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 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 Notice

Notice of Proposed Rulemaking

Pursuant to Sections 3-0301, 19-0301, and 19-0303, of the New York State Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation hereby gives notice of the following proposed action:

6 NYCRR Subpart 201-6 will be amended to extend the deferral of Title V requirements for five categories of industry and add secondary aluminum production as an additional category as per 40 CFR 63, and to change the dates incorporated in 6 NYCRR 201-6.1(c)(2)(iii) to read December 9, 2004 instead of December 9, 1999 and to read December 9, 2005 instead of December 9, 2000. Public comment will be received until August 14, 2000.

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


Final Project Lists
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 final project lists for the Hudson River and New York Harbor Estuaries and the Finger Lakes and Great Lakes using the project eligibility and ranking guidelines. These lists were subject to a thirty-day review and comment period by the appropriate management conference, advisory committee or advisory council.

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, selected 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, New York/New Jersey Harbor Estuary, the Great Lakes and 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 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 shared the proposed list of projects for each Management Plan area with the appropriate committee coordinating the implementation for that Management Plan area.

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

Management Plan: Finger Lakes

There is no basin-wide management plan for the Finger Lakes. Instead, the 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:

1999

WQI

COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
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:

1999

WQI

COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE

BOND ACT

COSTS

BOND ACT FUNDS APPROVED
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


Public Notice of Legislative Hearing

Notice is hereby given that the New York State Department of Environmental Conservation (Department), pursuant to Sections 3-0301.2(a) and (m), 19-0301.1, and 19-0303 of the Environmental Conservation Law, will hold a legislative public hearing on the proposal of a new rule, 6 NYCRR Part 208, Landfill Gas Rule.

This rule transfers the regulations of 6 NYCRR Part 360-2.21 from the Part 360 series to the Part 200 series. The purpose of the rule is to comply with the requirements of 40 CFR 60 Subpart Cc, which requires that states implement a state plan to control emissions of non-methane organic compounds from municipal solid waste landfills.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration stating that the proposed action will not have a significant effect on the environment.

A legislative public hearing will be held at the following location and time:

Monday July 17, 2000, 10:00 A.M.
NYSDEC, 50 Wolf Road, Room 190, Albany NY
Telephone 518 457-2825, 457-7231

The public hearing is scheduled in a location reasonably accessible to persons with impaired mobility. At the hearing, the Department will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by July 7, 2000 to Arlene Schmidt, NYSDEC Division of Air Resources, 50 Wolf Road, Albany NY 12233-3250, 518 457-2825, .

The Department invites all persons, organizations, corporations, and government agencies which may be affected by the proposed revisions to attend the hearings and / or submit oral or written statements for the record. At the hearing, each person who wishes to make a statement will be allowed to speak. The Department will give equal weight to written and oral statements and recommends that lengthy statements be submitted in writing. A cumulative record will be compiled; therefore, it is not necessary for interested parties to attend the hearing.

Written statements may be submitted to the Department until close of business, 5 p.m., July 24, 2000, and should be submitted to:
Thomas R. Christoffel, P.E.
NYSDEC Division of Air Resources
50 Wolf Road, Room 108, Albany NY 12233-3254

The proposed regulation and supporting information may be obtained from www.dec.state.ny.us/website/regs/index.html, or from any of the following Department offices:

REGION 1, Building #40, State University of NewYork, Stony Brook NY 11790 Attention: Ajay Shah

REGION 2, Hunters Point Plaza, 47-40 21st Street, Long Island City NY 11101 Attention: Robert Mitrey

REGION 3, 21 South Putt Corners Road, New Paltz NY 12561
Attention: Robert Stanton

REGION 4, 1130 North Westcott Rd, Schenectady NY 12306
Attention: Rick Leone

REGION 5, Hudson Street Extension, Box 220, Warrensburg NY 12885
Attention: Michael Stawarz

REGION 6, Watertown State Office Bldg., 317 Washington St., Watertown NY 13601
Attention: Tom Morgan

REGION 7, 615 Erie Boulevard West, Syracuse NY 13204-2400
Attention: Norman Boyce

REGION 8, 6274 East Avon-Lima Road, Avon NY 14414
Attention: Thomas Marriott

REGION 9, 270 Michigan Ave, Buffalo NY 14202
Attention: Larry Sitzman

For further information, contact:
Thomas Christoffel, P.E.
NYSDEC Division of Air Resources, 50 Wolf Road, Room 108, Albany, NY 12233-3254
518 457-7688, email trchrist@gw.dec.state.ny.us


Public Notice of Adoption - Technical Guidance Memorandum

Statewide - Subsequent to public notice, a 30-day public comment period and comment review, the New York State Department of Environmental Conservation ("NYSDEC") Division of Mineral Resources hereby notices final adoption of 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 effective date of TGM No. MN 00-1 is January 1, 2001. The final TGM is shown in its entirety below.

Contact: Ms. Kathleen Sanford, Chief, Permits Section, Division of Mineral Resources, NYSDEC, 50 Wolf Road, Albany, NY 12233-6500, or by e-mail to kfsanfor@gw.dec.state.ny.us

New York State Department of Environmental Conservation Division of Mineral Resources Technical Guidance Memorandum ("TGM") No. MN 00-1 Documentation for Oil, Gas and Solution Mining Law Well Location Plats

I. Purpose

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 January 1, 2001.

II. Background

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.

III. Guidance

Effective January 1, 2001, all well location plats submitted to the Department under the Oil, Gas and Solution Mining Law and regulations must include the following additional information:

a. Notation of method and equipment type used to establish well location coordinates (e.g., GPS, total station or describe other; if GPS, describe differential correction method). b. Horizontal datum (e.g., NAD 83 or NAD 27 including adjustment date if any) and map projection. c. Positional accuracy of well(s) (e.g., state actual or estimated value in feet or inches). d. Notation of any control points used including values.

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.

IV. Responsibility

Division of Mineral Resources regional office staff will be responsible for ensuring compliance with this technical guidance memorandum.