ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

PUBLIC NOTICE

PROPOSED LIST OF RECOMMENDED
WATER QUALITY IMPROVEMENT PROJECTS UNDER THE
CLEAN WATER/CLEAN AIR BOND ACT OF 1996

The New York State Department of Environmental Conservation ("NYSDEC"), as authorized by Title 3, Section 56-0303 of the Environmental Conservation Law, known as the 1996 Clean Water/Clean Air Bond Act, and in accordance with subdivision 3 of Section 56-0303 of Environmental Conservation Law has compiled an eligible project list for the New York Harbor Estuary using the project eligibility and ranking guidelines. This list is subject to a forty-five-day review and comment period by the appropriate management conference, advisory committee or advisory council prior to finalizing such list of projects.

The New York State Department of Environmental Conservation, in cooperation with the New York State Departments of State and Agriculture and Markets, proposes the Water Quality Improvement Projects listed in the charts below to be funded with 2001-02/2002-03 State capital appropriations under Title 3, Section 56-0303 of the Clean Water/Clean Air Bond Act of 1996.

The following types of Water Quality Improvement Projects were considered for funding: (1) wastewater treatment improvement projects; (2) agricultural and nonagricultural nonpoint source abatement and control projects; (3) aquatic habitat restoration projects.

Projects eligible to be funded are Water Quality Improvement Projects to implement management plans for New York Harbor Estuary.

The Department of Environmental Conservation (DEC) reviewed more than 700 Water Quality Improvement Project applications submitted statewide from municipalities, Soil and Water Conservation Districts, and State agencies. The proposed list of projects to be funded have all of the characteristics listed below. The projects:

The DEC will accept comments on the proposed list of projects to be funded during a 45-day public comment period which ends March 14, 2002. Written comments should be addressed to Bond Act, Water Quality Improvement Projects, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500.

During the comment period DEC will discuss the proposed list of projects for each Management Plan area with the appropriate committee coordinating the implementation for that Management Plan area. The list of Bond Act projects to be funded for the applicable project categories will be finalized and published in the Environmental Notice Bulletin following the public comment period and the management committee review.

Management Plan: New York Harbor Estuary

The New York Harbor Estuary Management Plan identifies one high priorities: aquatic habitat restoration, including sediment remediation. The secondary priority is mitigation of impacts to resources caused by toxics, dredged material, pathogens, floatables and nitrogen.

2001
WQI
COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
5270 Kings Hendrix Creek Wetland Restoration New York, City $100,000 $50,000
5171 Queens Jamaica Bay Tidal Marsh Island Restoration NYS-DEC $2,000,000 $1,000,000
4361 Queens Meadow Lake Water Quality and Habitat Improvement New York City Department of Parks $1,200,000 $600,000

NOTICE OF PUBLIC HEARING

NYS Department of Environmental Conservation

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, notice is hereby given that the New York State Department of Environmental Conservation (Department), will hold joint hearings on amendments to proposed rules, 6 NYCRR Part 228, Surface Coating Processes, and Part 200, General Provisions, and on New York’s State Implementation Plan. Hearings will be held for amendments to the proposed rulemaking and State Implementation Plan at the following locations and times:

Monday, March 3, 2003, 1:00 P.M.
NYSDEC Annex, Region 2
11 - 15 47th Avenue, Hearing Room 106
Long Island City, NY 11101

Wednesday, March 5, 2003, 1:00 P.M.
NYSDEC, 625 Broadway, Conference Room 919
Albany, NY 12233

Friday, March 7, 2003, 1:00 P.M.
Mahoney State Office Building, 65 Court Street, Hearing Room Part 1
Buffalo NY 14203

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearings. At each hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. The Department will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend each hearing.

The hearings are scheduled in places that are reasonably accessible to persons with impaired mobility. At the hearings, the Department will provide interpreter services for deaf persons at no charge. Written requests are required and should be submitted by February 17, 2003, to Arlene Schmidt, NYSDEC, 625 Broadway, Albany NY 12233-3250, 518 402-8465.

Congress established the Northeast Ozone Transport Region (OTR) and the Ozone Transport Commission (OTC) as part of the 1990 amendments to the Clean Air Act (CAA). The OTR is comprised of the States of Maine, Vermont, NewHampshire, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, New Jersey, Delaware, Maryland, the District of Columbia, and a portion of northern Virginia. Part 228, the Mobile Equipment Repair and Refinishing (MERR) model rule is an outcome of OTC’s efforts to reduce ground-level ozone. New York State intends to fulfill its obligations under the OTC Memorandum of Understanding (MOU) by incorporating this model rule into 6 NYCRR Part 228.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration stating that the proposed action will not have a significant effect on the environment.

