ENB - STATEWIDE NOTICES

Public Notice of Proposed Rulemaking

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 71-2103, the Department hereby gives notice of the following proposed rulemaking action: To amend and modify 6 NYCRR Part 200.9, Referenced Material, and 6 NYCRR, Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines; to incorporate wide-ranging improvements that California has made to its vehicle emission control program, maintain identical light duty (LD) vehicle standards with California as required under section 177 of the federal Clean Air Act (Act), and to incorporate medium duty (MD) standards into Part 218. The comment period will close at 5 o'clock on Wednesday, August 30, 2000.

Public hearings are scheduled as follows:

August 21, 2000 1 P.M. EPA Headquarters, 290 Broadway, (enter at corner of Duane and Broadway),
27th floor, Conference Room D, New York NY 10007
August 22, 2000 1 P.M. NYSDEC, 80 Wolf Road, Conference Room 404, Albany NY 12233
August 24, 2000 1 P.M. Convention Center at Oncenter, Meeting Rooms 4 and 5, lower level, 800 South State Street, Syracuse NY 13202
August 25, 2000 11 A.M. Cheektowaga Town Hall, Council Chambers,
3301 Broadway, Cheektowaga NY 14227

For further information, contact: Steven Flint, P.E., NYSDEC Division of Air Resources, 50 Wolf Road, Albany NY 12233-3255; telephone 518 485-8913; E-mail seflint@gw.dec.state.ny.us

Public Notice

Rulemaking Regulatory Agenda

As required by the State Administrative Procedure Act, the DEC has produced a regulatory agenda listing all the regulations that the department plans to propose for amendment or adoption as new during what remains of the 2000 calendar year. The regulatory agenda gives a short description of the action planned and the name, address, telephone number, and e-mail address of a contact person for each rulemaking package. The complete regulatory agenda was not available for its ususal publication in the last issue in June, but will be published in the August 9, 2000, issue of the State Register. It will also be available on-line on the DEC Website at: www.dec.state.ny.us under Regulatory Information.

For further information, contact:
Andrea S. Bergstrom ,DEC Rulemaking Coordinator
Department of Environmental Conservation
Division of Environmental Permits, Room 538
50 Wolf Road, Albany, NY 12233-1750
phone: (518)457-6180
E-mail address, asbergst@gw.dec.state.ny.us


Notice of Final Description of Eligible Project Categories
Financial Assistance to Business Air Program
Dry Cleaner Program

I. Background, Scope And Applicability

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

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

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

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

II. PURPOSE OF THIS NOTICE

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

III. DEFINITIONS

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

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

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

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

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

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

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

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

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

IV. DESCRIPTION OF ELIGIBLE PROJECTS

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

V. DETERMINATION OF USEFUL LIFE

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

VI. AMOUNT OF FUNDING

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

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

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

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

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

VII. APPLICATION SCHEDULE

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

VIII. FUNDING SCHEDULE

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

IX. ADDITIONAL REQUIREMENTS

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

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

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

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

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

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

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

X. INFORMATION AVAILABILITY

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

New York State Environmental Facilities Corporation
Financial Assistance to Business Program
Attention: Laurie A. Allen, Program Manager
50 Wolf Road
Albany, New York 12205-2603
Telephone (800) 200-2200
Fax (518) 457-0742


Public Comment Period Open for Comparative Risk Project Draft Work Group Reports

Project Description:

The Comparative Risk Project seeks to identify those environmental problems that pose the highest risks to the citizens and the environment of New York State in order to develop a pollution prevention strategy aimed at reducing risk through various pollution prevention management options. The Project will base decisions, as much as possible, on available scientific information and current technology, will seek to reflect public opinions and values, and will strive to achieve consensus from a broad range of viewpoints.

The comparison of environmental problems in this Project is based on risks associated with substances that are released into the environment. These substances can be chemicals or particles that may be released into the air, water, or land. Fourteen groups of these substances, called stressors, have been developed. The stressor groupings are based on similarities in their physical or chemical characteristics.

For this Project, risk is being evaluated in three main areas: risk to human health, risk to ecosystems, and risk to quality of life. These evaluations use available scientific data, professional judgement, and group consensus decision-making to characterize and compare each stressor group. Draft reports for each of these areas are now available for public review and comment. After reviewing the final work group reports and the public comments that are received, the Steering Committee will integrate the work group findings into an overall risk characterization for each stressor group.

