ENB Statewide Notices

ENB - STATEWIDE NOTICES

Public Notice

NATURAL GAS POLICY ACT NOTICES

On July 14, 2000, the Federal Energy Regulatory Commission issued a final Rule (Order 616) in Docket No. RM00-6-000 reinstating wellhead determination procedures under the Natural Gas Policy Act of 1978. Order No. 616 reinstates the procedures for Section 107 wellhead gas that qualifies for a tax credit under Section 29 of the Internal Revenue Code.

In accordance with an agreement between the New York State Department of Environmental Conservation and the Federal Energy Regulatory Commission: under the authority of 壯3-0301(1)(w), 3-0301(2)(d) and 3-0301(2)(j) of the New York State Environmental Law and Sections 503(c) and described in 503(a) of the Natural Gas Policy Act of 1978 (P.L. 95-621); notice is hereby given that the following operators have filed a complete application seeking a determination for tight formation gas under NGPA Section 107 to be eligible for a tax credit under Section 29 of the Internal Revenue Code for the gas produced from the indicated well. Any person may review the application at the office of the Division of Mineral Resources located at 50 Wolf Road, Room 290, Albany, NY, telephone number (518) 457-3682. Comments on any application must be submitted in writing to the Division at the above address on or before the indicated date, stating the precise grounds of support for, opposition to, or other interest in the application.

Region	NGPA Request No.	Operator	API No.	County	Town	Last Filing Date
9	NY616-01	Kastle Resources Enterprises	31-013-16469	Chautauqua	Ellington	12/06/2000
9	NY616-02	Kastle Resources Enterprises	31-013-16320	Chautauqua	Ellington	12/06/2000
9	NY616-03	Kastle Resources Enterprises	31-013-18009	Chautauqua	Ellington	12/06/2000
9	NY616-04	Kastle Resources Enterprises	31-013-12491	Chautauqua	Cherry Creek	12/06/2000
9	NY616-05	Kastle Resources Enterprises	31-013-16468	Chautauqua	Ellington	12/06/2000
9	NY616-06	Kastle Resources Enterprises	31-013-17992	Chautauqua	Ellington	12/06/2000
9	NY616-07	Kastle Resources Enterprises	31-013-18052	Chautauqua	Ellington	12/06/2000
9	NY616-08	Kastle Resources Enterprises	31-013-16467	Chautauqua	Ellington	12/06/2000

ENVIRONMENTAL FACILITIES CORPORATION
NOTICE OF FINAL DESCRIPTION OF ELIGIBLE PROJECT CATEGORIES
FINANCIAL ASSISTANCE TO BUSINESS WATER PROGRAM

I. BACKGROUND, SCOPE AND APPLICABILITY

The Environmental Facilities Corporation (EFC), through its Financial Assistance to Business (FAB) Water Program, proposes to provide funding: 1) to businesses and to water suppliers on behalf of businesses for all projects that will create, improve or extend water supply facilities that are designed to comply with applicable federal laws and state drinking water supply requirements; and 2) to businesses and municipalities on behalf of business for projects that will create, improve or extend wastewater treatment facilities that are designed to comply with applicable federal and state water quality requirements. This funding will be made pursuant to the newly created Water 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 NYCRR Part 2606). All eligible projects must demonstrate an environmental or public health benefit.

The FAB Water Program is intended to help businesses and water suppliers on behalf of businesses, increase the availability and improve the quality of water supplies, and to help businesses and municipalities on behalf of business increase the availability and improve the quality of wastewater treatment facilities.

Assistance from the FAB Water Program will be available only to projects that are located in villages, towns and cities with a population of less than one million people.

II. PURPOSE OF THIS NOTICE

As required by Part 2606, this notice describes eligibility requirements for the FAB Water Program, the amount of funding available, the time period during which 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 NYCRR Part 2606. Terms used in this notice have the following meanings:

"Water supply project" means the planning, design, construction, improvement or acquisition of facilities, equipment, sites or buildings for the supply, control, treatment, distribution and transport of water supplies to ensure the integrity and quality of such water, including compliance with the federal Safe Drinking Water Act and other applicable federal and state drinking water supply standards.

"Wastewater Treatment Facility" means the planning, design, construction, improvement or acquisition of facilities, equipment, sites or buildings needed to reduce or prevent water pollution, including compliance with the federal Clean Water Act and other applicable federal and state water quality standards.

