ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

2006 Hudson River Estuary Grants Under the NYS Environmental Protection Fund

ELIGIBLE APPLICANTS ARE MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF THE HUDSON RIVER ESTUARY AND ASSOCIATED SHORE LANDS.

Applications will be accepted through May 26, 2006 for grant funding under the Hudson River Estuary Grant program. Anticipated grant funds from the NYS Environmental Protection Fund for State Fiscal Year (SFY) 2006-07, is approximately $1 million. This is a competitive grant program and projects must implement priorities identified in Governor George E. Pataki’s Hudson River Estuary Action Agenda 2005 -2009. The Agenda establishes goals and targets for accomplishments which can be celebrated in 2009 during the Hudson/Fulton/Champlain Quadricentennial. Projects must help achieve or support the goals of the Estuary Action Agenda in one of the following five categories: Community Interpretive Centers and Education; Open Space, Planning, Inventory and Acquisition; Community-based Habitat Conservation and Stewardship, Watershed Planning and Implementation; and Hudson River Access: Boating, Fishing, Swimming, Hunting, Hiking, or River Watching. Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River estuary and associated shore lands. State assistance may fund up to 75 percent of approved project-related costs. The matching share to be provided by the recipient is 25 percent.

Applications are available on-line and can be downloaded and filled in at: www.dec.state.ny.us/website/hudson/hrep.html or for a copy of the application you may contact: NYS Department of Environmental Conservation, 21 S. Putt Corners Road, New Paltz, NY at (845) 256-3016.


Pollution Prevention and Environmental Compliance Council Meeting

The Pollution Prevention and Environmental Compliance Council hereby gives notice that a meeting of the Council will be held from 1:00 - 3:00 p. m., March 23, 2006 in the 4th floor conference room of the Empire State Development’s main offices at 30 South Pearl Street, Albany, New York.

Council members include: the New York State Department of Environmental Conservation, the New York State Environmental Facilities Corporation, the New York State Department of Economic Development, the New York State Energy, Research and Development Authority and the New York State Office of Science, Technology and Academic Research.

The Council was established to provide guidance on the development of pollution prevention programs. The Council will consider the following:

This meeting is open to the public.

Dennis J. Lucia
Acting Secretary
Pollution Prevention and Environmental Compliance Council
NYS Department of Environmental Conservation
625 Broadway
Albany, New York 12233-1750
Ph: (518) 402-9469


Public Notice

This notice announces the availability of the Draft New York State 2006 Section 303(d) List of Impaired Waters. The list identifies those waters that do not support appropriate uses and that require and are scheduled for development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 30 days, through March 17, 2006.

BACKGROUND: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to develop a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State waters. The CALM describes the water quality assessment and Section 303(d) listing process in order to improve the consistency of assessment and listing decisions.

INFORMATION: Copies of the Draft New York State 2004 Section 303(d) List 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. An electronic version of the list can also be requested by email to dmwicker@gw.dec.state.ny.us. The list is also expected to be available on the NYSDEC website during the comment period at: www.dec.state.ny.us/website/dow/303d2006.pdf.

Public comments regarding the Section 303(d) List should be mailed to the Bureau of Watershed Assessment and Management at the above address.


Public Notice

Proposed Technical Amendment to the LIS TMDL

In January 2001, the New York State Department of Environmental Conservation ("Department") submitted A Total Maximum Daily Load Analysis to Achieve Water Quality Standards for Dissolved Oxygen in Long Island Sound (hereafter the "LIS TMDL") to the U.S. Environmental Protection Agency. www.dec.state.ny.us/website/dow/tmdllis.pdf . The LIS TMDL was developed jointly with the Connecticut Department of Environmental Protection ("Connecticut DEP"). In April 2001, the U.S. Environmental Protection Agency ("EPA") determined that the LIS TMDL met the requirements of section 303(d) of the Clean Water Act, and EPA's implementing regulations (40 CFR Part 130) and thereby approved the LIS TMDL. EPA's Approval Letter for the LIS TMDL, (April 3, 2001).

Table 6 of the LIS TMDL identifies the sum of the New York and Connecticut Waste Load Allocations ("WLAs") from each of 11 management zones. Table 7 of the LIS TMDL contains equivalency factors that identify the relative impact of nitrogen from each zone on dissolved oxygen ("DO") conditions in Long Island Sound. Compliance with the LIS TMDL can be achieved through meeting the WLAs or through new allocations resulting in equal or greater water quality improvements, as defined by the Table 7 equivalency factors. The equivalency factors comprise river delivery factors (the amount of nitrogen discharged to a river segment that makes it the mouth of the river) and Long Island Sound transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots). In other words, allocations among facility-specific WLAs can be modified without resubmitting a revised LIS TMDL as long as the new allocations resulted in equal or greater water quality improvements, as determined by the use of the exchange ratios identified in Table 7 of the LIS TMDL document.

