidelines") set forth in this document.
These Guidelines are the vehicle by which the Department will solicit projects that will improve the quality of the air in New York State ("Air Quality Projects"). It identifies eligible applicants, project types eligible for funding, and the selection factors and processes that will be used to evaluate Air Quality Projects.
This document does not set forth all the terms and conditions with which successful applicants will be expected to comply in order to receive Bond Act funds. As such, all project awards are subject to the successful applicant's agreement to the terms and conditions set forth in a contract ("State Assistance Contract") prepared by the Department and presented to the applicant.
II. General Information: Air Quality Program
This section of the Guidelines provides potential applicants with a general program description, as well as the preliminary eligibility qualifications for participation in the Air Quality Program.
The Department will utilize the funding available under Section 56-0607 of the Bond Act to establish an Air Quality Program which will fund the implementation of projects to enhance air quality in New York State. In accordance with the dollars allocated and available for the program, the Department will issue a solicitation for projects from time to time in the Environmental Notice Bulletin ("ENB") and the State Register. Interested applicants who are potentially eligible in accordance with these Guidelines are encouraged to apply to receive state assistance to be applied toward the implementation of eligible Air Quality Projects. The Department may, in its sole discretion, choose to accept or reject any or all proposals received after any solicitation, or to cancel in part or in its entirety any solicitation when it is in the Department's or the State's best interest.
After the Department has received proposals and the time for submitting such proposals has ended, the Department will evaluate proposals. Any proposals which fail to meet the minimum requirements set forth in these Guidelines will be considered non-responsive. Such non-responsive proposals may experience a delay in the evaluation process, or may be returned to the proposer without evaluation. All responsive proposals will be evaluated, selected, ranked and awarded in accordance with the eligibility and selection criteria established in this document.
A draft final project list will be prepared by the Department and will be published for a thirty day comment period in the ENB. After publication of the proposed list of projects, and after review and analysis of comments, the list will be finalized, and the final list of projects to be funded will be published in the ENB. The Department will then offer a State Assistance Contract to each successful applicant, with award to the applicant being deemed final only after execution of the State Assistance Contract by the applicant and the Department.
Preliminary Eligibility Qualifications
The following are the general eligibility criteria which must be met before a project will be evaluated by the Department. The project eligibility criteria are set forth in the next section of these Guidelines.
Eligible Applicants: Applicants eligible to receive funding for eligible Air Quality Projects include state agencies, state or local public authorities or public benefit corporations, municipalities, and other governmental entities and not-for-profit corporations, located in New York State ("Eligible Applicants"). Two or more Eligible Applicants may submit a joint application.
Eligible Costs: Eligible Applicants whose projects have been approved for funding in accordance with this program may be eligible to receive up to 50% of the costs of a project proposal, as approved by the Department. The cost of the project proposal is the total cost of the approved proposal, less any federal assistance or other state assistance received for the project, since the Bond Act prohibits using other state or federal grant dollars received for the project, for the applicant's share of the cost of the project.
Fifty percent (50%) of the remaining cost of the project ("Local Share") must be provided by the applicant or any entity in partnership with the applicant. The Local Share can include cash contributions and in kind services, supplies and materials, and such other costs, subject to the Department's approval. The Local Share must be provided between the start and completion dates of the project as set forth in the State Assistance Contract.
Eligible Applicants will receive state assistance payments, in accordance with the terms of a State Assistance Contract, in order to reimburse the applicant for approved eligible costs incurred related to the project ("Eligible Costs"). State assistance payments will be made based on actual expenditures up to the amount of the grant awarded. The costs which are eligible to be approved for the project include engineering and architectural services, plans and specifications, consultant services, construction and equipment costs, personal service costs of staff working directly on the project and other direct expenses incident to such project.Examples of Eligible Costs
Examples of Ineligible costs (for state assistance or Local Share)
Only costs incurred after finalization of these Guidelines are eligible for consideration. Costs associated with the preparation and submission of the application or proposal submitted in accordance with these Guidelines are not eligible for state assistance. The Department reserves the right to make determinations of Eligible Costs on a case by case basis.
Other Eligibility Requirements: Applicants must demonstrate to the Department's satisfaction that the proposed project will be for a public purpose. Public ownership of the project and/or the project site is preferred. As the elements of proposed projects may vary significantly, the Department will work with applicants to ensure that these requirements are satisfied on a case by case basis. Additionally, projects intended to be open to the public, must be open to the general public and not limited to residents of the municipality receiving Bond Act funds.
As required by State law, project design will be required to be undertaken under the supervision of an architect and/or engineer licensed to practice in the State of New York. Additionally, in such cases, proper certification from a licensed architect or engineer will be required upon completion of the project.
