ENB - STATEWIDE NOTICES

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Invasive Species Task Force Meeting No. 2

The second meeting of the Invasive Species Task Force (ISTF) will convene from 10:00 to 3:00 on July 20th at the Adirondack Park Agency Headquarters in Ray Brook. The ISTF is a seventeen-member task force which is charged with assessing the problems associated with invasive species throughout New York State and reporting both findings and recommendations to Governor Pataki and the Legislature by November 2005. The ISTF was created by legislation signed by Governor Pataki in July 2003.

The agenda will include: a progress report from the ISTF Steering Committee; a presentation by Lori Williams, the Executive Director of the National Invasive Species Council; and field visits to sites of active restoration projects nearby.

CONTACT: Lynette Stark
New York State Department of Environmental Conservation
(518) 402-8560

Rick Zimmerman New York State Department of Agriculture and Markets
(518) 457-0752


Public Notice

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

Draft 2005 Intended Use Plans (IUPs)
Public Meeting & 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) 2005 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, 2004 and September 30, 2005, the next IUP financing period.

ELIGIBLE PROJECTS:

CWSRF - 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; security measures for wastewater treatment plants and sewer systems; 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.

DWSRF - Types of drinking water systems eligible for DWSRF financing are: municipal and privately-owned community water systems, and non-profit, non-community water systems. 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 & 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 13, 2004 to the DOH for DWSRF projects and before Friday, August 13, 2004 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 provide 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, a municipality or not-for-profit organization must provide an acceptable "land acquisition plan". CWSRF projects will be financed to the extent that sufficient funds are available for long-term and short-term financing 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 13, 2004, 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 2005 IUPs will be mailed to certain municipal officials, system owners, financial advisors, consulting firms, not-for-profit land trust organizations and other interested parties. 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 http://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 22, 2004 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 13, 2004

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

DWSRF PROGRAM

Submit comments by: Friday, August 13, 2004

Submit comments to: Mr. Michael Burke, PE
Director, Bureau of 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 & HEARING:

A joint public meeting and hearing will be held to review the draft FFY 2005 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
Thursday
July 22, 2004
City of Albany
Albany County
1:00 PM William K. Sanford Town Library
The Stedman Room
629 Albany Shaker Road
(Exit 4 off I-87)
( ľ mile east on Albany Shaker Road)
Albany, NY (518) 458-9274

APPLICATION PACKAGES & DUE DATES:

Copies of the FFY 2005 CWSRF and DWSRF Application Packages will be mailed to applicants with projects on the draft 2005 CWSRF or DWSRF IUPs that may be ready for financing during this IUP financing period (October 1, 2004 to September 30, 2005). Copies of the application packages will also be available at the public meeting and hearing. For a copy of the FFY 2005 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 pre-finance 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 financing's must be submitted by October 1, 2004 for the CWSRF program and by October 1, 2004 for the DWSRF program, with closing targeted for early March 2005. Complete applications for the Summer Pool long-term leveraged financing's must be submitted by March 1, 2005 for both SRF programs, with closing targeted for late July 2005. Complete applications for CWSRF direct long-term financing and short-term financing for projects on the Annual PPL must be submitted before March 1, 2005. Complete applications for DWSRF non-hardship direct long-term financing or short-term financing must be submitted before May 2, 2005 for financing in this IUP period. 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 up to one-half the IUP amount for only those projects on the Annual PPL (long-term reserve allocation) and that meet all applicable application requirements. 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. Recipients of CWSRF hardship confirmation letters will not be subject to the one-half IUP Annual PPL limitation.

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 project's IUP amount, including a short-term administration fee, as set forth in the final IUP 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 Application Forms will be accepted by DOH and EFC on a continuous basis during the 2005 IUP period. However, Hardship Application Forms received after December 1, 2004 will be considered for a loan only financial hardship assistance package during the current IUP period.

EFC & DOH CONTACTS:

For a copy of the draft FFY 2005 IUP, assistance with the IUP listing process, or for information on these SRF programs, please contact:

CWSRF:
Mr. David Morseman
Program Services Representative III
Division of Engineering & Program Management
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
EFC web site: www.nysefc.org

DWSRF:
Mr. Charles Amento
Bureau of Water Supply Protection
New York State Department of Health
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
(800) 458-1158 ext. 27650 (within NYS only) or (518) 402-7650
FAX: (518) 402-7689

LISTING FORMS & 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.


6NYCRR Part 638 Green Building Tax Credit (GBTC) - Request for comment on Green Refrigerants

The Publicís assistance and input is being requested to provide technical data and comment to assist the Department of Environmental Conservation, in making a determination as to whether or not 1, 1- dichloro - 2, 2, 2 - trifluoroethane (commonly referred to as "HCFC 123" in the GBTC program), is equal to or more beneficial than the environmental attributes of EPA - approved non-ozone depleting refrigerants (go to http://www.epa.gov/air/ozone/index.html), and if the Department should extend the Green Refrigerant Component Tax credit for its use under the NYS GBTC program. The Department will receive the publicís comments concerning this issue for thirty days from June 30, 2004 through July 29, 2004.

The Green Building Tax Credit program, proposed by Governor Pataki and signed into law on May 15, 2000, allows building owners and developers to deduct from their State taxes the eligible expenses associated with the design and construction of green buildings, including increasing energy efficiency, the use of environmentally-friendly materials, and improving indoor air quality. Some examples of green building features include the use of solar power or fuel cells, daylight and natural cooling, carpeting or other building products made from recycled materials, high performance windows and ventilation systems and green environmentally sound refrigerants in all new air conditioning equipment (including chillers and absorption chillers, water or air cooled unitary equipment, water cooled heat pumps, packaged terminal heat pumps, air conditioners, and other similar air conditioning equipment).

