ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Revised Brownfield Cleanup Program Eligibility Determination Guidance

The New York State Department of Environmental Conservation (the "Department") published a Draft Program Policy entitled Draft Brownfield Cleanup Program Eligibility Determination Guidance in the October 20, 2004 Environmental Notice Bulletin. Comments on the Draft Program Policy were solicited. A number of comments were submitted and, following review and evaluation of the comments, the Department has revised the draft document and is now publishing it as a final guidance document. It will be incorporated into the Brownfield Cleanup Program Guide ("BCP Guide") as Section 2 entitled "Eligibility."

This section of the overall BCP Guide is intended to provide guidance as to the manner by which the Department will make a determination as to whether a particular piece of property is eligible for participation in the Brownfield Cleanup Program. It sets forth factors that the Department will consider in conjunction with an eligibility determination, to the extent such factors are relevant to the property that is the subject of the application.

This guidance is not intended to create any substantive or procedural rights enforceable by any party in administrative or judicial litigation with the State of New York and the Department reserves the right, in its sole discretion, to act at variance with this guidance.

Section 2 of the Brownfield Cleanup Program Guide is available on the Department's website at www.dec.state.ny.us/website/der/bcp or by writing or calling the contact person listed below:

Contact Person:
Robert W. Schick
New York State Department of Environmental Conservation
Division of Environmental Remediation
Remedial Bureau C
625 Broadway
Albany, New York 12233-7014
Phone: (518) 402-9662

In addition, copies are available for public inspection in the Department's main office at 625 Broadway, Albany, New York 12233-7011 and in each of the Department's nine regional offices.


Federal Targeted Watersheds Grant Program

Targeted Watersheds Grant Program Call for Applications

The New York State Department of Environmental Conservation (Department) has issued a call for nominations for the United States Environmental Protection Agency’s (EPA) Targeted Watersheds grant program, formerly the Watershed Initiative. Following the completion of its second year, EPA is continuing the program by issuing the third call for nominations of watershed proposals. This grant program is to encourage protection and restoration of waterbodies in the United States through the use of watershed approaches.

For Federal fiscal year 2005, Congress has appropriated $18 million for the Targeted Watershed Grants Program. Of the $18 million appropriated, $10 million will be directed to nation-wide projects for improving water quality and the remaining $8 million will be made available for projects in the Chesapeake Bay watershed. A separate notice will be published to request nominations, and outline the criteria and selection process set by EPA for the Chesapeake Bay watershed.

In general, the nomination and evaluation process is similar to that of previous years. This year, however, EPA will place an emphasis on water quality trading projects and projects within the Chesapeake Bay watershed. Typical awards for this program will range from $600,000 to $900,000 depending on the grant amount requested and the overall size and need of the project. Applicants are required to demonstrate a minimum non-federal match of 25 percent of the total cost of the project or projects.

The Department is requesting nominations on behalf of Governor George E. Pataki, who can nominate two watersheds within the state and an unlimited number of interstate or joint tribal/state watersheds for the grant program. Nominations will be reviewed and evaluated by the Department using EPA’s criteria announced in the February 18, 2005 Federal Register. View the Federal Register at: www.epa.gov/owow/watershed/initiative.

The Department will consider nominations that meet the requirements exactly as identified in the Federal Register: a) Format b) Required Elements and c) Non-Federal match requirement.

For nominations to be reviewed for possible nomination by Governor Pataki, they must be received by the Department by April 15, 2005. Send an original and 10 copies to:

Targeted Watershed Grants
Division of Water
NYS Department of Environmental Conservation
625 Broadway, 4th Floor
Albany, NY 12233-3507

Please note that we will not accept hand delivered nominations.

In addition, send an electronic copy of the nomination to:
dowinfo@gw.dec.state.ny.us with the subject line: Targeted Watersheds Grant Program

More information about this grant program can be found on EPA’s Targeted Watersheds grant program website at www.epa.gov/owow/watershed/initiative/. Included on the website is the Federal Register notice, which explains the nomination and selection process, and outlines the required elements of the nomination. Also included on the website are a list of questions and answers for the 2005 Targeted Watersheds Grant Program. Contacts at EPA are: Cyndy Kopitsky (212) 637-3832; kopitsky.cyndy@epa.gov. Contacts at the Department are Lois New (518) 402-8239; lanew@gw.dec.state.ny.us or Ron Entringer 402-8176; raentrin@gw.dec.state.ny.us.


