ENB - STATEWIDE NOTICES

        
Completed Applications Consolidated SPDES Renewals
Final Amendment # 3 to the Drinking Water State Revolving Fund Intended Use Plan issued September 28, 2001

DRINKING WATER STATE REVOLVING FUND

New York State Department of Health
Bureau of Public Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216

And

New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #3 to the Drinking Water State Revolving Fund Intended Use Plan issued September 28, 2001 was published in the June 5, 2002 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #3 closed on June 20, 2002. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

"The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 28, 2001, to adjust the estimated project cost for four DWSRF projects listed in the Project Readiness List. A project description and explanation of the reason for the cost increases are included in the table below:



Gypsy Trail Club

Putnam Upgrade Water Treatment Plant, Upgrade Storage, Upgrade Pump Station, Upgrade distribution 16988 $1,525,500 $1,633,340 The cost increase is the result of the engineer updating the original project estimate as plans and specifications were prepared.
Suffolk County Water Authority Suffolk Great Neck Iron removal, New water Treatment plant 16210 $1,017,000 $1,694,484 This project is currently under construction. The actual construction costs are higher than the original estimate made in 1997. The increases are primarily due to inflation and increased equipment costs.
Suffolk County Water Authority Suffolk Church street Iron removal, New Water treatment plant 16828 $1,317,580 $1,540,221 This project is currently under construction. The actual construction costs are higher than the original estimate made in 2000. The increases are primarily due to inflation and increased equipment costs.
Suffolk County Water Authority Suffolk Lakeview Iron Removal, Bayport, New water treatment plant 16830 $1,317,580 $1,514,943 This project is currently under construction. The actual construction costs are higher than the original estimate made in 2000. The increases are primarily due to inflation and increased equipment costs.

The Department has determined that the project cost increases are necessary, reasonable and consistent with the original project concept. In addition, the scope of the projects has not changed, nor have we altered the project priority rankings in any way. These project cost increases will not adversely affect any other project on the IUP Project Readiness List above the funding line. A portion of the proposed IUP cost increase for the Suffolk County Water Authority projects is related to required borrower debt service reserve funds that do not receive subsidy from the DWSRF. Except for the above-noted change, there is no other change to projects listed on the Project Readiness List or to the project priority rankings."

The revised Project Readiness List may be obtained by calling DOHs toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.

This notice was prepared and submitted by:

Charles Amento
Chief, Program Implementation Section
Bureau of Public Water Supply Protection
New York State Department of Health
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Phone Number: (518) 402-7650


Notice for State Revolving Fund Programs

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

Draft 2003 Intended Use Plans (IUPs)

Public Meeting And 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) 2003 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 financing between October 1, 2002 and September 30, 2003, the next IUP financing period.

ELIGIBLE PROJECTS:

Types of municipal point source and nonpoint source water pollution control projects eligible for CWSRF low interest financing include: sanitary sewers; wastewater treatment plants and pumping facilities; combined sewer overflow abatement 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; stormwater management facilities; Brownfields remediation; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality. Municipalities and not-for-profit organizations may apply for CWSRF financing for the acquisition of land to (1) protect water quality under Section 319 of the Clean Water Act or (2) to implement an approved National Estuary Plan under Section 320 of the Clean Water Act.

Types of municipal and privately-owned public water supply system projects eligible for DWSRF low interest financing 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 AND PROJECT LISTING:

Projects must be included on the Project Priority Lists (PPLs) in the IUPs to receive State Revolving Fund (SRF) financing. Municipalities, not-for-profit organizations or public water supply systems interested in financing one or more projects not currently listed in the draft CWSRF IUP or draft DWSRF IUP should submit the appropriate IUP project listing information before Friday, August 16, 2002 to the DOH for DWSRF projects and before Friday, August 23, 2002 to the EFC for CWSRF 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 financing of point source or nonpoint source projects in the Annual List of the CWSRF IUP or to submit an application for any type of CWSRF financing. For listing a land acquisition project, an acceptable management or conservation plan may be used as the engineering or technical report. CWSRF projects will be financed to the extent that sufficient funds are available for the effective period of the CWSRF IUP.

For DWSRF projects, an applicant must have submitted an engineering report or plans and specifications to the DOH by August 16, 2002, 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 2003 IUPs will be mailed to certain municipal officials, system owners, advisors, consulting firms, not-for-profit land trust organizations and other interested parties in late-June. Copies of the draft IUPs will be available at New York State Documents Depository Libraries. The CWSRF IUP will also be available on the EFC '''web page" at www.nysefc.org (select "Clean Water" or "What's New"). 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 July 23, 2002 public meeting and hearing, at the hearing, and after the hearing until the end of the comment periods. Written and oral statements will be made part of the official records. Written statements or comments on the draft IUPs should be filed with the following programs by close of business on the dates as indicated below:

CWSRF Program:

Submit comments by: Friday, August 23, 2002

Submit comments to: Mr. Robert Davis, PE
Director, Program Management Division
New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
FAX: (518) 402-7456

DWSRF Program:

Submit comments by: Friday, August 16, 2002

Submit comments to: 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 AND HEARING:

A joint public meeting and hearing will be held to review the draft FFY 2003 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.

DATE CITY/COUNTY TIME LOCATION
Tuesday
July 23, 2002
Town of Colonie
Albany County
1:00 PM William K. Sanford Town Library
The Stedman Room
629 Albany Shaker Road
(Exit 4 off I-87)
( ¼ mile east on Albany Shaker Road)
Albany, 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) and get in right lane. Make a right onto Albany Shaker Road. The Town Library is about ¼ mile 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 Road, go under the I-87 overpass and get in the center lane continuing straight on Albany Shaker Road. The Town Library is about ¼ mile on the left.

APPLICATION PACKAGES AND; DUE DATES:

Copies of the FFY 2003 CWSRF and DWSRF Application Packages will be mailed to applicants with projects on the draft 2003 CWSRF or DWSRF IUPs that may be ready for financing during this IUP financing period (October 1, 2002 to September 30, 2003). Copies of the application packages will also be available at the public meeting and hearing. For a copy of the FFY 2003 CWSRF or DWSRF Application Package, please call the EFC office listed at the end of this notice or refer to the web page.

The CWSRF and DWSRF Application Packages can be used to apply for both short-term and long-term financing. Short-term loans can finance project design and construction start-up costs until the short-term financing can be rolled over into a long-term financing. Multiple projects can be financed with one long-term financing if the projects are ready in the same IUP financing period and are fundable on the PPL. The CWSRF and DWSRF 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. There is a separate DWSRF Application Package to be used by privately-owned water systems when applying for DWSRF financing. There is also a separate application package to be used by not-for-profit organizations applying for CWSRF financing of land acquisition projects.

Applications for CWSRF and DWSRF financing are accepted on a continuous basis. Complete applications for the Winter Pool long-term leveraged financings must be submitted by October 1, 2002 for the CWSRF program and by October 15, 2002 for the DWSRF program, with closing targeted for early March 2003. Complete applications for the Summer Pool long-term leveraged financings must be submitted by March 3, 2003 for both SRF programs, with closing targeted for late July 2003. Complete applications for CWSRF direct long-term financing or short-term financing must be submitted before May 1, 2003 for financing in this IUP period. Complete applications for DWSRF non-hardship direct long-term financing must be submitted before April 1, 2003 for financing in this IUP period. Applications for DWSRF short-term financing must be submitted before May 1, 2003. Applicants who have received a DWSRF confirmation letter regarding a hardship determination on their project should submit the application package prior to the date indicated in their confirmation letter.

CWSRF short-term financing 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 applicable application requirements. Short-term applications will be accepted on a first come/first served basis, up to the amount available for short-term financing. Some applicants constructing sewage treatment projects serving residential areas may qualify for reduced interest or interest-free direct long-term financing based on submittal of a CWSRF hardship application and a subsequent determination of financial hardship.

DWSRF short-term financing will be available for projects on the IUP Project Readiness List that have a project priority score placing the project above the funding line on the IUP and that meet all applicable application requirements. DWSRF short-term financing is limited to an amount not to exceed one-third of the estimated total project costs, including a short-term administration fee, as set forth in the Project Readiness List. Recipients of DWSRF hardship confirmation letters will not be subject to the one-third IUP cost limitation or the administration fee. Some eligible disadvantaged communities may apply for DWSRF Additional Financing Subsidies (Grants) beyond the interest-free rate. DWSRF Financial Hardship Applications for the next IUP period must be submitted to the DOH by December 2, 2002.

EFC AND DOH CONTACTS:

For a copy of the draft FFY 2003 IUP, assistance with the IUP listing process, or for information on these SRF programs, please contact:

CWSRF: Mr. David Morseman
Program Services Representative III
Program Management Division
New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
(800) 882-9721 (within NYS only) or (518) 402-7433
FAX: (518) 402-7456
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
458-1158 ext. 27650 (within NYS only) or (518) 402-7650
FAX: (518) 402-7689

LISTING FORMS AND APPLICATION PACKAGES:

For a copy of the CWSRF Project Listing Form, the DWSRF Pre-Application Form, the CWSRF or DWSRF Application Package, or the CWSRF or DWSRF Financial Hardship Application, please contact Mr. Morseman at the above EFC address or phone number.


Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 11-0303, 11-0307, 11-0903, 11-0905, 11-0909 and 11-0917, the Department of Environmental Conservation hereby gives notice of the following:

Proposed amendments to regulations 6NYCRR Section 2.30 relating to the hunting of migratory birds.

For further information contact:

Gordon Batcheller
625 Broadway - 5th Floor
Albany, New York 12233-4754
Phone: (518) 402-8885
E-mail: grbatche@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law, Sections 11-0303, 11-0903, 11-0905, 11-0907, 11-0911, 11-0913, and 11-1103, the Department of Environmental Conservation hereby gives notice of the following:

Proposed amendments to regulations 6NYCRR Parts 1, 6 and 180 relating to the harvest reporting and deer management permit issuance procedures as necessitated by the Department's new Automated Licensing System.

For further information contact:

Robert Sanford
625 Broadway - 5th Floor
Albany, New York 12233-4754
Phone: (518) 402-8866
E-mail: rmsanfor@gw.dec.state.ny.us


Public Notice

ENVIRONMENTAL FACILITIES CORPORATION
NOTICE OF FINAL DESCRIPTION OF ELIGIBLE PROJECT CATEGORIES
OTHER AIR PROGRAM
HEAVY DUTY INSPECTION AND MAINTENANCE PROGRAM

I. BACKGROUND, SCOPE AND APPLICABILITY

The New York State Environmental Facilities Corporation (EFC) will provide $1.15 million to establish a program to provide funding to owners of public heavy duty inspection and maintenance stations, other service stations that provide emissions tests to the public, and municipalities that purchase new emissions testing equipment capable of testing emissions from diesel engines. The purchase and use of this new equipment in conjunction with New York State’s Heavy Duty Inspection and Maintenance Program (HDI&M) will reduce pollution from diesel vehicles and improve air quality and public health. Funding will be made pursuant to the HDI&M Program within the Other Air Program that was created by the Clean Water/Clean Air Bond Act of 1996.

The Other Air HDI&M Program is intended to partially reimburse owners of Eligible Businesses and municipalities that purchase new Eligible Smokemeters, that have been certified by the New York State Department of Environmental Conservation (NYSDEC), as complying with new state regulations (6 NYCRR Part 217-5). Under the Other Air HDI&M Program, EFC will provide financial assistance to Eligible Businesses located within the New York City Metropolitan Area (NYCMA) of $1,000 and to municipalities and Upstate Eligible Businesses of $2,000. The reasoning for the different levels of funding is based upon distinctions found in state law. Specifically, all heavy duty vehicles with diesel engines located in the NYCMA are or will be required to pass an emissions test prior to being registered by the New York State Department of Motor Vehicles (NYSDMV) and all NYSDMV licensed public heavy duty safety inspection stations in the NYCMA will be required to purchase certified smokemeters in order to retain their inspection business licenses. Thus, these downstate businesses will have a substantial customer base from which they can recoup a larger percentage of their investment. In contrast, municipalities and upstate businesses that purchase eligible smokemeters are not required to purchase these machines as a condition of receiving a license from NYSDMV.

The Other Air HDI&M Program applies to: (1) service stations which are located within NYCMA (i.e., Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester counties); (2) service stations located outside of the New York City Metropolitan Area; and, (3) municipalities. Funding from this program will not be available to private fleet operators who do not offer emission tests to members of the general public.

II. PURPOSE OF THIS NOTICE

This notice describes eligibility requirements for the Other Air HDI&M 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 6 NYCRR Part 217-5. Terms used in this notice have the following meanings:

“Downstate Eligible Business” means a business located in the Counties of Nassau, New York, Kings, Queens, Bronx, Richmond, Rockland, Suffolk or Westchester that is registered by the New York State Department of Motor Vehicles as either a light duty public emissions inspection station or a heavy duty public emissions inspection station.

“Eligible Business” means a Downstate Eligible Business or an Upstate Eligible Business.

“Eligible Smokemeter” means smoke measurement equipment designed and manufactured in accordance with specifications set forth in 6 NYCRR Part 217-5.6. Only a smokemeter certified by NYSDEC and operated in accordance with the manufacturer’s operating procedures shall be considered an eligible smokemeter for purposes of this Notice.

“Heavy duty vehicle” means a vehicle that has a Gross Vehicle Weight Rating exceeding 8,500 pounds and is designed primarily for transporting persons or properties.

“Municipality” means any County, City, Town, Village or School District.

“New York City Metropolitan Area (NYCMA)” means the Counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester.

“Upstate Eligible Business” means a business not located in the New York City Metropolitan Area, that is registered by the New York State Department of Motor Vehicles as either a light duty public safety inspection station or a heavy duty public safety inspection station.

“Useful life” means the number of years the Eligible Smokemeter is expected to remain in service.

IV. DESCRIPTION OF ELIGIBLE PROJECTS

Pursuant to 6 NYCRR Part 217-5, NYSDEC has compiled and maintains a list of all Eligible Smokemeters certified as being designed and manufactured to meet the requirements of this regulation. Any owner of a Downstate Eligible Business, Upstate Eligible Business or municipality that purchases a certified Eligible Smokemeter or meters may apply for funding under this program.

V. DETERMINATION OF USEFUL LIFE

For the purpose of the Other Air HDI&M Program, the useful life of such Eligible Smokemeters 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 of the Eligible Smokemeter:

For Downstate Eligible Businesses: $1,000 for each Eligible Smokemeter purchased.

For Municipalities and Upstate Eligible Businesses: $2,000 for each Eligible Smokemeter purchased.

No applicant will be eligible for more than five (5) state assistance payments.

VII. APPLICATION SCHEDULE

EFC will accept requests for state assistance under the Other Air HDI&M Program through December 31, 2002.

VIII. FUNDING SCHEDULE

Until the $1.15 million budget for the program is depleted, EFC will provide state assistance for the purchase of Eligible Smokemeters listed in this Notice, on a first-come, first-served, basis.

IX. ADDITIONAL REQUIREMENTS

(1) Project Limitations.
Eligible Businesses and municipalities purchasing multiple Eligible Smokemeters may submit requests for state assistance for up to five (5) such smokemeters regardless of location.

(2) Program Duration.
Subject to the availability of funds and the other eligibility criteria set forth in this notice, the owner of an Eligible Business or municipality will be eligible for state assistance if the owner has purchased an Eligible Smokemeter after August 1, 1996, and before December 31, 2002.

(3) Application Deadline
Requests for state assistance under the Other Air HDI&M will be accepted until December 31, 2002. The required application 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 Other Air HDI&M Program, including the submission, review and approval of requests for state assistance, will be guided by 21 NYCRR Part 2606.

(5) Proof of Insurance
As part of its request for state assistance, the owner of an Eligible Smokemeter that is not a municipality may be required to 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
625 Broadway
Albany, NY 12207-2997
Telephone (800) 200-2200
Fax (518) 486-9248


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 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 (6N.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 6N.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 6N.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 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 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, 2002.

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, 2002.

(3) Application Deadline
Requests for state assistance under the FAB Dry Cleaner Program will be accepted until December 31, 2002. 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 21N.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 6N.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
625 Broadway
Albany, New York 12207-2997
Telephone (800) 200-2200
Fax (518) 486-9248