ENB - STATEWIDE NOTICES

        
Completed Applications Consolidated SPDES Renewals
Public Notice

Proposed Department-Initiated Renewal of the NYSDEC Title V Facility General Permit for Small Combustion Installations

The New York State Department of Environmental Conservation (NYSDEC) has prepared a draft permit pursuant to Article 19 (Air Pollution Control) of the Environmental Conservation Law, implementing regulations 6NYCRR Subpart 201-6, and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve the renewal of the Title V Facility General Permit for Small Combustion Installations (i.e., maximum heat input of 100 mmBtu/hr/source, 250 mmBtu/hr/emission point) for the control of emissions to the atmosphere from major facilities. The operations to be covered under the General Permit are limited to those combustion sources which comply with the conditions of the permit. Combustion sources which may be eligible under the General Permit include boilers and reciprocating internal combustion diesel engines. Such combustion sources would most likely be used in an industrial, commercial, or institutional setting.

The General Permit will be valid for a period of five years. Applicants will be required to make application and receive written authorization before any activity as described in the General Permit may occur. These applications will be reviewed for applicability in accordance with NYSDEC rules and regulations found in 6NYCRR Parts 621, 201 and any other related regulations. An individual facilityís authorization to operate under the General Permit will be valid until the end of the five year period. NYSDEC retains the discretion to require that any applicant for the General Permit apply for and obtain an individual permit if it determines that unique site specific circumstances warrant additional limitations or permit conditions to control or mitigate environmental impacts that were not considered and addressed in the development and issuance of the General Permit.

Prior to expiration of the General Permit, NYSDEC may renew or issue a modified General Permit for a new five year term following public review and comment. All authorized permittees must re-apply for the General Permit, as it may exist at that time, if he or she wishes to continue to operate under its conditions and limitations.

Persons wishing to inspect the draft permit and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative below. It is recommended that an appointment be made to confirm the availability of the subject files. The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.

DEC will evaluate comments received on the proposed General Permit to determine whether to hold a public hearing. A public hearing may be legislative or adjudicatory. A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DECís determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination. An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist. A copy of the Departmentís permit hearing procedures is available upon request or on the Departmentís web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm

In accordance with 6NYCRR Parts 621.5(b)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

State Environmental Quality Review (SEQR)
Determination: Project is not subject to SEQR because it is a Type II action.

Opportunity for Public Comment: Comments on this project must be submitted in writing to the Contact Person no later than April 15, 2002.

Contact: Mr. Stuart M. Fox, Environmental Analyst 2, NYS Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, phone: (518) 402-9157; fax: (518) 402-9167; email: smfox@gw.dec.state.ny.us


This notice announces the availability of the Draft New York State 2002 Section 303(d) List of Impaired Waters. The list includes those waters that do not support appropriate uses and identifies those waters that require and are scheduled for Total Maximum Daily Load (TMDL) development. Also available for public review and comment is the NYSDEC Consolidated Assessment and Listing Methodology. Public comment on these documents will be accepted for 45 days, through April 30, 2002.

BACKGROUND: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to develop a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State waters. The CALM describes the water quality assessment and Section 303(d) listing process in order to improve the consistency of assessment and listing decisions.

The Draft Section 303(d) List of waters requiring a TMDL is segmented into three Parts:

a) Waters Impaired by Atmospheric Deposition (acid rain),
b) Waters Impaired by Fish Consumption Advisories,
c) Waters Impaired by Shellfishing Restrictions.

A list of "de-listed" waters (listed on the 1998 Section 303(d) List, but not on the 2002 List) and their reason(s) for de-listing is also included with the Draft Section 303(d) List.

INFORMATION: Copies of both the Draft New York State 2002 Section 303(d) List and the Consolidated Assessment and Listing Methodology are available on the NYSDEC website at: www.dec.state.ny.us/website/dow/303dcalm.pdf or can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Research by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179. Public comments regarding the Section 303(d) List and/or the Methodology should be mailed to the Bureau of Watershed Assessment and Research at the above address.


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Supplement to First Quarter Update of the 2002 Intended Use Plan (IUP)

The 2002 IUP for the CWSRF was issued in September 2001. 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 financing.

The New York State Environmental Facilities Corporation (EFC) and the Department of Environmental Conservation (DEC) recently issued the final First Quarter Update of the 2002 CWSRF Intended Use Plan which provided interested parties with new and updated information regarding projects listed in the 2002 IUP Annual and Multi-Year Project Priority Lists (PPL).

A notice regarding the draft First Quarter Update was published in the January 2, 2002 issue of the Environmental Notice Bulletin (ENB). Comments were accepted until close of business, Friday, January 18, 2002. The City of New York has requested the addition of numerous projects to the Annual Project Priority List that are expected to be financed before the Second Quarter Update to the IUP is finalized. A Supplement to the FFY 2002 First Quarter Update has been prepared to accommodate these requests. There will be no impact on the financing of projects previously listed in the September 2001 IUP or the January 2002 First Quarter Update.

This Supplement contains lists of New York City projects that are expected to qualify for and receive long-term financing prior to September 30, 2002. Notations have also been added to these lists to facilitate identification of new projects, projects retargeted from the Multi-Year List to the Annual List and project changes.

Comments on the Supplement to the First Quarter Update will be accepted by fax or mail until close of business, Friday, March 29, 2002. A final Supplement will be published only if changes are made as a result of public comment. Comments can be addressed by fax at (518) 402-7456 or by mail to Mr. David Morseman, Program Services Representative III, Program Management Division, New York State Environmental Facilities Corporation, 625 Broadway, Albany, New York 12207-2997.

If you would like a copy of the Supplement to the First Quarter Update, or additional information on the CWSRF program and how to list a project on the IUP, please refer to EFCís web site at www.nysefc.org or contact Mr. Morseman at EFCís toll-free information line (800) 882-9721 (within NYS only) or (518) 402-7433. 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 also be viewed on EFCís web site


Governor's Awards for Pollution Prevention

Notice for the Ninth Annual NYS Governor's Award for Pollution Prevention

Applications are now available for the New York State Ninth 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 three 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, 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, and 3) continuous improvement: this category is for organizations that demonstrate a longer term commitment to pollution prevention and continue to develop and implement pollution prevention programs and achieve results. Nominations for awards will be made to Governor Pataki by the Department of Environmental Conservation based on recommendations from a selection committee.

Criteria to be considered for the applicants include: waste volume/toxicity reduction, overall environmental benefits, overall economic benefits, improvement in worker safety, innovations in technology, process or education program, level of management commitment, and transferability.

IMPORTANT NOTICE: Presentation of the awards will be during the Fourteenth Annual Pollution Prevention Conference to be held in May 29-31, 2002 at the Crowne Plaza Hotel in Albany. The winners will be notified a week prior to the presentation of the awards. The deadline indicated in the brochure to apply for the awards is April 30, 2002. The application package is available through the DECís website: www.dec.state.ny.us/website/ppu/p2gov.html

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, 625 Broadway, Albany, NY 12233-8010, telephone (518) 402-9476, Fax (518) 402-9470, email clmontes@gw.dec.state.ny.us