ENB - STATEWIDE NOTICES

        
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Public Notice

Proposed Amendments to Solid Waste Regulations - 6 NYCRR Part 360

Notice is hereby given that the New York State Department of Environmental Conservation (NYSDEC), pursuant to Environmental Conservation Law Article 3, Title 3; Article 27, Titles 1, 7, & 13; Article 71, Title 27; Article 19, Title 3; and Article 71, Title 19, proposes to amend the 6 NYCRR Part 360 solid waste regulations. Section 360-2.21 will be repealed, since it has been superseded by Part 208. References in subdivision 360-2.3(p) and section 360-2.15 to section 360-2.21 will be replaced with references to Part 208.

This consensus rulemaking will finalize the changes proposed and approved through a rulemaking process completed by the Division of Air Resources to incorporate landfill gas regulations into Part 208. The associated changes to Part 360 were part of this rulemaking process, but we not included in the package that was filed for adoption with the Department of State.

Written statements may be filed until close of business, June 14, 2002, with Ms. Deborah Aldrich, NYSDEC, Division of Solid &Hazardous Materials, 625 Broadway, Albany, New York 12233-7250, faxed to: (518) 402-9024 or e-mailed to dlaldric@gw.dec.state.ny.us

To obtain additional information, please contact Deborah Aldrich at (518) 402-8730.


New York State Department of Environmental Conservation
Public Notice of Environmental Board Meeting

The State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., May 3, 2002 in Room 129B of the Departmentís main offices at 625 Broadway, Albany, New York.

The Environmental Board will consider the following rulemaking action of the Department of Environmental Conservation:

This meeting is open to the public.

Ruth L. Earl
Executive Secretary
State Environmental Board


Notice of Availability of the Joint New York/Vermont
Total Maximum Daily Loads/
Wasteload Allocations/
Load Allocations (TMDL/WLA/LA)
For Phosphorus in the Lake Champlain Basin

The New York State Department of Environmental Conservation (NYSDEC) and the Vermont Department of Environmental Conservation (VDEC) have jointly completed the Total Maximum Daily Load (TMDL) analysis for phosphorus for the Lake Champlain basin. The TMDL identifies sources of phosphorus to Lake Champlain and the reductions necessary to restore and protect water quality. This notice announces the availability of the of the proposed TMDL for Lake Champlain. A forty-five day public review period has been established during which written comments may be submitted on the TMDL. Details regarding availability of information, comment submission, and public information meetings are presented below.

INFORMATION: The proposed TMDL/WLA/LA information is included in a NYSDEC/VDEC document entitled Lake Champlain Phosphorus TMDL dated April 29, 2002. This document is available at the following website:

www.dec.state.ny.us/website/dow/tmdl.html

or by contacting the NYSDEC Bureau of Watershed Management, by phone at 518-402-8250 or mail at NYSDEC, 4th Floor, 625 Broadway, Albany, NY 12233-3508.

PUBLIC MEETINGS: Two public informational meetings will be held to discuss and answer questions on the Lake Champlain TMDL process.

COMMENTS: Comments on the Lake Champlain TMDL and NYSDEC's decisions will be accepted until Friday, June 14, 2002. Comments will be considered in finalizing the TMDL which will be submitted to USEPA Regions 1 and 2 for review and approval. Please submit comments to: Mr. Richard E. Draper, P.E., Director, Bureau of Watershed Management, NYSDEC, 4th Floor, 625 Broadway, Albany, NY 12233-3508.


Pursuant to an agreement (the "Agreement") between the Attorney General of the State of New York (the "Attorney General") and Philip Metals, Inc. ("Philip") dated April 6, 2001, Philip agreed to deposit $750,000 into an escrow account to be used for the

As contemplated by the Agreement, the Palisades Interstate Park Commission ("PIPC") intends to utilize the funds to acquire two parcels of property consisting of a total of approximately 144 acres. The larger parcel, containing 125.713 acres, is situated within the Town of Monroe and is shown as Proposed Lot #2 on a certain map entitled "Arow Farms Assoc., Inc. DBA Arrow Park, Inc. Minor Subdivision, Subdivision Plat" by Lehman & Getz, P.C. dated 10/02/01, last revised 2/6/02, consisting of three sheets and filed in the Office of the Orange County Clerk. The smaller parcel, containing18.754 acres, is situated within the Town of Tuxedo, designated as Town of Tuxedo tax map Section 1, Block 1, Parcel 14.5. Upon completion of the acquisitions, the acquired properties shall be held and maintained by PIPC as parkland.

As further provided by the Agreement, interested members of the public are hereby invited to submit comments regarding the proposed acquisitions by close of business on May 30, 2002. All such comments should be sent to:

Hugh L. McLean, Assistant Attorney General, Criminal Prosecutions Bureau, New York State Attorney Generalís Office, 120 Broadway Room 22D64, New York, New York 10271-0332


Pursuant to the Environmental Conservation Law, Sections 3-0301, 11-0325 and 11-1905 the Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption of 6NYCRR Part 189 relating to banning the importation of deer, moose and elk in regards to Chronic Wasting Disease. This regualtion was effective upon filing on April 12, 2002 and is to be published in the New York State Register dated May 1, 2002.

