Public Notices

Draft Amendment No. 1 to the FFY 2000 CWSRF Intended Use Plan
Revised Short-Term Financing Program

The Federal Fiscal Year (FFY) 2000 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September, 1999, is being amended.

The New York State Environmental Facilities Corporation (EFC), together with the New York State Department of Environmental Conservation (DEC), administers the CWSRF, which includes the Short-Term Financing Program. The Short-Term Financing Program provides interest-free loans to borrowers to pre-finance eligible CWSRF projects. The EFC has prepared a revised Short-Term Loan Policy which requires a revision to the FFY 2000 IUP section that discusses the Short-Term Financing Program. Two significant changes have been made to the previous Short-Term Financing Program as follows:

The total project cost threshold at which a short-term loan must be converted to leveraged financing once construction of all major contracts has started has been increased from $4.0 million to $5.0 million.

All short-term loans will be written for a term of three (3) years from the date of loan closing to avoid the need to amend loan agreements if project progress is delayed. The policy continues to include mandatory conditions for conversion of the short-term loan to long-term financing.

Therefore, it is proposed that the FFY 2000 CWSRF IUP Section III, Short-Term Financing Program (page 6), be amended to reflect the revised short-term policy.

Copies of Draft Amendment No. 1 and the revised Short-Term Loan Policy can be requested by calling EFC's toll-free line at (800) 882-9721 (within NYS only) or at (518) 457-3833. Copies of the draft amendment and revised policy will be mailed to municipalities, consulting firms and interested parties who were mailed the final FFY 2000 CWSRF IUP. Amendment No. 1 and the revised Short-Term Loan Policy will also be available on the EFC web site at http://www.nysefc.org (click on "What's New").

Written comments on Amendment No. 1 to the FFY 2000 CWSRF IUP and the revised Short-Term Loan Policy will be accepted by fax or mail until close of business Wednesday, May 3, 2000. Comments should be addressed to:

Mr. David Morseman
Program Services Representative III
Division of Program Management
NYS Environmental Facilities Corporation
50 Wolf Road, Room 502
Albany, New York 12205-2603
FAX: (518) 485-8494

Proposed List of Recommended Water Quality Improvement Projects

Under the Clean Water/Clean Air Bond Act of 1996

The New York State Department of Environmental Conservation ("NYSDEC"), as authorized by Title 3, Section 56-0303 of the Environmental Conservation Law, known as the 1996 Clean Water/Clean Air Bond Act, and in accordance with subdivision 3 of Section 56-0303 of Environmental Conservation Law, as amended by Chapter 1 of the Laws of 1997, has compiled an eligible project list for the Great Lakes and the Finger Lakes using the project eligibility and ranking guidelines. This list is subject to a thirty-day review and comment period by the appropriate management conference, advisory committee or advisory council prior to finalizing such list of projects.

Pursuant to Chapter 1 of the Laws of 1997, the New York State Department of Environmental Conservation, in cooperation with the New York State Departments of State and Agriculture and Markets, proposes the Water Quality Improvement Projects listed in the charts below to be funded with 1999-00 State capital appropriations under Title 3 Section 56-0303 of the Clean Water/Clean Air Bond Act of 1996.

The following types of Water Quality Improvement Projects were considered for funding: (1) wastewater treatment improvement projects; (2) agricultural and nonagricultural nonpoint source abatement and control projects; (3) aquatic habitat restoration projects; and (4) pollution prevention projects.

Projects eligible to be funded are Water Quality Improvement Projects to implement management plans for the Great Lakes and other approved projects for the Finger Lakes area.

The Department of Environmental Conservation (DEC) reviewed more than 800 Water Quality Improvement Project applications from municipalities, Soil and Water Conservation Districts, and state agencies. The proposed list of projects to be funded have all of the characteristics listed below. The projects:

In addition, the applicants of the projects have demonstrated that:

For many of the projects, the recommended award of funds is less than the amount requested by the applicant. The amount was reduced for the following reasons:

The DEC will accept comments on the proposed list of projects to be funded during a 30-day public comment period which ends May 19, 2000. Written comments should be addressed to Bond Act, Water Quality Improvement Projects, NYS Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12233-3503.

Pursuant to Chapter 1 of the Laws of 1997, during the comment period DEC will discuss the proposed list of projects for each Management Plan area with the appropriate committee coordinating the implementation for that Management Plan area. The list of Bond Act projects to be funded for the applicable project categories will be finalized and published in the Environmental Notice Bulletin following the public comment period and the management committee review.

Management Plan: Finger Lakes

There is no basin-wide management plan for the Finger Lakes. Instead, the Bond Act statute refers to water quality improvement projects for the Finger Lakes and their tributaries which are approved by the Secretary of State pursuant to Article 42 of Executive Law or by the Commissioner of DEC. Priority was given to projects that have been (a) approved by the Commissioner of DEC; (b) identified in plans in accordance with the Coastal Nonpoint Pollution Control Program or the Local Waterfront Revitalization Program and approved by the Secretary of State; and/or (c) developed in accordance with the Agricultural Nonpoint Source Abatement and Control Program and approved by the State Soil and Water Conservation Committee and the Commissioner of Agriculture and Markets. The following projects are consistent with those identified priorities:



2209 Tompkins Ithaca/Cayuga Heights/Lansing Area Wastewater Collection & Treatment System Improvements City of Ithaca $8,233,530 $4,150,672
2241 Cayuga Sewer District No. 1 - Will Reduce Nutrient Load into Cayuga Lake Town of Springport $1,302,820 $1,000,000
3120 Ontario Naples Creek Aquatic Habitat Restoration Project NYSDEC $469,688 $364,794
3172 Tompkins Streambank Stabilization In The Village of Groton Village of Groton $20,000 $10,000
3174 Cayuga Paines and Little Creeks Streambank Stabilization Project Cayuga County SWCD $133,930 $66,965
3264 Ontario Canandaigua Lake Watershed Roadbank Stabilization Project Ontario County SWCD $530,000 $265,000
3337 Tompkins Management Intensive Grazing Implementation: Cayuga Lake and Owasco Inlet Waters Tompkins County SWCD $204,908 $152,114
3342 Cayuga Maridale Nutrient Management System Cayuga County SWCD $582,184 $305,498
3345 Onondaga Twin Birch Farms, Inc., Anaerobic Digestion System Cayuga County SWCD $358,297 $247,197
3348 Cayuga Fall Creek Barnyard Runoff and Nutrient Management Systems Cayuga County SWCD $169,600 $102,510
3349 Cayuga Rotational Grazing Implementation in the Owasco Lake Watershed Cayuga County SWCD $82,200 $49,400
3359 Ontario Canandaigua Lake Watershed Agricultural Program - Phase III Ontario County SWCD $418,320 $285,850

Management Plan: Great Lakes

In the Great Lakes area, priorities have been identified based on the Lake Ontario Lakewide Management Plan, the Niagara River Toxics Management Plan, Remedial Action Plans for New York' s Areas of Concern, and the Lake Erie Lakewide Management Plan. The highest priorities are control of persistent, bioaccumulative toxics; remediation of sediments contaminated by toxics; and restoration, protection and enhancement of aquatic habitat. Secondary priorities are pollution prevention actions that address priority chemicals of concern, and control nutrients and other "conventional" pollutants. The following projects are consistent with the priorities identified in the management plans and remedial action plans for the Great Lakes area:



O250 Jefferson French Creek Wildlife Management Area NYSDEC $402,500 $324,500
3105 Niagara Vine-North Overflow Reduction Project City of Lockport $244,324 $88,675
3171 Erie Tifft Preserve Wetland Restoration Phase II NYSDEC $85,000 $75,000
3176 Oswego Salmon River Habitat Restoration NYSDEC $181,900 $181,900
3178 Monroe Powder Mills Park - Irondequoit Creek Soil Erosion Control Project Monroe County $36,000 $18,000
3255 Erie Buffalo Creek Watershed Riparian Habitat Restoration and Nonpoint Source Abatement Erie County SWCD $512,826 $256,413

Seventh Annual NYS Governor's Award for Pollution Prevention

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.

DEC Announces Free Pollution Prevention Workshops Designed for Metal Finishers

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:

  1. Environmental Compliance and Pollution Prevention Guide for Metal Finishers; and
  2. Environmental Self-Assessment for Metal Finishers.

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

New York State Department of Environmental Conservation
Clean Water/Clean Air Bond Act Air Quality Projects

Project Eligibility Guidelines for the Selection of Air Quality Projects April 2000

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

I. Introduction

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.

Program Description

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
  1. capital costs directly associated with the project;
  2. direct salary costs including wages, salaries and supplemental compensation paid to employees for personal services directly associated wit the project;
  3. employee fringe benefits which are allowed as a percentage of the direct salary cost of employees;
  4. direct non-labor costs including costs for printing, travel, materials, supplies, consultant and contractual services, and other goods and services directly associated with the project.
  5. land acquisition, but only as a part of the Local Share for construction projects.

Examples of Ineligible costs (for state assistance or Local Share)

  1. indirect or overhead costs and
  2. salaries and other expenses of elected officials or not-for-profit management.

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:

  1. Air Quality Projects Advancing Innovative Technologies to Improve Air Quality An Air Quality Project falling within this project type must demonstrate that it has the potential to provide measurable reductions in emissions of federal criteria air pollutants or improve air quality by employing advanced or innovative technologies. Examples of such projects include, but are not limited to: the installation of air pollution control devices on publicly-owned facilities or vehicles; and "pilot" projects on municipal or publicly-owned operations, facilities or vehicles which demonstrate that they will increase the practical applications of innovative technologies, or broaden the potential scope of applications for such technologies.
  2. Air Quality Projects Advancing the Study of Air Quality Issues or the Testing and Refinement of Air Quality Testing Equipment An Air Quality Project falling within this project type must demonstrate that it has the potential to assist in the reduction of emissions of federal criteria air pollutants or improve air quality by acquiring and/or installing infrastructure or equipment to study or test air quality. Examples of such projects include, but are not limited to: the construction of publicly-owned laboratories or testing facilities which will address current and future air quality issues; the acquisition and installation of equipment used to advance state-of-the-art of air quality monitoring or predictive modeling capabilities; or the acquisition of equipment needed to help disseminate information regarding current air quality alerts or provide public notifications designed to avert potential exceedances of air quality standards, such as "Ozone Alerts".
  3. Air Quality Projects Advancing the Compliance with Air Quality Rules and Regulations An Air Quality Project falling within this project type must demonstrate that it has the potential to assist an Eligible Applicant in complying with current or future air quality rules or regulations. Examples of such projects include, but are not limited to: projects which allow public entities to comply with state and federal clean air rules and regulations; the capital costs associated with infrastructure to improve mass transit or ride-sharing opportunities; the acquisition and/or installation costs associated with emissions control equipment for publically-owned facilities or vehicles; or projects which reduce emissions of air pollutants through innovative and efficient methods such as by energy generation, "co-generating" heating plants, or by heat recovery and recirculation.
  4. Air Quality Projects Advancing the Use of Alternative Fuels in the Transportation Industry An Air Quality Project falling within this project type must demonstrate that it has the potential to assist in the reduction of emissions of federal criteria air pollutants or improve air quality by acquiring and/or installing infrastructure, equipment or vehicles to utilize vehicles employing alternative fuel technology in public fleets. Examples of such projects include, but are not limited to: the conversion of publicly-owned vehicles to allow utilization of alternative fuels; the purchase and installation of alternative fuel filling stations; the acquisition and installation of infrastructure such as special ventilation, energy requirements or specialized equipment needed to utilize alternative fuels.

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:

  1. A Cover Letter requesting Bond Act funding on the letterhead of the Eligible Applicant.
  2. A Proposal/Application, meeting the requirements set forth below, and including a certification that must be endorsed by the individual authorized by resolution or other legal authorization of the Eligible Applicant.
  3. An Acceptable Resolution or Other Legal Authorization authorizing the Eligible Applicant and designating a representative to apply, contract for and undertake the project referenced in the application. An acceptable sample resolution is available upon request from the Department. A Certificate of Recording Officer with an original signature must accompany the resolution.

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:

  1. Project Description Eligible Applicants must provide a brief narrative describing the background and a technical summary of the proposed project. Such a description must include the current state of the art, innovative aspects of the approach, projected future enhancements, and competing technologies. The description must also include a brief overview of the theory of operation, technical physical basis or control strategy. Also included must be an identification of any challenges to wide scale deployment of the project, including whether any other technologies currently or soon to be under development are essential to the successful or optimal deployment of the proposed project.

    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.
  2. Project Benefits Eligible Applicants must state and quantify, to the satisfaction of the Department, the expected benefits to be achieved through implementation of the proposed project. In particular, the proposal/application must provide a convincing demonstration that the project will provide environmental benefits. Minimally, the Eligible Applicant must state and quantify, to the extent possible, the expected air quality benefits of the project and how the project meets New York State policies and priorities to improve New York State's environment. Please identify any expected emissions reductions and the impact of the attainment status of the area for particulate matter and other criteria pollutants, where possible. Also identify whether the proposed environmental benefits would take place on a local, regional or state-wide basis, as well as the specific location in New York State where the benefits would likely be achieved.