The Table 7 transport efficiencies were established from predictions of the "LIS 3.0" water quality model developed in the 1990s. A new model, called the Systemwide Eutrophication Model ("SWEM") has subsequently been developed. The Department recognized early on that SWEM had certain advantages over LIS 3.0 and that the SWEM should be used in the future, once accepted. See Department Response to Public Comments on the LIS TMDL, Modeling Tools on pg 10-11 and Recent/Future Monitoring on pg 24 (January 2001), www.dec.state.ny.us/website/dow/responseliss.pdf. In fact, the LIS TMDL cites the application of SWEM as one of the elements to a planned revision of the LIS TMDL. See LIS TMDL, Reassessment on pg 48 and Table 14. SWEM contains a number of technical improvements over LIS 3.0 and has since been reviewed and approved by the Long Island Sound Study for application to Long Island Sound planning and management.

In light of its subsequent approval by the Long Island Sound Study and after consultation with and without objection from Connecticut DEP, the Department hereby proposes a limited amendment to the LIS TMDL to incorporate the insights from SWEM predictions of the relationship between the DO response to nitrogen discharges from zone 8 (the upper East River Management Zone) and zone 9 (the lower East River Management Zone). This limited technical amendment would support the New York City Department of Environmental Protection's ("New York City DEP") development of a long-term nitrogen control program to attain its WLAs for zone 8 and zone 9 discharges, without compromising water quality. The technical amendment would formalize the use of SWEM ratios in meeting the allocations to those zones in advance of a more comprehensive revision of the LIS TMDL. The Department is soliciting public comment on the proposed amendment before submitting it to the EPA for review and approval.

SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0. SWEM also predicts that the ratio of the transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots) between zone 8 and zone 9 is 4:1, compared to the LIS 3.0 transport ratio of 2:1. Therefore, the Department proposes to modify the LIS TMDL Table 7 transport efficiencies for zone 8 and zone 9 to a 4:1 ratio from a 2:1 ratio. New York City DEP would comply with the LIS TMDL through meeting the WLAs or through new allocations using the updates to the Table 7 equivalency factors. This revision to the equivalency factors would only apply to reallocations between zone 8 and zone 9. Because SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0, this change places no additional burden on discharges from other zones to achieve water quality standards. The timeframe for using this amendment based on a combination of SWEM and LIS 3.0 ratios would be until the anticipated full SWEM technical update (and other technical updates) are incorporated into a complete LIS TMDL revision.

Public comment on the proposed amendment will be accepted for 30 days, through April 7, 2006. Comments should be submitted in writing to Philip O’Brien of Division of Water, 625 Broadway, Albany, NY 12233-3502, or by email at pxobrien@gw.dec.state.ny.us.


Comment Period

Comment Period for Five Rivers UMP Scoping Open Through March 28th, 2006

The New York State Department of Environmental Conservation welcomes public comments on the scope of the unit management plan for the Five Rivers Environmental Education Center. The principal goals of the Draft Plan are to study new capital initiatives at the Center, and to articulate a shared vision for the long term management and operation of the popular facility.

The purposes of the comment period are to provide ample opportunity for citizen participation at the earliest stage of the planning process, and to ensure that the Draft Plan addresses issues relevant to the public and faithfully reflects community needs and interests. Those wishing to contribute to the planning discussion may submit written comments to Five Rivers Center, 56 Game Farm Road, Delmar, NY 12054 through close of business, Tuesday, March 28.

Publication of the proposed Draft Plan is targeted for September 2006. Those wishing to receive the list of suggested discussion topics or to request "interested party" status for the unit management plan initiative are urged to contact the Center at 475-0291 to get on the mailing list.


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

Draft Amendment #2 to the Drinking Water State Revolving Fund Intended Use Plan issued September 27, 2005 was published in the February 15, 2006 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #2 closed on March 2, 2006. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 27, 2005 to add a project 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) Marathon Cortland New groundwater source and distribution system 15586 $930,000 $1,377,186 The cost increase is the result of additional hydro-geological studies and increased material and labor costs since original estimates in June 2002.
(T) Richland Oswego New system to serve area with private contaminated wells, consolidate public water supply that is in violation of the Surface Water Treatment Rule 16010 $0 $2,000,000 The cost increase is necessary to close on long term financing and include project costs which were previously excluded from short term financing due to title certification conditions.
(T) Brasher St. Lawrence Extend system to serve area with private contaminated wells, consolidate public water supply, eliminate public water supply with past total coliform detection 17105 $0 $512,791 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 a significant increase in steel prices since the original project estimate. Current cost reads zero due to project’s short term funding of $1,447,000. The proposed IUP cost is that above the short term closed amount.
(V) Kiryas Joel Orange Water supply expansion and improvements (new wells and well fields). Consolidation with police barracks, new ground water source, new system consolidation 16752 Not in IUP $2,100,000 The Project was deleted in error from the IUP after the repayment of the short term funding. This amendment is to place the project back on the readiness list with a score of 155 points

The Department has determined that the project addition 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 addition of a project, the project addition 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.”

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.