Environmental Board Meeting

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The New York State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., March 22, 2005 in Room 129 of the Department’s main offices at 625 Broadway, Albany, New York.

The Environmental Board will consider the following rulemaking actions of the Department of Environmental Conservation:

This meeting is open to the public.

Ruth L. Earl
Executive Secretary
State Environmental Board


Legal Notice Of Availability

The USDA, APHIS Wildlife Services (WS) has issued a Decision and Finding of No Significant Impact (FONSI) for an Environmental Assessment (EA) titled, "Reducing Pigeon, Starling, House Sparrow, Blackbird, and Crow Damage through an Integrated Wildlife Damage Management Program in the State of New York." The proposed action is for WS to implement an integrated wildlife damage management program to reduce damage associated with pigeons, starlings, sparrows, blackbirds, and crows to property, agricultural and natural resources, and public health and safety on all land classes in New York where a need exists, funding is available, and a request is received. This EA identifies and analyzes potential environmental effects of conducting alternative strategies for reducing pigeon, starling, sparrow, blackbird, and crow damage and identifies and analyzes issues and alternative strategies. Based on the analyses contained in the assessment, it was concluded that the proposed action will not have a significant impact upon the quality of the human environment.

Interested parties may obtain copies of the EA and Decision/FONSI by sending your requests along with your name and mailing address to USDA, APHIS, WS, 1930 Route 9, Castleton, NY 12033. For further information you may call (518) 477-4837.


Public Notice

DRINKING WATER STATE REVOLVING FUND

New York State Department of Health
Bureau of Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216
and
New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS

New York State Drinking Water State Revolving Fund Intended Use Plan

The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) propose to amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 27, 2004, to correct the short-term loan closed status, score, and project cost for two DWSRF projects and to adjust the estimated project cost for three DWSRF projects listed on the Project Readiness List. A project description and explanation of the reason for each change and cost increase are included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
(V) Ellisburg Jefferson Extend system to serve area with private contaminated wells, consolidate public water supply, and eliminate public water supply with past total coliform detections. 17201 $0 $2,942,700 This project was incorrectly listed as closed short term. The score is amended to eliminate the short- term points resulting in a revised project score of 135 points. The actual project that closed short term was DWSRF Project # 17202 (T) Ellisburg and is addressed below. The project cost amount is amended to reflect the original project costs submitted by the applicant.
(T) Ellisburg Jefferson Consolidation of Belleville-Henderson Central School which has E. coli and Nitrate MCL violations. Extend system to serve areas currently served with substandard private wells. 17202 $4,286,900 $0 This project closed short term during the previous funding cycle but was not designated as such. Project # 17201 (V) Ellisburg was incorrectly designated as closed shot term and is addressed above. The score is revised to add the short-term closed points resulting in a revised project score of 1225. The project cost amount is amended to reflect the remaining balance not funded with the short term financing.
(T) Urbana Steuben Extend system to serve area with private contaminated wells, consolidate public water supplies, and eliminate public water supply with past E. coli detection. 16645 $0 $1,000,000 The cost increase is the result of an update of the original project estimate by the engineer. It is attributed to inflation and an increase in material costs, including the significant increase in steel prices since the original project estimate. The current IUP cost reflects the project’s remaining balance not funded with its short-term loan.
(T) Forestport Oneida Upgrade Distribution System, New Ground Water Source 15562 $2,670,000 $3,150,000 The cost increase is the result of an update of the original project estimate by the engineer. It is attributed to inflation and an increase in material costs, including the significant increase in steel prices since the original project estimate.
(C) Buffalo Erie Upgrade Water Treatment Plant 17180 $12,339,234 $17,339,000 Additional inspections of the facility have identified added improvements that are required in order to further improve overall reliability of the water filtration process, and to improve the longevity of the 80-year-old filter plant and the planned upgrades.

The Department has determined that the short-term loan closed status changes and project cost increases are necessary, reasonable and consistent with the original project concept. In addition, the scope of the projects has not changed. Although we have altered the project priority rankings to accommodate the corrections made to the short-term loan closed status of the two projects, those two corrections and the project cost increases will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted changes, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings.

Written statements or comments on the above DWSRF short-term loan closed status changes and project cost increases will be accepted by fax or mail until close of business on March 24, 2005 and should be filed with:

Mr. Michael E. Burke, P.E.
Director
Bureau of Water Supply Protection
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Fax Number: (518) 402-7659

The revised Project Readiness List may be obtained by calling DOH’s toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.