The Green Building Tax Credit regulation 6NYCRR Part 638 promulgated on June 6, 2002, establishes standards that must be met in order for a building or tenant space to qualify as green, including standards for energy and energy efficiency; appliances, and heating and cooling equipment; indoor air quality and testing; recycling of wastes; plumbing fixtures; building materials, finishes and furnishings; and compliance with zoning, land-use, erosion control, storm water management, building code and environmental regulations.

Subpart 638.7 of the GBTC regulation (6NYCRR Part 638) establishes the "Standards and Methods for Determining Compliance," for refrigerants. 638.7 (m) Refrigerants, of this subpart states the following:

All new air conditioning equipment (including chillers and absorption chillers, water or air cooled unitary equipment, water cooled heat pumps, packaged terminal heat pumps, air conditioners, and other similar air conditioning equipment) exclusively utilizes one of the following:

- an EPA-approved non-ozone depleting refrigerant.
- within two years of the effective date of 6NYCRR Part 638, a refrigerant composed of 1, 1- dichloro - 2, 2, 2
- trifluoroethane, commonly referred to as "HCFC 123".......
- the two year time limit on HCFC 123, however, shall not apply in the event that the Commissioner determines that the environmental attributes of HCFC 123, in aggregate, are equal to or more beneficial than the environmental attributes of the EPA-approved non-ozone depleting refrigerants.......

Anyone interested in obtaining more information regarding this issue should contact Dennis Lucia at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone (518) 402-9469, fax (518) 402-9168, email djlucia@gw.dec.state.ny.us. Information on the Green Building Tax Credit Program (application pkg, legislation and regulations) are available at www.dec.state.ny.us/website/ppu under Green Building Initiative.


$6.1 MILLION AVAILABLE FOR GREEN BUILDING TAX CREDITS Tax Credits Promote Environmentally-Sound Buildings

$6.1 million is available for eligible projects in the Stateís Green Building Tax Credit Program. The tax credit program, proposed by Governor Pataki and signed into law on May 15, 2000, allows building owners and developers to deduct from their State taxes the eligible expenses associated with the design and construction of green buildings, including increasing energy efficiency, the use of environmentally-friendly materials, and improving indoor air quality. Some examples of green building features include the use of solar power or fuel cells, daylight and natural cooling, carpeting or other building products made from recycled materials, and high performance windows and ventilation systems.

Applications are available on DECís website at http://www.dec.state.ny.us/website/ppu/grnbldg/index.html or by calling the agencyís Pollution Prevention Unit at (518) 402-9469. Completed applications will be accepted until December 31, 2004 as prescribed by the legislation. Awards will be made on a first come-first served basis and applicants will be notified within 90 days of the submission of their application.


The New York State Department of Environmental Conservation (Department) has prepared a final Program Policy entitled, "State Assistance to Municipalities for Landfill Gas Collection and Treatment Systems." This final Program Policy takes effect 30 days from the date of this ENB notice.

This Program Policy allows the Department to administer a State assistance program for municipal landfill gas collection and treatment systems. In 1996 and 1998, Title 4 of Article 96 and Title 5 of Article 54 of the Environmental Conservation Law were amended to include funding eligibility for costs associated with installing active gas collection and treatment systems. The law allows for a municipality to recover up to 50 % of total design and construction cost up to a maximum of $2,000,000.00. This Policy defines eligibility criteria and provides procedures for reimbursing municipalities, that have constructed an active landfill gas collection system, for their design and construction costs.

The purpose of this program is to promote improved air quality at solid waste facilities and to encourage recovery of the energy present in landfill gas. The benefits of active landfill gas collection and control includes a reduction in greenhouse gases, a reduction in the reliance on fossil fuels, and a reduction in the threat of explosive gas migration and odor control.

A draft of this policy was public noticed in the February 18, 2004 edition of the Environmental Notice Bulletin. No comments recommending changes were received during or after the public comment period, and the Program Policy being issued today contains no changes from the draft version.

A copy of the Policy is available from Vincent Fay, NYSDEC, 9th Floor, 625 Broadway, Albany, New York 12233-7253, telephone (518) 402-8660. In addition, the Policy can be accessed at www.dec.state.ny.us/website/dshm/sldwaste/gaspolicy.html


DEC Announces First Annual Environmental Excellence Awards - Applications Available -

Applications are now available for New York State’s First Annual Environmental Excellence Awards. This award program was established to recognize NYS organizations that excel in one or more of the following areas: innovative practices, sustainable practices, or in the establishment of partnerships efforts. Eligible applicants include: business/technical assistance providers (includes private educational facilities); non-governmental organizations; government/municipalities (local, state, federal and public educational facilities); and individuals.

Review criteria will include the following: overall environmental benefits, environmental justice, overall economic benefits, innovations in technology, sustainability, partnerships that were created or strengthened by the project, demonstrated leadership, level of management commitment, and transferability.

IMPORTANT: The awards are scheduled to be presented in the Fall of 2004. Applications must be postmarked by July 15, 2004.

The application package is available through the DEC’s website: www.dec.state.ny.us, by clicking on “Highlights,“ by looking under the Subject Index or by doing a Search for "Environmental Excellence Awards."

Anyone interested in obtaining more information regarding the application and criteria for the awards, should contact Michelle Hinman at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone (518) 402-9469, fax (518) 402-9168, email mjhinman@gw.dec.state.ny.us.