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6NYCRR Part 10 - Notice of Emergency Adoption and Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 11-0303, 11-0305, 11-0317, 11-0319, 11-1301, 11-1303, and 11-1316, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rule Making for 6NYCRR Part 10 relating to sportfishing regulations. This notice will be published in issue 42 of the State Register, dated 10/20/2004, and was effective upon filing on 10/1/2004.

For further information contact:
Shaun Keeler
New York State Department of Environmental Conservation
Bureau of Fisheries
625 Broadway
Albany, NY 12233-4753
Telephone: (518) 402-8928
E-mail: sxkeeler@gw.dec.state.ny.us

Invasive Species Task Force Meeting # 3

The third meeting of the Invasive Species Task Force (ISTF) will be held on Long Island on October 19th and 20th. The agenda will include: a progress report from the ISTF Steering Committee; presentations about Weed Management Areas; and field visits to sites of active restoration projects nearby. The first day will convene from 1:00 to 5:00 on October 19th at the Mashomack Preserve on Shelter Island. The second day will run from 9:00 AM until noon on October 20th and will involve several locations.

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.

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


Environmental Farm Assistance & Resource Management Program (EFARM)


The New York State Environmental Facilities Corporation (EFC) proposes, as part of the New York State Financial Assistance to Business (FAB) Program, a new program designed to assist the farming community with environmental regulation compliance. The FAB Program was created by the Clean Water/Clean Air Bond Act of 1996, and implementing regulations (21 N.Y.C.R.R. Part 2606). This proposed program is called the Environmental Farm Assistance & Resource Management Program (EFARM). EFARM would provide financial and technical assistance to farming businesses across New York State (NYS) for the improvement of environmental management practices, including air and water pollution abatement and odor control through improved nutrient management.

Certain farmers across NYS are required to develop and implement plans to properly manage liquid/solid waste and help control odor emissions as a part of the permitting process required by the NYS Department of Environmental Conservation (DEC). These plans, called Comprehensive Nutrient Management Plans (CNMP), are the foundation for DEC’s environmental regulatory program to control potential water pollution from farms. Certain medium and large sized farms have experienced difficulty with the planning and permit process due to lack of funding and the need for technical assistance regarding permit compliance. Small farms, while generally not required to obtain permits, may be designated by DEC and required to obtain permits.

A comprehensive process has been established to prepare and certify planners to develop CNMP, as required for operating under authority of the DEC General State Pollutant Discharge Elimination System (SPDES) Permit No. GP-04-02 or GP-99-01 as a Concentrated Animal Feeding Operation (CAFO). This process was developed by a partnership of government agencies and private businesses brought together by the NYS Agricultural Environmental Management (AEM) initiative to ensure that certified planners from both the public and private sectors will be available to meet the demand for CNMP development and implementation. The partnership includes: USDA-Natural Resources Conservation Service (NRCS), Cornell Cooperative Extension, NYS Soil & Water Conservation Districts, NYS Soil & Water Conservation Committee, NYS Department of Agriculture and Markets (DAM), Certified Crop Advisors, agricultural consultants and farmers. CNMP are prepared in accordance with the NRCS – Conservation Practice Standard – Waste Management System Code NY312 and specifications to properly manage pollution emissions produced by CAFOs, including runoff from concentrated sources such as barnyards, silos, and milking centers and their associated odors. Planners and owner/operators will work together to develop the CNMP, which will ensure that the farmer-planner relationship continues into the future to keep the CNMP current.

EFARM proposes to focus on CAFOs that are required to develop and implement their CNMP; particularly those experiencing problems completing the CNMP. Under regulation, farms which are mandated to obtain a CAFO Permit were required to have their CNMP developed and certified by June 30, 2004. There are approximately 637 medium and large CAFOs across NYS. Approximately twenty percent (20%) have not completed their planning process. Many certified planners have not been paid by the farms, and many plans have not been completed due to lack of funding. CAFO owners and operators with approved plans are also required to update and recertify their CNMP annually, adding an additional burden on farmers to stay in compliance with their permits.

EFARM proposes to provide financial assistance for the development and update of farms’ CNMP. EFARM will work closely with the partnership agencies and groups listed above to help farmers finance implementation of their CNMP by identifying additional resources and funding agencies, and providing outreach to eligible farmers on the permitting process for CAFOs.


As required by Part 2606, this notice describes eligibility requirements for EFARM, the amount of funding available, the time period during which EFC will accept applications for funding, and certain other eligibility criteria.


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, or in DEC General SPDES Permit No. GP-04-02 or GP-99-01.


EFARM is intended to help owners of eligible CAFOs comply with state regulations (6NYCRR Part 750) which will result in reduced air and water pollution from these facilities. Under the EFARM, EFC will provide financial assistance for the completion of and annual updates to CNMP as required by Part 750.

EFARM only applies to farms designated as CAFO facilities, as defined by DEC General SPDES Permit No. GP-04-02 or GP-99-01, in compliance with Part 750.


In order to assist the farming community, it is proposed that this program be administered by EFC, using and expanding established programs already designed to assist small businesses cope with environmental regulatory requirements through financial and technical assistance. EFARM will use funding sources administered under the FAB Air Program to assist in CNMP development and implementation.