A pollution prevention strategy will then be developed that builds upon these risk characterizations. This strategy may incorporate a wide variety of possible pollution prevention methods, policies, and programs, each of which will be evaluated for cost-effectiveness, practicality, and equity. The potential of the method to reduce risk and the ability of the DEC to apply the method will be important considerations.

Additional details about the Comparative Risk Project, including copies of the Project ground rules and other documents, can be obtained through the Project website at www.dec.state.ny.us/website/ppu/p2crp.html.

Available Reports:

Three draft work group reports, prepared by the Human Health, Ecosystems, and Quality of Life Work Groups, are available for public review and comment. The Steering Committee has prepared a report summarizing the Project and their findings, and providing the viewpoints of several committee members.

All reports can be obtained through the Project's website at http://www.dec.state.ny.us/website/ppu/p2crp.html. They can also be obtained through the address, phone, fax, and email address provided in the next section.

A questionnaire has been developed that will guide and assist the public in preparing meaningful comments. The questionnaire will be available on the Project website in mid-July.

Public Comment Period Information:

A public comment period will take place through September 8, 2000. During this time, written comments on the draft work group reports will be accepted by the following means:

Through the mail at the following address:
Comparative Risk Project
New York State Department of Environmental Conservation
Pollution Prevention Unit
50 Wolf Road
Albany, NY 12233-8010
By fax at (518) 457-2570

Through email at comprisk@gw.dec.state.ny.us

Formal public comments will not be taken by phone, but those with questions about the Project may call 518-457-2553.

Please send comments in by September 8, 2000. The work group reports will be revised and finalized shortly after review of the public comments received, and the Steering Committee will prepare a risk characterization report for the Project this fall. Although no formal written response to individual public comments will be prepared, each comment that is received will be considered by the appropriate work group or Steering Committee and will be reflected in changes to the reports which will be posted on the Project's Internet site. Comments that discuss pollution prevention strategies that will reduce the risks posed by the stressor groups studied in this Project will be provided to the Risk Reduction Strategies Work Group for their consideration.


Notice of Availability of the Final New York City Watershed Phase II Total Maximum Daily Loads/Wasteload Allocations/ Load Allocations (TMDL/WLA/LA) for Phosphorus in the New York City Water Supply Reservoir System. Also Available Is the Response to Public Comment on the November 17, 1999 Draft TMDL/WLA/LA.

The New York State Department of Environmental Conservation (NYSDEC), with the cooperation and technical assistance of the New York City Department of Environmental Protection (NYCDEP) and the United States Environmental Protection Agency (USEPA), has completed its Phase II analyses of the Total Maximum Daily Loads (TMDL) for phosphorous in the reservoirs of the New York City Water Supply System. This notice announces the availability of the Final Phase II Phosphorous TMDLs for these reservoirs which was submitted to the USEPA on June 29, 2000 for approval. The notice also announces the availability of the Response to the Public Comments, dated June 2000, on NYSDEC's Phase II Phosphorus TMDL proposed for New York City's Water Supply Watershed, in November 1999.

INFORMATION: The Final TMDL/WLA/LA information is included in NYSDEC documents entitled: 1) Phase II Phosphorus Total Maximum Daily Loads For Reservoirs in the New York City Water Supply Watershed, dated June 2000; and 2) Response to the Public Comments on NYSDEC's Phase II Phosphorus TMDL proposed for New York City's Water Supply Watershed, dated June 2000.These documents are available at the following website: www.dec.state.ny.us/website/dow/index.html or by contacting the NYSDEC Bureau of Watershed Management, by phone at 518-457-8961 or mail at Room 398, 50 Wolf Rd., Albany, NY 12233-3508. Copies of these documents will be mailed out to all entities which submitted public comments on the draft document.

Related information included in NYCDEP's report entitled Phase II Phosphorus TMDL Methodology Document, Water Quality Guidance Value Report and Phosphorus TMDL Calculations Reports for 19 Reservoirs, can be found on their website at www.nyc.gov/html/dep/home.html. These documents are dated March 1, 1999 and they provide much of the information used in NYSDEC's Phase II TMDL documents.


