ENB - STATEWIDE NOTICES

PUBLIC NOTICE
Clean Water State Revolving Fund (CWSRF) for Water Pollution Control First Quarter Update of the FFY 2001 Intended Use Plan (IUP)

The 2001 IUP for the CWSRF was issued in September 2000. Since that time, municipalities have requested funding for additional projects. Municipal water quality protection projects must be included in the IUP to receive low interest rate loans.

The New York State Environmental Facilities Corporation (EFC) and the Department of Environmental Conservation (DEC) have prepared the First Quarter Update of the 2001 CWSRF Intended Use Plan. The First Quarter Update will provide interested parties with new and updated information regarding projects listed in the 2001 IUP Annual and Multi-Year Project Priority Lists (PPL).

Information updated in the priority lists includes: new projects added, projects that will be ready for financing during Federal Fiscal Year (FFY) 2001, projects requiring additional funds, revised project scores, and miscellaneous changes. Notations have been added to the lists to facilitate identification of new projects and project changes. Projects added to the Annual PPL are those expected to qualify for and receive long-term financing prior to September 30, 2001.

The Multi-Year PPL is an inventory of all projects for which municipalities have expressed interest in CWSRF financing. New projects are added to the Multi-Year PPL as they are identified by municipalities. This facilitates applications for short-term financing as a municipality could immediately qualify for a short-term loan, provided the project meets environmental significance criteria, has a project score above any long-term funding line in its project category, the municipality has an approved technical planning report, and has completed the environmental review process for CWSRF projects. There is no priority list for short-term loans, which are processed on a first-come, first-served basis upon receipt of a complete application up to the amount allocated for short-term loans in the IUP.

Comments on the First Quarter Update will be accepted by fax or mail until close of business, Friday, January 12, 2001. A final First Quarter Update will be published only if changes are made as a result of public comment. Comments can be addressed by fax at (518) 485-8494 or by mail to 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.

If you would like a copy of the First Quarter Update, or additional information on the CWSRF program and how to list a project on the IUP, please contact Mr. Morseman at EFC’s toll-free information line (800) 882-9721 (within NYS only) or (518) 457-3833. Written requests for CWSRF program information should be addressed to Mr. Morseman at the above address. Information on the CWSRF and other EFC programs can be viewed on EFC’s web site at www.nysefc.org.


Pursuant to the Environmental Conservation Law, Sections 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(b), 3-0301(1)(d), 3-0301(2)(m), 9-0105(1), 9-0105(3) and Executive Law Section 816(3), the Department of Environmental Conservation hereby gives notice of the following:

Adoption of emergency High Peaks Wilderness Area regulations, including adoption of amendments to 6 NYCRR Section 190.0 and a new 6 NYCRR Section 190.13.

For further information, contact:
Thomas Wolfe
Bureau of Public Lands
NYS Dept. of Environmental Conservation
50 Wolf Road, Room 438
Albany, NY 12233-4255
(518) 457-7433


Note: Below is a revised version of a Notice of Final Description of Eligible Project Categories that was published in the State Register on November 22, 2000. The only revision is to increase the duration of the program and thus the number of businesses and water suppliers who will be eligible to receive funding under this program. Specifically, the last date that applications will be accepted is extended from January 25, 2001 until April 25, 2001.

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

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:

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 Program 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 April 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 21NYCRR. 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
email www.nysefc.org.whatsnew


Note: Below is a revised version of a Notice of Final Description of Eligible Project Categories that was published in the State Register on March 3, 1999 and July 28, 1999, December 29, 1999 and July 26, 2000. The only revision is to increase the duration of the program and thus the number of dry cleaners who will be eligible to receive funding under this program. Specifically, the last date that applications will be accepted is extended from December 31, 2000 until May 31, 2001 and III. DEFINITIONS (7) PERC (3rd sentence) The chemical formula for PERC is C12C:CC12. Should be changed to C12C=CC12.

ENVIRONMENTAL FACILITIES CORPORATION 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 NYCRR Part 2606).

The FAB Dry Cleaner Program is intended to help owners of dry cleaning facilities comply with new state regulations (6NYCRR 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 (100) 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 NYCRR 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 6NYCRR 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 6NYCRR 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 adsorber).

(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 seven (7) 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 May 31, 2001.

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 May 31, 2001.

(3) Application Deadline
Requests for state assistance under the FAB Dry Cleaner Program will be accepted until May 31, 2001. 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 21NYCRR 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 6NYCRR 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