Information may be obtained from Bradford Shaw, NYSDEC Division of Air Resources, 625 Broadway, Albany NY 12233-3254, telephone: 518 402-8403; email, bdshaw@gw.dec.state.ny.us Written statements will be received until 5 p.m., March 13, 2003.

The proposed regulation may be obtained from any of the following Department offices:

Region 1, Building #40, State University of New York, Stony Brook NY 11790, Attention: Ajay Shah
Region 2, Hunters Point Plaza, 47-40 21st Street, Long Island City NY 11101, Attention: Amar Nagi
Region 3, 21 South Putt Corners Road, New Paltz NY 12561, Attention: Robert Stanton
Region 4, 1150 North Westcott Road, Schenectady NY 12306, Attention: Rick Leone
Region 5, Hudson Street Extension, Box 220, Warrensburg NY 12885, Attention: Michael Stawarz
Region 6, Watertown State Office Bldg , 317 Washington St , Watertown NY 13601, Attn: Tom Morgan
Region 7, 615 Erie Boulevard West, Syracuse NY 13204-2400, Attention: Reginald Parker
Region 8, 6274 East Avon-Lima Road, Avon NY 14414, Attention: Thomas Marriott
Region 9, 270 Michigan Avenue, Buffalo NY 14202, Attention: Larry Sitzman


STATEWIDE TRAILS COUNCIL MEETING

The Statewide Trails Council Meeting is scheduled for Saturday, February 22, 2003 from 11:00a.m. to 3:00p.m. at the Saratoga Spa State Park Administration Office in Saratoga Springs.


NOTICE OF SETTLEMENT IN CROTON POINT LANDFILL CASE

STATEWIDE - Notice is hereby given of a settlement between the State of New York and Erin M. Crotty as Commissioner of the New York State Department of Environmental Conservation, and certain companies regarding the Croton Point Landfill (Site) in Westchester County, New York. The Site is Inactive Hazardous Waste Disposal Site No. 360001 and the Site is the subject of a federal lawsuit, No. 03 CV 0366, in the United States District Court for the Southern District of New York. The settlement provides that the State will be paid $9,500,000 toward its costs of investigating and remediating the Croton Point Landfill. The State acted in cooperation with the County of Westchester with funding provided through the Environmental Quality Bond Act. Settling Defendants are Alcolac Inc. (a wholly owned subsidiary of Rhodia Inc.); AMETEK, Inc.; Aquarion Water Company of New York (f/k/a New York American Water Company); Ampacet Corporation; Avon Products Inc.; Bayer CropScience Inc. (formerly Aventis Crop Science USA Inc.), successor to Stauffer Chemical Company; BP America Inc. and its subsidiaries; BTR, Inc.; Burnham Corporation; Cognis Corporation on behalf of itself and Henkel Corporation, both of whom are to be considered Settling Defendants; Consolidated Edison of New York, Inc.; Dynacast, Inc.; Engelhard Corporation (as successor to The Mearl Corporation); Exxon Mobil Corporation; General Motors Corporation; Graphite Metallizing Corporation; International Business Machines Corporation; Litton Systems Inc. (formerly Potentiometer Division); Metallized Carbon Corporation; MTA Metro North Railroad; Otis Elevator Company (a wholly owned subsidiary of United Technologies Corporation); Phelps Dodge Corporation; Precision Valve Corporation; Reynolds Metals Company (as successor to Tilo Company); Spraylat Corporation; Sun Chemical and Polychrome Corporation; The Purdue Frederick Company; Unilever Bestfoods North America; Union Carbide Corporation; Wyeth Corporation (formerly American Home Products Corp.). The County of Westchester is also named as a Defendant. The settlement payment will be made in exchange for a covenant not to sue the Settling Defendants or the County of Westchester, and in exchange for contribution protection for the Settling Defendants and the County of Westchester. By publication of this Notice, a thirty (30) day period has been established in which the State will accept written comments relating to the settlement agreement.

DATES: Written comments regarding the settlement must be submitted on or before February 28, 2003.

ADDRESSES: The settlement agreement can be obtained by writing or calling Patricia J. Mastrianni, New York State Department of Environmental Conservation, Division of Environmental Enforcement, 625 Broadway, Albany, New York 12233-5500, phone (518) 402-9512, or Robert Emmet Hernan, Assistant Attorney General, Environmental Protection Bureau, New York State Department of Law, 26th Floor, 120 Broadway, New York, New York 10271, phone (212) 416-8461. Comments should be submitted to Robert Emmet Hernan, Assistant Attorney General, at his address given above.