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Drinking Water State Revolving Fund (DWSRF)

Draft 2001 Intended Use Plans (IUPs)
Public Meeting & Hearing; Comments; Applications

The New York State Environmental Facilities Corporation (EFC), the Department of Environmental Conservation (DEC) and the Department of Health (DOH) are pleased to announce the availability of the draft Federal Fiscal Year (FFY) 2001 Intended Use Plans (IUPs) for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF). The IUPs include lists of projects that could receive low interest loans between October 1, 2000 and September 30, 2001, the next IUP financing period.

Eligible Projects:

Types of municipal point source and nonpoint source water pollution control projects eligible for CWSRF low interest loans include: sanitary sewers; wastewater treatment plants and pumping facilities; water supply filter backwash and sludge handling facilities; landfill closure or capping projects; landfill leachate collection, storage and treatment facilities; landfill gas collection and control facilities; aircraft deicing fluid collection, storage and treatment facilities; storage facilities for highway deicing materials; leaking underground storage tank closure and remediation; stormwater pollution abatement facilities; brownfields remediation; and other municipally-owned projects where the primary purpose of the facilities is water quality protection.

Types of municipal and privately-owned public water supply system projects eligible for DWSRF low interest loans and financial hardship assistance include: construction and rehabilitation of water treatment plants; transmission and distribution mains; storage facilities; pump stations; interconnections; new drinking water sources; consolidation of water supplies; and upgrades to existing water systems.

Intended Use Plans & Project Listing:

Projects must be included on the Project Priority Lists (PPLs) in the IUPs to receive State Revolving Fund (SRF) financing. Municipalities or public water supply systems interested in financing one or more projects not currently listed in the CWSRF IUP or DWSRF IUP should submit the appropriate IUP project listing information before Friday, August 4, 2000 to the EFC for CWSRF projects or to the DOH for DWSRF projects. For assistance with the IUP listing process, please call the EFC or DOH office listed at the end of this notice.

For CWSRF projects, a municipality must have an approvable engineering report or technical report to be listed for a long-term loan in the Annual List of the CWSRF IUP or to submit an application for any type of CWSRF loan. It is anticipated that the CWSRF will have sufficient resources to finance all projects for which municipalities have completed application requirements by the appropriate deadlines.

For DWSRF projects, an applicant must have submitted an engineering report or plans and specifications to the DOH by August 4, 2000, or have completed construction, to be included on the Project Readiness List in the final DWSRF IUP. DWSRF projects will be financed to the extent that sufficient funds are available for the effective period of the DWSRF IUP.

The draft FFY 2001 IUPs will be mailed to certain municipal officials, system owners, advisors, consulting firms, and other interested parties in mid-June. Copies of the draft IUPs will be available at New York State Documents Depository Libraries. The DWSRF IUP will also be available on the DOH "web page" at www.health.state.ny.us (select "Information for Consumers"; "Environmental and Occupational Health"; "Drinking Water").

Due Date for Comments:

Written statements or comments on the draft IUPs can be filed prior to the hearing, at the hearing, and after the hearing until the close of business on Friday, August 4, 2000, the end of the comment period. Written and oral statements will be made part of the official record. Written statements or comments on the draft IUPs should be filed with:

CWSRF: Mr. Robert Davis, PE
Director, Engineering & Program Management
New York State Environmental Facilities Corporation
50 Wolf Road, Room 502
Albany, New York 12205-2603
FAX: (518) 485-8494

DWSRF: Mr. Michael Burke, PE
Director, Bureau of Public Water Supply Protection
New York State Department of Health
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
FAX: (518) 402-7659

Public Meeting & Hearing:

A joint public meeting and hearing will be held to review the draft FFY 2001 CWSRF IUP and DWSRF IUP. The date, time and location of the public meeting and hearing is provided below. Pre-registration is not required. Reasonable accommodations will be provided for disabled persons if requested in advance.

Tuesday
July 18, 2000
Colonie
Albany County
1:00 PM
Colonie Town Library
Stedman Room
629 Albany Shaker Road
(Exit 4 off I-87)
( mile east on Albany Shaker Road)
Loudonville, NY (518) 458-9274

Directions from the South: Take the Northway (I-87 north of Albany) to exit 4. Take a left off the exit ramp (Wolf Road), get in right lane and make a right onto Albany Shaker Road. The Library is about 200 yards on the left.