Successful applicants will be responsible for complying with all applicable State and Federal laws, rules and regulations including, but not limited to, the State Environmental Quality Review Act, State Clean Air Compliance Act, Federal Clean Air Act, Corps of Engineers Permits and State and Federal Laws and Regulations for Historic Preservation.
III. Eligible Air Quality Projects
An Eligible Project is an air quality project that will provide measurable reductions in emissions of federal criteria air pollutants, (including volatile organic compounds, nitrogen oxides, carbon monoxide, sulfur dioxide, fine particulates and hazardous air pollutants listed in Section 112 of the federal Clean Air Act), or general improvements in air quality. All Eligible Projects must be for capital projects.
Eligible Project Types: Eligible Applicants may submit a proposal/application package consistent with these Guidelines for the following types of projects:
IV. Application Requirements
To be considered eligible for Bond Act funding, a project proposal or application must be made by an Eligible Applicant in accordance with the requirements set forth in these Guidelines.
Minimum Components of A Proposal/Application Package: To be considered eligible for Bond Act funds, an Eligible Applicant must submit the following components as part of their proposal or application package:
Minimum Proposal/Application Requirements: The Proposal/Application submitted by an Eligible Applicant must be concise, easy to read, and clearly describe the work to be undertaken with Bond Act funds. Additionally, it must provide sufficient information and supporting documentation to enable the Department to determine project eligibility and to rank the project.
At a minimum, each proposal/application must contain the following:
Eligible Applicants must also identify the planned and potential application(s), the proposed public demonstration site or fleet, and the anticipated demonstration time frame for the proposed project. The project description must also state the goals of the project, including the specific technology performance and air quality goals. Also described must be the potential and plan for achieving wide scale deployment of the technology utilized by the project, as well as the organizations and responsibilities associated with commercializing the product, and known or anticipated market risks.Finally, the project description must identify the Eligible Applicant, and particularly the qualifications of the organization to undertake the project, listing previous similar projects where possible. It must specify the members of the Eligible Applicant's organization who will be responsible for the project, as well as their qualifications. If applicable, include a letter of commitment from any other public entities expected to participate in the proposed project. Describe any unique partnerships formed to leverage funding.
Eligible Applicants are also encouraged to describe any other benefits of implementing the proposed project, such as energy benefits. In quantifying energy benefits, the expected reduction in fuel and the reductions in regulated air emissions will be expected to be provided. Additionally, any economic benefits to New York State, such as the number of new jobs created or retained, as well any other expected benefits of the proposed project may be provided.Finally, the proposal/application should include a summary of the Eligible Applicant's strategy for measuring the long-term effectiveness of the project, and how the project will be transitioned to long-term use, identifying support services available and estimated costs to maintain the technologies.
Eligible Applicants must also include a proposed budget for the project. It must include the following: the total proposed costs of the project; a cost sharing summary, setting forth the source of the Local Share to be provided by the Eligible Applicant broken down by cash, labor (hours required for each task),equipment and materials (how the value was determined); costs of the project proposed to be eligible for Bond Act funding, broken down by labor (hours required for each task), equipment and materials; a proposed schedule for milestone payments based upon specific deliverables and the completion of specific tasks, estimating the value of the milestone payment, based upon the estimated cost of the associated work (actual payments will be based upon actual costs) and a description of the equipment and facilities to be used for any manufacturing, if required, and whether such equipment and facilities will be rented, purchased or otherwise made available.
General Application Information: An Eligible Applicant may apply for funding for more than one project by submitting a proposal/application package for each project to be considered for funding. Such packages must be clearly labeled and submitted to:
Bond Act Office, Room 611
New York State Department of Environmental Conservation
50 Wolf Road
Albany, New York 12233
An original and two (2) copies of each proposal/application must be received at the above address by the date set forth in the project solicitation notice. Facsimile transmissions will not be accepted. Late proposals will be returned unopened.
The Department will reserve the right to reject any proposal/application package not completed in strict accordance with the directions set forth in these Guidelines, or to waive any irregularities. Additionally, any and all such packages may be rejected where it is believed that it is in the best interests of the State of New York.
Air Quality Projects are expected to be solicited periodically.
V. Considerations in Evaluating Projects
In determining eligibility and evaluating proposals/applications for funding pursuant to these Guidelines, proposed projects will be selected, evaluated and ranked based upon the following criteria:
VI. Project Selection, Ranking and Award Process
Periodically, a notice inviting the submission of project proposals meeting the requirements set forth in these Guidelines will be published in the ENB and the State Register. Projects will then be selected, prioritized and awarded in accordance with the following: