ENB - STATEWIDE NOTICES

Public Meetings

The Environmental Justice Advisory Group, established by the New York State Department of Environmental Conservation, will be holding four public meetings throughout New York State to solicit comments on environmental justice issues affecting the people of the State of New York. The meeting schedule is as follows:

June 1, 2000 Buffalo, NY Adams Mark Hotel
120 Church Street, Buffalo, NY
6:00 PM - 9:00 PM
June 27, 2000 New York, NY Federal Building
290 Broadway, 30th Floor, NY, NY
2:00 PM - 4:00 PM AND
6:00 PM - 9:00 PM
July 12, 2000 Albany, NY Council of Community Services Bldg.
200 Henry Johnson Blvd., Albany, NY
6:00 PM - 9:00 PM

*Please plan to arrive on time in order to participate fully in the meeting.*

Topics for Comment: We invite you to comment on any of the following issues, or any other environmental justice-related issues of concern to you:

If you cannot attend one of the public meetings, you can send written comments to:

Monica Abreu Conley, Esq., Environmental Justice Coordinator, New York State Department of Environmental Conservation, 50 Wolf Road, Room 611, Albany, NY 12233-1040 or send an email at envirju@gw.dec.state.ny.us

Public Notices

Pursuant to Title 3, Section 56-0303(1)(h) of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives notice of the following:

Proposed Rule Making - Any Waters Water Quality Improvement Projects 6 NYCRR Part 676

The New York State Department of Environmental Conservation ("NYSDEC"), is proposing regulations governing state assistance payments for water quality improvement projects authorized by the 1996 Clean Water/Clean Air Bond Act at Section 56-0303(1)(h) of the Environmental Conservation Law.

This rule making is intended to implement the any waters state assistance program under the 1996 Clean Water/Clean Air Bond Act, as amended. Under the proposed regulations, State assistance will be provided for: up to eighty-five percent of the eligible construction costs of qualifying non-hardship wastewater treatment improvement projects; the amount of funding necessary to reduce the approved estimated annual sewer charge to the target service charge, up to a maximum of eighty-five percent of the eligible construction costs for qualifying hardship wastewater treatment improvement projects; up to fifty percent of the costs of the implementation of qualifying nonagricultural nonpoint source pollution abatement and control projects; up to fifty percent of the approved eligible costs of implementing qualifying non-state aquatic habitat restoration projects, except that state assistance payments for qualifying non-state aquatic habitat restoration projects located in cities, towns, and villages with a population of seventy-five thousand or less may fund up to seventy-five percent of the approved eligible project cost; up to one hundred percent of the approved eligible project costs of implementing qualifying State aquatic habitat restoration projects; up to fifty percent of the approved eligible project costs of implementing qualifying pollution prevention projects; and up to seventy-five percent of the approved eligible project costs of implementing agricultural nonpoint source pollution abatement and control projects where there is no contribution from the landowner or operator, or up to ninety percent where there is such a contribution.

The regulation provides definitions of terms used in the regulation; describes the application process; specifies the application review process; requires the allocation of priority points to projects for which applications are submitted; spells out the factors to be utilized in evaluating projects; defines the process to be used to develop and publish a final list of projects; specifies the state assistance payments and the required local share for the various types of water quality improvement projects (wastewater treatment improvement projects, nonagricultural nonpoint source pollution abatement and control projects, agricultural nonpoint source pollution abatement and control projects, aquatic habitat restoration projects, and pollution prevention projects); and defines criteria for determining hardship conditions and the requirements for qualifying for and receiving hardship assistance for water quality improvement projects.

The NYSDEC will accept comments on the proposed Any Waters Water Quality Improvement Projects regulation during a 45-day public comment period which ends June 19, 2000. Written comments should be addressed to Colbath A. Tucker, P.E.; 50 Wolf Road - Room 305; Albany, NY 12233-3508.

For further information, contact:

Colbath A. Tucker, P.E.
50 Wolf Road - Room 305
Albany, NY 12233-3508
Telephone: (518) 457-0634
E-mail: catucker@gw.dec.state.ny.us


The notice published in the April 19, 2000 issue of the ENB regarding draft Amendment No. 1 to the FFY 2000 CWSRF IUP showed an incorrect close of comments date. The notice below shows the correct date for close of comments on the amendment, close of business Wednesday, May 10, 2000.

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:

  1. 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.
  2. 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 10, 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 Hudson River and New York Harbor Estuaries 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 Hudson River Estuary and the New York/New Jersey Harbor Estuary.