IV. DESCRIPTION OF ELIGIBLE PROJECTS

Projects eligible for funding under the FAB Water Program must demonstrate an environmental or public health benefit, and may include investments to construct, upgrade, improve or replace infrastructure which will provide to businesses: 1) water supplies which meet the requirements of the federal Safe Drinking Water Act and other applicable federal and state water supply requirements; or 2) wastewater treatment facilities which meet the requirements of applicable federal and state water quality requirements. Some other examples include:

Water Supply Projects:

rehabilitation or development of new water sources by or on behalf of business to replace contaminated supplies;
installation or upgrades of facilities that provide water to businesses if the project is needed to comply with primary or secondary standards or treatment/performance criteria or enable a public drinking water system to become viable;
installation or upgrading of storage facilities, including finished water reservoirs, to prevent microbiological contamination;
installation or replacement of transmission and distribution mains to prevent contamination caused by inadequately sized or constricted or failing mains;
funding and/or construction to promote the consolidation of water supply services, particularly in circumstances where individual businesses or water systems generally have an inadequate quantity of water, the public water system is not viable, the water supply is contaminated, or the system is unable to ensure compliance; and
the purchase of a portion of another system's capacity, if the purchase is part of a consolidation plan to bring the system(s) into compliance.

Wastewater Treatment Projects:

construction of new, expanded or rehabilitated wastewater treatment plants;
construction or upgrade of sludge treatment and disposal facilities, including biosolids reuse;
construction and rehabilitation of sewers; and
construction of septage handling and marine vessel pumpout and treatment facilities.

V. PROJECT SELECTION

All complete applications will be evaluated based upon characteristics of each proposed project. This evaluation will be based upon factors including, but not limited to:
the reliability and viability of the proposed system to provide a water supply or wastewater treatment to businesses;
the need to improve the water supply for public health reasons, including reducing exposure to microbiological contamination such as e coli, toxins and other contaminants;
any sanitary code violations, including inadequate source capacity, inadequate distribution pressures or uncovered finished water storage;
any water quality violations and threats to public health or the environment;
Once a decision to fund a project is made, EFC will notify successful project owners and execute a contract describing the rights and responsibilities of the parties. EFC will then begin processing the State Assistance Payments. No funds will be disbursed until all necessary permits and approvals for the project (including DOH approval to create, construct or modify a public water system, any SEQRA requirements and, if necessary, a DEC water supply permit) have been received.

VI. PROJECT COMPLETION DATE

All projects for which FAB Water money is awarded must be commenced within three (3) years of the signing of a contract between EFC and the project owner.

VII. AMOUNT OF FUNDING

EFC will make State Assistance Payments for not more than 75% of the cost of an eligible project on a reimbursement basis. EFC may award less than 75% of the cost of a project based upon a determination that the amount of the award will allow the project to proceed, given other sources of funding.

VIII. APPLICATION SCHEDULE

EFC will accept applications for State Assistance Payments under the FAB Water Program through January 25, 2001. Applications are available at the address listed below or on EFC's website, www.nysefc.org.

IX. ADDITIONAL REQUIREMENTS

(1) Project Limitations.
All recipients must pledge not to remove from the state any assets purchased with funds received from the FAB Water Program.

(2) Application Procedure
The procedures for administering the FAB Water Program, including the submission, review and approval of requests for State Assistance, will be governed by 21 NYCRR Part 2606.

X. INFORMATION AVAILABILITY

Any person seeking additional information or application material 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
E-mail: www.nysefc.org.whatsnew

PROPOSED RULEMAKING

Pursuant to Chapter 285 of the Laws of 2000 and Title 10 of Article 33 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives notice of the following proposed rule making action:

A new chapter 285 of the Laws of 2000, called the Neighbor Notification Law of 2000, added provisions to Title 10 of Article 33 regarding posting of notification markers for residential lawn application, posting of signs at certain retail establishments, and mandating neighbor notification of certain commercial lawn applications. This rule making addresses the mandates of the Neighbor Notification Law of 2000.

The proposed rule provides the details to implement the requirements of the Neighbor Notification Law of 2000. Details on the notification markers required to be posted for certain residential lawn applications; details on the design and location of signs required for certain retail establishments; and details on neighbor notification of certain commercial lawn applications are all established.

Public Hearings on the Proposed Rule Making are scheduled as follows:

January 8, 2001
9:00 a.m.
Melville Marriott/Long Island.
1350 Old Walt Whitman Road
Melville, NY 11747
(516) 423-1600

January 8, 2001
1:00 p.m.
Melville Marriott/Long Island.
1350 Old Walt Whitman Road
Melville, NY 11747
(516) 423-1600

January 9, 2001
9:00 a.m.
Century House Restaurant & Hotel
P.O. Box 1100, Route 9
Latham, NY 12110
(518) 785-0834

January 10, 2001
9:00 a.m.
Adam's Mark Buffalo
120 Church Street
Buffalo, NY 14202
(716) 845-5100

The comment period will close at 5:00 p.m. on January 16, 2001.

For further information, contact:
Al Muench, NYSDEC, Bureau of Pesticide Management, Division of Solid & Hazardous Materials 50 Wolf Road, Albany, NY 12233-7254
Telephone: (518) 457-7482
E-mail: pestmgt@gw.dec.state.ny.us