    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.
  3. Statement of Work Eligible Applicants must describe the work to be done in a concise and organized manner. The Statement of Work must include the submission of progress reports, a final report and meetings with the Department. As the Statement of Work is the basis for the project cost and State Assistance Contract, it must identify all project activities. If applicable, the Statement of Work must identify the quantity of technology demonstration units to be delivered to the demonstration site, and include a maintenance and support plan. The Statement of Work must also include a schedule, and identify significant milestones, such as delivery of products, installation and checkout of systems, or completion of a specified test period, that will be used as the basis for receiving payment. The proposed Statement of Work should be completed within thirty months of contract award.
  4. Project Management Plan and Project Budget Eligible Applicants must provide a description of a management plan for the project which includes the following: name/title of the individual ultimately responsible for the success of the project; chart(s) showing the relationship between team members; key project personnel, including their roles, and level of commitment (hours or percentage of time) to the project. Eligible Applicants must also address issues such as quality control, cost controls, or other processes/procedures to be utilized to successfully complete the project. Any subcontracts, co-funding agreements, or other cooperative agreements planned must also be identified.

    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:

  1. Suitability and feasibility of the project in relation to providing one or all of the following results:
    1. Environmental Benefit- Whether the proposed project demonstrates that it will enhance the quality of the environment in New York State by improving state air quality. An environmental benefit may be demonstrated by showing that:
      1. the project will address an identified air quality impairment or sources of emissions of federal criteria air pollutants or toxic emissions; and/or
      2. the project provides real and measurable improvements to local and regional air quality and specific reductions in federal criteria pollutants and/or toxic emissions; and/or
      3. the project assists the state or local government entities in meeting federal and state air requirements; and/or
      4. the project anticipates and will address new or modified federal or state laws, rules or regulations; and/or
      5. the project has the potential to demonstrate the expansion of the scope or application of advanced or innovative technology to improve air quality; and/or
      6. the project generates Nox or VOC emission reduction credits and the credits are retired.
    2. Energy Efficiency- Whether the proposed project demonstrates that it will promote measurable reductions in energy consumption with consequential reductions in emissions.
    3. Technological Innovation- Whether the proposed project demonstrates that it will result in the advancement of technology of process control, energy efficiency, and/or emissions reduction.
    4. Regional Cooperation- Whether the proposed project demonstrates that it will advance inter-municipal efforts to improve air quality on a regional basis.
    5. Cost Effectiveness- Whether the proposed project demonstrates that it will provide economically and technically viable and cost effective solutions to air quality problems and demonstrates a favorable cost/benefit ratio.
  2. Priority of the project in relationship to other projects proposed. Projects will be given higher priority where it demonstrates that implementation of the project will:
  3. Relative ability of an applicant to provide matching funds, leverage financial resources or otherwise enter into cost sharing public/private partnerships, providing better value to New York State.
  4. Urgency of need for Bond Act funds in order for the project to be implemented, based upon the availability of other funding sources.
  5. Readiness of the project to be implemented in this fiscal year.
  6. Compliance of the proposed project with federal income tax rules and regulations pertaining to the use of tax-exempt bond proceeds as determined by New York State 's Bond Counsel.

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:

  1. Project Selection. All proposal/application packages which have been received in a timely manner will be reviewed for completeness. Incomplete application packages may be rejected and no further review undertaken. In order to be selected for evaluation, ranking and placement on the project award list, each completed package must meet the following minimum qualifications:
    1. it must be submitted by an Eligible Applicant; and
    2. it must provide sufficient information and supporting documentation to enable the Department to determine project eligibility and to rank the project; and
    3. it must contain all the components and information required by these Guidelines. Proposal/application packages which the Department has determined meet the above minimum qualifications will be selected for evaluation and reviewed based upon the project eligibility factors set forth in these Guidelines.
  2. Project Ranking. All projects which have been deemed to be eligible by the Department will be evaluated in accordance with the criteria set forth in these Guidelines. Projects will be then ranked in priority order. Subject to availability of funds for the particular solicitation, projects will then be selected for placement on a draft project award list.
  3. Project Award. The draft project award list will be published in the ENB. After publication of the proposed list of projects, the public will be afforded at least thirty (30) calendar days to comment on such draft list. After review and analysis of comments, the finalized list of projects to be funded will be published in the ENB. Placement on the project award list does not guarantee that an applicant will receive Bond Act funding. Receipt of Bond Act funding is subject to the applicant agreeing to the terms and conditions set forth in the State Assistance Contract to be provided to the applicant by the Department.

