ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION
FINAL NOTICE OF DESCRIPTION OF ELIGIBLE PROJECT CATEGORIES
FINANCIAL ASSISTANCE TO BUSINESS AIR PROGRAM

Environmental Farm Assistance & Resource Management Program
(EFARM)

I. BACKGROUND, SCOPE AND APPLICABILITY

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 NYCRR 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 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 (CNMPs), are the foundation for DEC's environmental regulatory program to control potential water pollution from farms. Certain farms have experienced difficulty with the planning and permit process due to lack of funding and the need for technical assistance regarding permit compliance.

A comprehensive process has been established to prepare and certify planners to develop CNMPs, 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 (NYSDAM), Certified Crop Advisors, agricultural consultants and farmers.

CNMPs 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 owners/operators will work together to develop the CNMPs, which will ensure that the farmer-planner relationship continues into the future to keep the CNMPs current.

EFARM proposes to focus on CAFOs that are required to develop and implement their CNMPs, particularly those experiencing problems completing the CNMPs. Under regulation, farms which are mandated to obtain a CAFO Permit were required to have their CNMPs developed and certified by June 30, 2004. There are approximately 637 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 CNMPs annually, adding an additional burden on farmers to stay in compliance with their permit. EFARM proposes to provide financial assistance for the development and update of farms' CNMPs. EFARM will work closely with the partnership agencies and groups listed above to help farmers finance implementation of their CNMPs by identifying additional resources and funding agencies, and providing outreach to eligible farmers on the permitting process for CAFOs.

II. PURPOSE OF THIS NOTICE

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.

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

IV. DESCRIPTION OF ELIGIBLE PROJECTS

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

EFARM only applies to CAFO facilities, as defined by DEC General SPDES Permit No. GP-04-02 or GP-99-01, in compliance with Part 750. EFARM will reimburse CNMP costs incurred after July 1, 1999, provided such costs are documented. Funding for annual updates applies to those updates made after July 1, 2004 for the new 5 year permit period.

V. FUNDING PROPOSAL

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 CNMPs for planning the implementation of management practices that will address air pollution problems associated with nutrient management. State assistance payments in an amount up to 90% of CNMP expenses, not to exceed $8,000, will be provided to farmers for the development of approved CNMPs. The farms will contribute at least 10% matching funds under this reimbursement program. Farms that have completed and paid for CNMPs will be eligible for funding, provided the costs are documented and incurred after July 1, 1999. 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. A cropping season is the period of time within which crops are normally grown and designated by the calendar year in which the crops are normally harvested. For purposes of the EFARM Program, the cropping season will be the equivalent of a calendar year.

VI. AMOUNT OF FUNDING

EFC will make state assistance payments in the following amounts for the completion of a CNMP and for annual updates to a 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 cropping seasons).

CNMP grant funding from other governmental agencies will be used to calculate award amounts. In no instance will funding be greater than 90 percent, up to $8,000, of those costs not covered by other governmental funding for CNMP development, and 90 percent, up to $2,000, of those costs not covered by other governmental funding for CNMP annual updates.

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.

VII. APPLICATION SCHEDULE

EFC will accept requests for state assistance applications under the EFARM Program beginning January 3, 2005 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 by June 30, 2006. The funding agreement would include the authorization to pay for annual updates to the CNMP through March 30, 2010. It is proposed that the EFARM contract will terminate June 30, 2010.

Application requirements for an EFARM grant for CNMP development and/or annual CNMP updates shall, at a minimum, as required by FAB guidelines, include the following:

FAB programs are based on reimbursement of costs paid, thus requiring participants to pay for CNMPs costs up front.

VIII. FUNDING SCHEDULE

To the extent monies are available, EFC will provide state assistance for CNMP development and annual CNMP update on a first-come, first-served basis starting on January 3, 2005.

IX. ADDITIONAL REQUIREMENTS

(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 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. Final documents for update funding must be received by March 31, 2010. 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 21 NYCRR 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. It is the responsibility of the applicant to obtain municipal approval.

(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. Certain signatures must be notarized as indicated in the application package.

X. INFORMATION AVAILABILITY

Application materials for EFARM will be available beginning January 3, 2005 through March 30, 2010. 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: EFARM Project Manager
625 Broadway
Albany, New York 12207-2997
Telephone (800) 200-2200
Fax (518) 486-9248
or
www.nysefc.org and click on "EFARM"
Email: EFARM@nysefc.org


The New York State Department of Environmental Conservation (NYS DEC) announces the completion of two reports concerning environmental justice.

Pursuant to Commissioner Policy 29, Environmental Justice and Permitting (CP-29), two work groups were established in January of 2003, to help the Department develop and incorporate critical environmental justice information into the Department's environmental permit review process and CP-29. Each of these work groups has finalized a report containing recommendations. The Disproportionate Adverse Environmental Impact Work Group report summarizes six methodologies that were discussed during the work groupís deliberation, makes recommendations for a permit specific analysis, and lists the additional tools and resources that will further the development of a disproportionate adverse environmental impact analysis. The second work group, established in conjunction with the New York State Department of Health and called the Health Outcome Data Work Group, produced a report that identifies reliable sources of existing human health data, and recommends means to incorporate such data into the environmental review process.

Copies of the reports may be obtained from the NYS DEC Office of Environmental Justice, 625 Broadway, Albany, New York 12233-1500; phone: 518-402-8556 or toll free within NYS 1-866-229-0497, fax: 518-402-9018, e-mail: ej@gw.dec.state.ny.us Copies may also be obtained from the NYS DEC website at www.dec.state.ny.us/website/ej/index.html

The NYS DEC will receive comments on the reports for 90 days ending March 15, 2005. The reports and the public comment(s) generated by the reports will form the basis for enhancements to NYS DEC policy on environmental justice. Comments may be submitted in writing to NYS DEC, Office of Environmental Justice, 625 Broadway, Albany, New York 12233-1500; or fax: 518-402-9018; or e-mail: ej@gw.dec.state.ny.us.


Public Notice for Draft Program Policy

Review and Comment

The New York State Department of Environmental Conservation (Department) has prepared the Draft Program Policy: Compliance with Certain Provisions of Commercial Lawn Application Regulations in 6 NYCRR Part 325.

The purpose of the Policy is to provide the regulated community and Department staff with compliance measures to be taken to meet certain requirements of the commercial lawn application regulation in 6 NYCRR 325.40, which became effective January 1, 2004. The Policy focuses primarily on three areas regarding commercial lawn pesticide applications: contracts for services, visual notification markers and pesticide product label notification. One or more compliance measures are identified in the Policy for each requirement from 6NYCRR 325.40 addressed in the Policy, such as measures related to time frames for approximate and alternate dates of commercial lawn applications, identification of pesticides to be applied, and provision of product label information and date and time of application.

The Policy addresses certain regulatory requirements, which warranted attention in a program policy for further clarification and Department interpretation. The Policy is intended to assist the Department and regulated community in interpreting and applying the commercial lawn application regulations, facilitate regulated community compliance, and assist the Department in achieving uniformity in the commercial lawn application program throughout the State.

The Draft Program Policy can be viewed on the NYSDEC web site at http://www.dec.state.ny.us/website/dshm/draftpolicy.html. To obtain a copy of the Draft Policy or additional information, please contact Mary A. Roy, at 518-402-8781.

Written comments on the Draft Program Policy will be accepted for 30 days from the date of publication of this notice. Written comments should be addressed to Mary A. Roy, at 625 Broadway, 11th Floor, Albany, New York 12233-7254, or faxed to 518-402-9024.