ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of Adoption

6 NYCRR Subpart 482-2, Operating Permit Program Fee Rule
NYS Department of Environmental Conservation

Pursuant to the provisions of Environmental Conservation Law, Section 72-303(1), the NYS Department of Environmental Conservation hereby gives notice of the following:

NOTICE OF ADOPTION OF RULE - Pursuant to the provisions of Section 22 of the NYS Clean Air Compliance Act (ECL 72-0303), the 2005 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin and filing with the Department of State. The purpose of the rule is to establish the annual fee to be submitted by air contamination sources subject to the operating permit program for emissions of regulated air contaminants.

6 NYCRR 482-2 Operating Permit Program Fee (Statutory Authority: Environmental Conservation Law, Sections 3-0301, 72-0303, 19-0311)

Sections 482-2.1 through 482-2.3 remain unchanged.

Section 482-2.4 reads as follows:

482-2.4 Annual fee and fee calculation.
(a) Fee.
Each person subject to fees under this Subpart must submit a fee to the department. The fee per ton, up to six thousand tons annually, of each regulated air contaminant is as follows:

(b) Fee calculation.
(1) The amount of the fee set forth in subdivision (a) of this section is calculated by the Department pursuant to section 72-0303 of the Environmental Conservation Law. The 2005 fee has been calculated by dividing the current State fiscal year appropriation for the operating permit program by the total tons of emissions of regulated air contaminants from sources subject to the operating permit program during the last preceding calendar year, with consideration given to any surplus or deficit in the operating permit program account of the clean air fund established pursuant to section ninety-seven-oo of the State Finance Law, any loan repayment from the mobile source account of the clean air fund established pursuant to section ninety-seven-oo of the State Finance Law and the rate of collection of bills issued for the fee.

(2) The amount of each factor used in the fee calculation by the Department for the current year is hereby established as follows:

      (i) the State fiscal year 2005-06 appropriation for the operating permit program is $21,997,000;

      (ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is 282,000 tons;

      (iii) As of March 31, 2005 the actual operating permit program account balance was $40,177. Of this balance, an estimated $1,132,777 will be required to liquidate obligations made pursuant to appropriations made for fiscal years prior to 2005-06. The estimated deficit of $1,092,600 will be applied towards the appropriation for SFY 2005-06.

      (iv) the loan repayment from the mobile source account of the clean air fund is zero since no loan was made;

      (v) the collection rate of bills for the prior fiscal year is 98.59 percent.

(3) Commencing January 1, 1999, the maximum fee per ton is $45.00. The amount of the fee set forth in subdivision (a) of this section is the maximum fee per ton allowable under section 72-0303(3) of the Environmental Conservation Law.

(4) The calculation is as follows:
($21,997,000 - negative $1,092,600) / (282,000 x .9859) = $83.05

However, as established in paragraph (3) of subdivision (b) of this section, the fee calculation results in a fee that exceeds the maximum that may be assessed. The fee for 2005 is forty-five dollars ($45.00) per ton.

Notice: This is to notify persons subject to the operating permit program fee that pursuant to section 72-0201 of the Environmental Conservation Law, any person who fails to pay fees required pursuant to section 72-0303 of the Environmental Conservation Law shall pay a penalty of fifty percent of the unpaid fee amount plus interest on the unpaid fee amount computed in accordance with section 6621(a)(2) of the United States internal revenue code of 1986 (Public Law 99-514, 26 S. S. C. section 1 et seq.) from the date the fee was required to be paid.

For further information contact: CathyJo Rogers, NYS Department of Environmental Conservation, Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, 518 402-8451, E-mail 482oppfee@gw.dec.state.ny.us.


Public Notice

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

Draft 2006 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) 2006 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, 2005 and September 30, 2006, 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; 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) 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 12, 2005 to the EFC for CWSRF projects and before Friday, August 12, 2005 to the DOH for DWSRF 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 a CWSRF Project Listing Form and an approvable engineering report or technical report to the EFC by August 12, 2005 to be listed for financing of point source or nonpoint source projects in the Annual List of the CWSRF IUP, and to submit a financing 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” and a CWSRF Land Acquisition Project Listing Form. 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 a DWSRF Pre-Application Form and an engineering report or plans and specifications to the DOH by August 12, 2005, 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 2006 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 www.health.state.ny.us (click on the “Topics A to Z” button, “Drinking Water”, and “Drinking Water State Revolving Fund”).