EFARM will provide funding to farmers to help pay for the costs of CNMP for planning the implementation of management practices that will address water and air pollution problems associated with nutrient management. State assistance payments in an amount up to 90% of CNMP expenses, not to exceed $8,000, would be provided to farmers for the development of approved CNMP. The farms would contribute at least 10% matching funds under this reimbursement program. Farms that have completed and paid for CNMP would be eligible for funding, provided the costs are documented and incurred after July 1, 1999 and the farm has not received funding assistance for CNMP development from another governmental agency or third-party entity. Annual recertification expenses will also be eligible for reimbursement grants of up to 90%, not exceeding $2,000 annually, for the 2005 through 2009 cropping seasons.


EFC will make state assistance payments in the following amounts for the completion of a CNMP, and for annual updates to CNMP as required by GP-04-02 or GP-99-01.

(1) Ninety percent (90%), up to a maximum amount of eight thousand dollars ($8,000), reimbursement for the completion of an approved CNMP, and;

(2) Ninety percent (90%), up to a maximum amount of two thousand dollars ($2,000), reimbursement for the annual CNMP update for a maximum of five years (2005-2009).

This program will be limited to $13 Million in total funding, approximately 50% for plan initiation and 50% for annual updates, distributed on a first-come, first-served basis.


EFC will accept requests for state assistance under the FAB EFARM through March 30, 2010.

Under EFARM, EFC’s administrative responsibilities will be to announce funding availability for CNMP costs; establish an open application period on a first-come, first-served basis; make funding commitments based on a completed application as determined by EFC; and enter into a Funding Agreement directly with the farmer for reimbursement of eligible costs (90%; up to $8,000) by June 30, 2006. The funding agreement would include the authorization to pay for annual updates up to $2,000 per year to keep their CNMP current through the CAFO Permit GP-04-02 implementation deadline or March 30, 2010 (end of 2009 cropping season).

Application requirements for completion of CNMP shall, at a minimum as required by FAB guidelines, include the following:
Completed Application
Funding Agreement with EFC for CNMP cost reimbursement
Disbursement request and cost documentation, including a description of all funding sources for CNMP expenses Municipal approval documents
Additional information and documentation described in the application package.

Application requirements for CNMP updates shall, at a minimum as required by FAB guidelines, include the following:
Completed Application
Funding Agreement with EFC for CNMP cost reimbursement
Disbursement request and cost documentation, including a description of all funding sources for CNMP expenses Municipal approval documents
Additional information and documentation described in the application package.

FAB programs are based on reimbursement of costs paid, thus requiring participants to pay for CNMP costs up front. Farms that have already been funded (90%) for CNMP plan development through other governmental sources will not be eligible for reimbursement, but may obtain funding for annual updates. Partial funding may be obtained, as determined by EFC, for up to 90% (up to a maximum amount of eight thousand dollars) of costs not funded through other governmental sources through the same process. A complete description of all sources of funding must be included with the application.


To the extent monies are available, EFC will provide state assistance for CNMP completion and annual CNMP update on a first-come, first-served basis starting in the Winter of 2004/05.


(1) Program Duration
Subject to the availability of funds and the other eligibility criteria set forth in this notice, the owner of a CAFO will be eligible for state assistance if the owner has completed his or her CNMP after July 1, 1999, and before June 30, 2006 and/or dates established in DEC’s General SPDES Permit GP-04-02 or GP-99-01.

(2) Application Deadline
Requests for state assistance under EFARM will be accepted on a rolling basis until March 31, 2010. We strongly encourage applicants to file their application with EFC by June 30, 2006, in order to meet DEC’s regulatory deadline for CNMP compliance and to assure funding availability. Receipt of final documents for update funding must be completed by March 31, 2010 (for the 2009 cropping season). 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 downloading it from EFC’s website at www.nysefc.org, and clicking on “EFARM”.

(3) Application Procedure
The procedures for administering EFARM, including the submission, review and approval of requests for state assistance will be governed by 21NYCRR Part 2606.

(4)Compliance Reporting
As part of the request for state assistance process, EFC will verify with DEC that a permit covering the facility and any subsequent compliance inspection reports or extensions/updates to the permit are current and accurate.

(5) Proof of CNMP Approval
Eligible CAFOs must maintain compliance with their DEC permit and make significant progress towards CNMP implementation as required by DEC. CNMP approval will be verified from DEC records and additional information may be requested in the application package.

(6) Municipal Approval
Requests for State Assistance applications must have a signed municipal approval form attached, provided in the application package.

(7) Federal Tax Notification
Requests for State Assistance applications must include a signed Federal form W-9 (Request for Taxpayer Identification Number and Certification); provided in the application package.

(8) Signatures
All application documents requiring the applicant’s signature must contain an “original” signature. Photocopy signatures will not be accepted.


Any person seeking additional information or application material regarding this program should contact EFC after the final publication date at:

New York State Environmental Facilities Corporation
Financial Assistance to Business Program
Attention: EFARM Project Manager
625 Broadway
Albany, New York 12207-2997
Telephone (800) 200-2200
Fax (518) 486-9248
www.nysefc.org and click on “EFARM”
email: wilson@nysefc.org

Comments to this draft can be submitted by November 12, 2004 via mail to the address indicated above or via e-mail to: wilson@nysefc.org.