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 June 2, 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: Hudson River Estuary

The highest priorities identified in the Hudson River Estuary Plan are: habitat protection, restoration, and enhancement; reduction of "contaminants of concern"; and waterfront revitalization. Secondary priorities are nonpoint source program implementation and wastewater treatment plant compliance assurance. The following projects are consistent with the priorities identified in the Hudson River Estuary Plan:

1999

WQI

COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
2016 Albany North & South Plant Influent Pump Station Rehabilitation Albany County Sewer District $1,238,116 $1,052,399
2202 Ulster Pretreatment and Diversion Chamber, Wilbur Avenue City of Kingston $547,000 $464,950
3027 Greene Sewage Treatment Plant Emergency Generator Village of Catskill $86,000 $73,000
3090 Rensselaer 102nd Street Sewer Separation & Combined Sewer Overflow Elimination City of Troy Dept. of Utilities $1,500,000 $1,275,000
3094 Columbia Mill Creek Marsh Restoration NYSDEC $1,300,000 $325,000
3095 Rensselaer Schodack Island State Park Wetlands Restoration NYSOPRHP $368,980 $368,980
3121 Westchester Yonkers Joint Treatment Plant Dechlorination Facility Westchester County $1,725,000 $1,000,000
3143 Rensselaer Combined Sewer Overflow Elimination - Albany Pool City of Rensselaer $226,700 $192,695
3305 Greene Combined Sewer Overflow Corrective Measures - Phase 2 Village of Catskill $350,000 $297,500
3353 Columbia Mill Creek Watershed Manure Composting Project Columbia County SWCD $142,000 $93,000

Management Plan: New York/New Jersey Harbor

The New York/New Jersey Harbor Comprehensive Conservation and Management Plan identifies aquatic habitat restoration as its highest priority. The secondary priority is mitigation of impacts to resources caused by toxics, dredged materials, pathogens, floatables and nitrogen. The following projects are consistent with the priorities identified in the approved management plan:

1999 WQI COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
3182 Queens Meadow Lake Water Quality and Habitat Improvement City of New York $1,083,346 $541,673
2123 Queens Vernam Barbados Saltmarsh Restoration City of New York $500,000 $250,000
3134 Kings Salt Marsh Restoration at Bergen Beach NYSDEC $507,150 $379,000
3137 Richmond Pralls Island Colonial Waterbird Nesting Habitat Improvement City of New York $410,000 $205,000
3138 Kings Dreier Offerman Park Salt Marsh and Littoral Zone Restoration City of New York $1,122,100 $561,050
3376 Richmond Restoration of Aquatic Habitat - Phase 1 of the Goethals Complex (Wilpon Marsh) NYSDEC $618,277 $63,277


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


Changes in Cutpoints for the Enhanced Motor Vehicle Inspection and Maintenance Program

The purpose of this notice is to announce changes in cutpoints for the enhanced motor vehicle inspection and maintenance program as per the footnote in 6 NYCRR Part 217-1.3(c)(2)(d), Table 1a, Vehicle Exhaust Emission Standards.

The New York State Department of Environmental Conservation (Department) is hereby giving notice that the following NOx cutpoint changes will be effective May 15, 2000:


VEHICLE EXHAUST EMISSION STANDARDS
(Start-up Standards)
Light Duty Trucks 1
(6,000 lbs. GVWR or less)
CurrentNew (effective May 15, 2000)
Model Year Oxides of Nitrogen
(grams per mile)
Composite
Oxides of Nitrogen
(grams per mile)
Composite
1981-1983 11.50 8.00
1984-1987 11.50 8.00
1988-1990 8.00 6.00
1991-1995 5.50 4.50
Light Duty Trucks 2
(6,001 lbs. - 8500 lbs.GVWR)
CurrentNew (effective May 15, 2000)
Model Year Oxides of Nitrogen
(grams per mile)
Composite
Oxides of Nitrogen
(grams per mile)
Composite
1981-1983 11.50 8.00
1984-1987 11.50 8.00
1988-1990 9.50 7.50
1991-1995 7.00 6.00

Contact: John Marschilok, Division of Air Resources, NYS Department of Environmental Conservation, 50 Wolf Road, Albany NY 12233-3257, telephone 518 457-8894.


Pursuant to Environmental Conservation Law Sections 3-0301, 19-0301 and 19-0311

Pursuant to Environmental Conservation Law Sections 3-0301, 19-0301 and 19-0311, the New York State Department of Environmental Conservation hereby gives notice of the following:

A consensus rulemaking is proposed to amend 6 NYCRR Part 200 Section 200.10 Table 4 to incorporate by reference all National Emission Standards for Hazardous Air Pollutants promulgated since the July 1, 1997 Code of Federal Regulations (CFR) was published and which appear in the July 1, 1999 Code of Federal Regulations.

For further information, contact:
Agency contact Steven DeSantis
NYSDEC Division of Air Resources, 50 Wolf Road, Room 108, Albany NY 12233-3254
518 547-7688sxdesant@gw.dec.state.ny.us