DUE DATE FOR COMMENTS:

Written statements or comments on the draft IUPs can be filed prior to the July 21, 2005 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 12, 2005

Submit comments to: Mr. Robert Davis, P.E.
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 12, 2005

Submit comments to: Mr. John M. Dunn, P.E.
Acting 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 are 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 21, 2005
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)
( ¼ mile east on Albany Shaker Road)
Albany, NY (518) 458-9274

APPLICATION PACKAGES & DUE DATES:

Copies of the FFY 2006 CWSRF and DWSRF Application Packages will be mailed to applicants with projects on the draft 2006 CWSRF or DWSRF IUPs that may be potentially reachable for financing during this IUP financing period (October 1, 2005 to September 30, 2006). Copies of the application packages will also be available at the public meeting and hearing. For a copy of the FFY 2006 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 or up to three years, which ever is earlier. 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 non-grant third-party funding sources (i.e., USDA – RD loans). 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 financings must be submitted by October 3, 2005 for both SRF programs, with closing targeted for early March 2006. Complete applications for the Summer Pool long-term leveraged financings must be submitted by March 1, 2006 for both SRF programs, with closing targeted for late July 2006. Complete applications for CWSRF direct long-term financing and short-term financing for projects on the Annual PPL must be submitted before March 1, 2006. Complete applications for DWSRF non-hardship direct long-term financing or short-term financing must be submitted before May 1, 2006 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 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 short-term 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 2006 IUP period. However, Hardship Application Forms received after December 1, 2005 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 2006 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
Chief, Program Implementation Section
Bureau of Water Supply Protection
New York State Department of Health
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
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.


Public Notice

Solicitation of All Available Data for the 2006 New York State Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2006.

To support the development of the Section 303(d) Lists, States are required to assemble and evaluate existing and readily available water quality related data and information. The purpose of this notice is to announce the schedule for updating the NYS Section 303(d) List and solicit data and information that may be useful in compiling the list.

The water quality assessment of New York State’s waters is a continuous process. Every year waters in 2 or 3 of the 17 drainage basin in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every 5 years. The assessment of these waters is a public process which includes both the participation of a wide range of state, federal and local agencies and non- government water quality partners (watershed groups, lake associations, academic researchers, etc.) and the solicitation of data and information from these groups. NYSDEC is able to effectively manage the reassessment process by focusing the effort on specific drainage basins over a five-year period. Concentrating on a few basins each year allows NYSDEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data. In order to maintain an effective and comprehensive review of solicited data and information, it is necessary to establish a cut-off date for the receipt of water quality data and information.

In order to be included for consideration in the compiling of the 2006 Section 303(d) List, data and information must be received by September 30, 2005. It is not the intent of the September 30 cut-off date to exclude additional information. Rather it is to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the list, and submit a final list to USEPA.

Additionally, while data may be submitted for any water in New York State prior to the September 30 cut-off date, the focus of the current assessment effort is in the following drainage basins: Allegheny River Basin, Black River Basin, Chemung River Basin, Lake Ontario (Minor Tribs) Drainage Basin, Lower Hudson River Basin, Oswego River (Finger Lakes) Drainage Basin, and Upper Hudson River Basin. Again the purpose of this drainage basin focus is not to exclude or otherwise limit solicitation of data, but to provide the same level of scrutiny and public review of all water quality information received and allow all who wish to participate equal involvement in the process.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2006 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List Assessment Worksheet. This worksheet allows the capture of water quality information based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. The worksheet and instructions for completing it can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179, or via email at dmwicker@gw.dec.state.ny.us. The worksheet /instructions are also anticipated to be available on the NYSDEC website at: www.dec.state.ny.us/website/dow/bwam/wqap.html.

The submission of water quality monitoring data should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Additional information regarding the NYSDEC Water Quality Assessment Program and the Waterbody Inventory/Priority Waterbodies List is included in the New York State Section 305(b) Water Quality Report. www.dec.state.ny.us/website/dow/bwam/305b.html.


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 adjust the estimated project cost for one DWSRF project listed on the Project Readiness List. A project description and explanation of the reason for the cost increase are included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
(V) Athens Greene Upgrade Water Treatment Plant 15701 $0 $900,000 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 since the original project estimate and required redundancy. The current IUP cost reflects the project’s remaining balance not funded with its short-term loan. The proposed IUP cost is the amount of the cost increase.

The Department has determined that the project cost increase is necessary, reasonable and consistent with the original project concept. In addition, the scope of the project has not changed. This project cost increase will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted change, there is no other change to projects listed on the Project Readiness List or to the project priority rankings.

Written statements or comments on the above DWSRF project cost increase will be accepted by fax or mail until close of business on July 14, 2005 and should be filed with:

Mr. John M. Dunn, 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.