Final Draft of an Enforcement Directive:
Management of Soils Contaminated with Coal Tar from Former Manufactured Gas Plants

The New York State Department of Environmental Conservation (NYSDEC) is making available a final draft of an 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. The directive becomes effective thirty days from the date of this publication.

Copies of the Enforcement Directive are available from Eric Obrecht, Division of Environmental Remediation, NYSDEC, 50 Wolf Road, Albany, NY 12233-7010.

"Certificate of Authorization Law" for Engineering Services Becomes Effective

On January 1, 2000, section 7210 of the New York State Education Law became effective. This new law requires that all business entities (not individual licensees) legally permitted to provide professional engineering services in the State of New York obtain a "Certificate of Authorization to Provide Engineering Services in New York State" from the State Education Department. The Law applies to the following types of business entities:

  1. domestic and foreign professional service corporations;
  2. domestic and foreign professional service limited liability companies;
  3. partnerships;
  4. registered limited liability partnerships;
  5. New York registered foreign limited liability partnerships; and,
  6. general business corporations authorized under subdivision six of section 7209 of the State Education Law ("grandfathered" corporations)

The law is the result of efforts of the New York State Society of Professional Engineers, and is intended to help assure individuals, businesses, and not-for-profit and governmental agencies, that the professional engineering services they procure are being lawfully provided. The law will help to maintain the integrity of our State's professional engineering licensing statute, work to curtail illegal practice, and further protect the health, safety, and welfare of the public.

The New York State Education Department's Office of the Professions maintains a registry of individual licensees which is easily accessible on its website (www.op.nysed.gov). This law will take that concept a step further by creating an equally accessible registry for business entities that are authorized to provide professional engineering services.

Early in January, the Education Department mailed a notification of the law to all New York State licensed professional engineers. The mailing advised them that if they are a member of a firm which is one of the types of business entities to which this law applies, the firm must obtain a Certificate of Authorization. An application form and instructions for completing was included.

As of April 1, the Office of the Professions, State Education Department, reports that it has received nearly 1,400 applications for a Certificate of Authorization to provide engineering services in New York State. As of that date approximately 750 certificates had been issued.

The Office also reports that approximately 550 applications have been received from companies that have no business entity currently registered and authorized to provide professional engineering services in New York. These companies are being advised that they are not authorized to practice in New York and that if they are practicing, they are doing so illegally, and committing a class E felony, a crime. Most of these applications are from businesses located outside of the State.

An additional 100 applications have been received from businesses that are registered to practice in New York but are not otherwise in compliance with the law for various reasons. These businesses will be advised to come into compliance or risk being prosecuted for professional misconduct.

Any questions on this, should be directed to the Professional Corporations Unit of the Office of the Professions at 518-474-8225; e-mail OPCORP@MAIL.NYSED.GOV.


New York State Department of Environmental Conservation, Pursuant to Environmental Conservation Law, sections 9-1503, 9-0105.1 and 9-0105.3, the NYS Dept. of Environmental Conservation hereby gives notice of the following:

Repeal of existing 6NYCRR section 193.3 and adoption of new 6NYCRR section 193.3

For further information, contact:

Michael Birmingham
New York State Department of Environmental Conservation
50 Wolf Road, Room 424, Albany, NY 12233-4253
(518) 457-7370


Pursuant to Environmental Conservation Law, Sections 3-0301, 19-0103, 19-0301 and 19-0303, the Department hereby gives notice of the adoption of 6 NYCRR Subpart 231-2, New Source Review in Nonattainment Areas and Ozone Transport Regions, effective May 3, 2000.

The regulation identifies requirements for new major facilities and specifies major modifications to existing facilities which are located in a designated non-attainment area or the Ozone Transport Region.

6 NYCRR Subpart 231-2 conforms to the Clean air Act Amendments of 1990 and the Department's revised 6 NYCRR Part 201 regulation, and is clarified and simplified to facilitate easier implementation.

For further information, contact:
Raj Rao, P.E.
NYSDEC Division of Air Resources
50 Wolf Road, Room 108
Albany NY 12233-3254
Telephone: 518 457-7688
E-mail: rnrao@gw.dec.state.ny.us