For further information contact: Patrick Martin, Division of Fish, Wildlfe and Marine Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4750, Phone: (518) 402-8995, E-mail: pxmartin@gw.dec.state.ny.us


Draft Amendment No. 1 to the FFY 2002 CWSRF Intended Use Plan Not-For-Profit Land Acquisition Financing and Fund Revisions

The Federal Fiscal Year (FFY) 2002 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September 2001, is being amended.

The New York State Environmental Facilities Corporation ("EFC"), together with the New York State Department of Environmental Conservation ("DEC"), administers the Clean Water State Revolving Fund ("CWSRF"). Since it began operating in 1990, the CWSRF program has made over $6.3 billion in project loans to over 390 municipalities and public agencies for water pollution control projects and has saved these municipalities and agencies millions of dollars through interest rate subsidies. Land may be acquired for water quality protection purposes under Sections 319 (Nonpoint Source) or 320 (National Estuaries) of the Clean Water Act. The United States Environmental Protection Agency ("EPA") has promoted the use of the CWSRF for this purpose.

In January of 2002, Governor George E. Pataki announced New York State's goal of preserving over one million acres of open space over the next decade. The CWSRF can be used to help accomplish this goal. CWSRF financing can be used to acquire land for the purpose of protecting water quality and implementing the state's approved national estuary plans. Land acquisition includes the outright purchase (fee simple) of property as well as the purchase of conservation easements and development rights. Financing through the CWSRF will be available to not-for-profit organizations as well as municipalities.

Also the funds available for financing projects will be increased. The Federal 2002 Capitalization Grant with the required 20% State match increased from $159.1 million to $176.6 million based on the actual grant awarded by the USEPA. The change will increase the amount available for Short-Term Financing (STF) from $291.3 million to $308.2 million. Amendment No. 1 includes adjustments to the sources and uses of funds. This will have no change in the funding of all projects listed for long-term financing on the "Annual Project Priority List"

The application process and eligibility requirements for this form of CWSRF financing will not differ materially from those already in place for the CWSRF program. Fees and subsidy rates for not-for-profit organization financings will be the same as those for long-term leveraged and long-term direct loans as described in the FFY 2002 IUP. The first projects eligible for not-for-profit financing will be those listed in Category C of the Multi-Year CWSRF Project Priority List of the FFY 2002 IUP for the financing period October 1, 2001 through September 30, 2002.

Copies of Draft Amendment No. 1 can be requested by calling the EFC toll-free line at (800) 882-9721 (within NYS only) or at (518) 402-7433. Copies of the draft amendment will be mailed to those municipalities and interested parties who were mailed the final FFY 2002 CWSRF IUP in September 2001 and to other interested parties. The Draft Amendment No. 1 will also be available on the EFC web site at www.nysefc.org (click on "What's New").

Written comments on Amendment No. 1 to the CWSRF IUP will be accepted by mail or fax until close of business, Friday, May 17, 2002. Comments should be addressed to: Mr. David Morseman, Program Services Representative III, Program Management Division, NYS Environmental Facilities Corporation, 625 Broadway, Albany, New York 12207-2997, fax: (518) 402-7456


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Second Quarter Update of the FFY 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) have prepared the Second Quarter Update of the 2002 CWSRF Intended Use Plan. The Second Quarter Update will provide interested parties with new and updated information regarding projects listed in the 2002 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 remaining Federal Fiscal Year (FFY) 2002, 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, 2002.

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 Second Quarter Update will be accepted by fax or mail until close of business, Friday, May 17, 2002. A final Second Quarter Update 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 IUP Second Quarter Update, information on how to list a project on the IUP or additional information on the CWSRF program consult EFC's web site at www.nysefc.org or contact Mr. Morseman at EFC's 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 be viewed on EFC's web site.

Public Notice

14th Annual Pollution Prevention Conference
May 29-31, 2002
Crowne Plaza Albany Hotel

"Pollution Prevention Through Energy Efficiency"

Keynote Speaker: Congressman Sherwood L. Boehlert
Plenary Speakers: NYSDEC Commissioner, Erin M. Crotty; NYSERDA President, William M. Flynn; NYS Public Service Commission Chairman, Maureen O. Helmer
Other Key Speakers: Paul DeCotis, Program Director, NYSERDA; David Wooley, Senior Fellow, Pace University Law School; and Michael Arny, Director, Leonardo Academy
Invited: Governor George E. Pataki

Join other environmentalists; business, trade, and industry representatives, scientific and academic professionals, environmental groups, and government officials.

Presentation of the 2002 NYS Governorís Awards for Pollution Prevention Case Studies of the previous two yearís winners will also be presented

General Topics covered this year include: Improving Industrial Efficiency, Commercial and Industrial Energy Efficiency, Residential Energy Efficiency, Environmental Management Systems, Promoting Pollution Prevention and Energy Efficiency, Green Buildings, Market for Renewables, Transportation and Alternative Fuels, and Sustainability. Exhibitor presentations. Pollution Prevention tour hosted by a local organization.

Sponsored by: New York State Department of Environmental Conservation Pollution Prevention Unit Co-sponsored by: New York State Energy Research and Development Authority New York State Public Service Commission The Business Council of New York State, Inc.

***Please visit our web site www.dec.state.ny.us/website/ppu***

Dottie Oí Hare (518) 402-9469; fax: (518) 402-9470
Exhibitor Contact: Carlos Montes (518) 402-9469; email: clmontes@gw.dec.state.ny.us