ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Emergency Adoption

New York State Department of Environmental Conservation 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105, the New York State Department of Environmental Conservation hereby gives notice of the following:

Emergency Adoption amending 6 NYCRR Part 200, General Provisions, and Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, to incorporate modifications that California has made to its vehicle emission control program relating to the ZEV mandate to reduce emissions in New York State and to make revisions to New York State’s alternative compliance plan.

This amendment, necessary for the preservation of the health and general welfare, was adopted and effective upon filing with the Department of State on the 20th day of July, 2004, on an emergency basis as authorized by section 202(6) of the State Administrative Procedures Act.

For further information, contact:
Steven E. Flint, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3255
518 402-8292
E-mail seflint@gw.dec.state.ny.us


6NYCRR Section 1.29 - Notice of Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 11-0903, the Department of Environmental Conservation hereby gives notice of the following:

Proposed Rule Making for 6NYCRR Section 1.29 relating to regular open archery season for deer of either sex. This proposed rule making will be published in issue 32 of the State Register, dated 08/11/2004.

For further information contact:
Richard Henry, Bureau of Wildlife
Division of Fish, Wildlife and Marine Resources
625 Broadway, Albany, NY 12233-4754
Telephone: (518) 402-8867 E-mail: rjhenry@gw.dec.state.ny.us


6NYCRR Section 1.22 - Notice of Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 11-0907, the Department of Environmental Conservation hereby gives notice of the following:

Proposed Rule Making for 6NYCRR Section 1.22 relating to the muzzleloading firearm deer season. This proposed rule making will be published in issue 32 of the State Register, dated 08/11/2004.

For further information contact:
Richard Henry, Bureau of Wildlife
Division of Fish, Wildlife and Marine Resources
625 Broadway, Albany, NY 12233-4754
Telephone: (518) 402-8867 E-mail: rjhenry@gw.dec.state.ny.us


Public Notice

New York State Environmental Facilities Corporation

Notice of Final Description Of Eligible Project Categories
Financial Assistance to Business Water Program

I. BACKGROUND, SCOPE AND APPLICABILITY

The New York State Environmental Facilities Corporation (EFC), through its Financial Assistance to Business (FAB) Water Program, proposes to provide funding ; 1) to businesses and to water suppliers on behalf of businesses for all projects that will create, improve or extend water supply facilities that are designed to comply with applicable federal laws and state drinking water supply requirements; and 2) to businesses and municipalities on behalf of business for projects that will create, improve or extend wastewater treatment facilities that are designed to comply with applicable federal and state water quality requirements. This funding will be made pursuant to the Financial Assistance to Business (FAB) Water Program that was created by Governor George E. Pataki’s Clean Water/Clean Air Bond Act of 1996, and implementing regulations (21 NYCRR Part 2606). All eligible projects must demonstrate an environmental or public health benefit.

The FAB Water Program was established to help businesses and water suppliers on behalf of businesses, increase the availability and improve the quality of water supplies and to help businesses and municipalities on behalf of business increase the availability and improve the quality of wastewater treatment facilities.

Assistance from the FAB Water Program will be available only to projects that are located in villages, towns, and cities with a population of less than one million people.

II. PURPOSE OF THIS NOTICE

As required by Part 2606, this notice describes eligibility requirements for the FAB Water Program, 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 21 NYCRR Part 2606. Terms used in this notice have the following meanings:

“Water supply project” means the planning, design, construction, improvement, or acquisition of facilities, equipment, sites, or buildings for the supply, control, treatment, distribution, and transport of water supplies to ensure the integrity and quality of such water including compliance with the federal Safe Drinking Water Act and other applicable federal and State drinking water supply standards.

“Wastewater Treatment Facility” means the planning, design, construction, improvement, or acquisition of facilities, equipment, sites, or buildings needed to reduce or prevent water pollution including compliance with the federal Clean Water Act and other applicable federal and State water quality standards.

IV. DESCRIPTION OF ELIGIBLE PROJECTS

Projects eligible for funding under the FAB Water Program must demonstrate an environmental or public health benefit, and may include investments to construct, upgrade, improve or replace infrastructure which will provide to businesses: 1) water supplies which meet the requirements of the federal Safe Drinking Water Act and other applicable federal and State water supply requirements; or, 2) wastewater treatment facilities which meet the requirements of applicable federal and State water quality requirements. Some other examples include:

Water Supply Projects

rehabilitation or development of new water sources by or on behalf of business to replace contaminated supplies;

installation or upgrades of facilities that provide water to businesses if the project is needed to comply with primary or secondary standards or treatment/performance criteria or enable a public drinking water system to become viable;

installation or upgrading of storage facilities, including finished water reservoirs, to prevent microbiological contamination;

installation or replacement of transmission and distribution mains to prevent contamination caused by inadequately sized or constricted or failing mains;

funding and/or construction to promote the consolidation of water supply services, particularly in circumstances where individual businesses or water systems generally have an inadequate quantity of water, the public water system is not viable, the water supply is contaminated, or the system is unable to ensure compliance; and

the purchase of a portion of another system’s capacity, if the purchase is part of a consolidation plan to bring the system(s) into compliance.

Wastewater Treatment Projects

construction of new, expanded or rehabilitated wastewater treatment plants;

construction or upgrade of sludge treatment and disposal facilities, including biosolids reuse;

construction and rehabilitation of sewers; and

construction of septage handling and marine vessel pumpout and treatment facilities.

V. PROJECT SELECTION

All complete applications will be evaluated based upon characteristics of each proposed project. This evaluation will be based upon factors including, but not limited to:

the reliability and viability of the proposed system to provide a water supply or wastewater treatment to businesses;

the need to improve the water supply for public health reasons, including reducing exposure to microbiological contamination such as e coli, toxins, and other contaminants;

any sanitary code violations, including inadequate source capacity, inadequate distribution pressures or uncovered finished water storage;

any water quality violations and threats to public health or the environment;

Once a decision to fund a project is made, EFC will notify successful project owners, and execute a contract describing the rights and responsibilities of the parties. EFC will then begin processing the State Assistance Payments. No funds will be disbursed until all necessary permits and approvals for the project (including, DOH approval to create, construct or modify a public water system, any SEQRA requirements, and, if necessary, a DEC water supply permit) have been received.

VI. PROJECT COMPLETION DATE

All projects for which FAB Water money is awarded must be commenced within three (3) years of the signing of a contract between EFC and the project owner.

VII. AMOUNT OF FUNDING

EFC will make State Assistance Payments for not more than 75% of the cost of an eligible project on a reimbursement basis. EFC may award less than 75% of the cost of a project based upon a determination that the amount of the award will allow the project to proceed, given other sources of funding.

VIII. APPLICATION SCHEDULE

EFC will accept applications for State Assistance Payments under the FAB Water Program through August 27, 2004. Applications are available at the address listed below or on EFC’s website, www.nysefc.org.

IX. ADDITIONAL REQUIREMENTS

(1) Project Limitations.
All recipients must pledge not to remove from the State any assets purchased with funds received from the FAB Water Program.

(2) Application Procedure
The procedures for administering the FAB Water Program, including the submission, review and approval of requests for State Assistance, will be governed by 21N.Y.C.R.R. Part 2606.

X. INFORMATION AVAILABILITY

Any person seeking additional information or application material should contact EFC at: New York State Environmental Facilities Corporation
Financial Assistance to Business Program
625 Broadway
Albany, New York 12207-2997
Telephone (800) 200-2200
Fax (518) 486-9248
www.nysefc.org