Directions from the North: Take the Northway to exit 4. Take a left off the exit ramp (Wolf Road Extension). Proceed to Albany Shaker Road. Take a left onto Albany Shaker, under the Northway and past the end of Wolf Road. The Library is about 200 yards on the left.

Application Packages & Due Dates:

Copies of the FFY 2001 CWSRF and DWSRF Application Packages will be mailed to applicants with projects on the draft 2001 CWSRF or DWSRF IUPs that may be ready for financing during this IUP period. Copies of the application packages will also be available at the public meeting and hearing. For a copy of the FFY 2001 Application Package, please call the EFC office listed at the end of this notice.

The CWSRF Application Package can be used to apply for both short-term and long-term loans. CWSRF short-term loans can finance project design and construction start-up costs until the short-term loan can be rolled over into a long-term loan. Multiple water pollution control projects can be financed with one long-term loan if the projects are ready in the same IUP financing period and are fundable on the PPL. The CWSRF can also be used to prefinance or co-fund projects that anticipate receiving total or partial project financing from grant reimbursement programs, loans and other sources, including the NYS Clean Water/Clean Air Bond Act.

Applications for low interest loans from the CWSRF and DWSRF are accepted on a continuous basis. Complete applications for long-term leveraged loans for the Winter Financing Pool must be submitted by October 1, 2000 for the CWSRF program and by October 15, 2000 for the DWSRF program, with loan closing targeted for March 2001. Complete applications for the Summer Financing Pool must be submitted by March 1, 2001 for both programs, with loan closing targeted for July 2001. Complete applications for CWSRF direct long-term loans or short-term loans must be submitted before May 1, 2001 for financing in this IUP period. Complete applications for DWSRF direct long-term loans must be submitted before April 1, 2000 for financing in this IUP period.

Interest-free CWSRF short-term loans will be available for projects on the IUP Multi-Year project list that have high enough priority scores to be fundable on the Annual PPL and that meet all application requirements. Short-term applications will be accepted on a first come/first served basis, up to the amount reserved for these loans. Some applicants constructing sewage treatment projects serving residential areas may qualify for reduced interest or interest-free direct loans based on a determination of financial hardship.

Some eligible disadvantaged communities may apply for DWSRF Additional Loan Subsidies (Grants) beyond the interest-free loan rate. DWSRF Financial Hardship Applications for the next IUP period must be submitted to the DOH by December 1, 2000.

EFC & DOH Contacts:

For a copy of the draft FFY 2001 IUP, assistance with the IUP listing process, or for information on these SRF programs, please contact:

CWSRF: Mr. David Morseman
Program Services Representative III
Division of Program Management
New York State Environmental Facilities Corporation
50 Wolf Road, Room 502
Albany, New York 12205-2603
(800) 882-9721 (within NYS only) or (518) 457-3833
FAX: (518) 485-8494
EFC web site: www.nysefc.org

DWSRF: Mr. Charles Amento
Bureau of Public Water Supply Protection
New York State Department of Health
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
(800) 458-1158 ext. 27676 (within NYS only) or (518) 402-7676
FAX: (518) 402-7689

Application Packages:

For a copy of the CWSRF or DWSRF Loan Application Package, please contact Mr. Morseman at the above EFC address or phone number. For a copy of the DWSRF Financial Hardship Application, please contact the DOH at the above address or phone number.


Notice of Revocation of Waste Transporter Permit 1A-617

The Department has determined that the record of noncompliance with the Environmental Conservation Law ("ECL") and the rules and regulations promulgated thereunder at 6 NYCRR, as enforced by the Department, constitutes grounds for revocation of the DEC Part 364 Waste Transporter Permit 1A-617 issued to Island Wide Recycling Industries, Inc., John McDonald, President, 10 Ashland Court, Holtsville, NY 11742. Waste transporter permit 1A-617 had authorized the transport of waste tires. The Department has accordingly revoked this permit effective June 30, 2000. The permittee is no longer licensed or permitted to handle such waste.

Contact: David Vitale or Gus Ribeiro, NYS DEC, 50 Wolf Road, Rm. 212, Albany, NY 12233-7253; telephone (518) 457-6072.