Consolidated SPDES Renewals
New York State Department Of Environmental Conservation
Proposed New York Section 111(d) State Plan
For Implementation Of Coal-Fired Electric Steam Generating Unit
Mercury Emission Guidelines
(Mercury State Plan)
Notice is hereby given that the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (Department) will hold a legislative PUBLIC HEARING on the proposed Mercury State Plan.
On May 18, 2005 EPA finalized the Clean Air Mercury Rule (CAMR) (70 Federal Register 28605-28700) and established performance standards for mercury for new and existing coal-fired electric utility steam generating units. CAMR limits mercury emissions and creates a market-based cap-and-trade program that permanently caps utility mercury emissions nationwide in two phases. Pursuant to 40 CFR 60.4141, all States are required to submit to EPA their designated mercury allowances for each coal-fired electric steam generating unit by November 17, 2006.
The Department is incorporating 6 NYCRR Part 246, "Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units" into the Mercury State Plan in lieu of accepting the model rule requirements of the federal Clean Air Mercury Rule. Part 246 will achieve a 90 percent reduction in mercury emissions from the coal-fired electricity generating units covered by the CAMR in two phases. Phase I of Part 246 imposes facility-wide mercury emission limitations based upon the state mercury budget distributed to New York State by EPA. The facility-wide emission limitations will be in effect from 2010 to 2014. Phase II of Part 246 establishes a unit-based emission limit of 0.6 pounds per trillion Btu on a 30-day rolling average basis for each applicable unit starting in 2015. The Department is also amending 6 NYCRR Part 200, "General Provisions", to incorporate by reference the relevant CAA sections and the federal regulations applicable to the Program.
The PUBLIC HEARING on the proposed Mercury State Plan, which includes 6 NYCRR Part 246 and amendments to 6 NYCRR Parts 200 as proposed in the New York State Register and Environmental Notice Bulletin on September 6, 2006, as well as appendices containing supporting documents, will be conducted as follows:
DATE: MONDAY, NOVEMBER 6, 2006
TIME: 2:00 P.M.
PLACE: New York State Department of Environmental Conservation
Albany, NY 12233
The PUBLIC HEARING is scheduled in a place that is reasonably accessible to persons with impaired mobility. At the hearing, the Department will provide interpreter services for deaf persons at no charge. Written requests for such services are required and should be submitted by October 26, 2006, to Laura Becker, NYSDEC, 625 Broadway, Albany NY 12233-3250; (518) 402-8451; email@example.com.
Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration stating that the proposed action will not have a significant effect on the environment.
The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed Mercury State Plan to attend the hearing and/or to submit oral or written statements for the record. A cumulative record will be compiled of both oral and written statements received. It is not necessary for persons wishing to make an oral statement to request an appointment in advance. Written statements received prior to, during, or after the hearing and oral statements made at the hearing will be given equal weight.
Written statements must be received by 5:00 p.m. on November 6, 2006, and should be sent to: Robert D. Bielawa, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone (518) 402-8396; email firstname.lastname@example.org.
The proposed Mercury State Plan may be obtained from Mr. Bielawa or from any of the following Department offices:
REGION 1, Building #40, State University of New York, Stony Brook, NY 11790, Attention: Ajay Shah
REGION 2, Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Sam Lieblich
REGION 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Ken Gryzb
REGION 4, 1150 North Westcott Rd., Schenectady, NY 12306, Attention: Don Spencer
REGION 5, Hudson Street Extension, Box 220, Warrensburg, NY 12885, Attention: Jim Coutant
REGION 6, Watertown State Office Bldg., 317 Washington St., Watertown, NY 13601, Attention: Thomas Morgan
REGION 7, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker
REGION 8, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott
REGION 9, 270 Michigan Ave., Buffalo, NY 14202, Attention: Larry Sitzman
New York State Environmental Facilities Corporation
Notice Of Final Description of Eligible Project Categories
Financial Assistance To Business
I. BACKGROUND, SCOPE AND APPLICABILITY
The New York State Environmental Facilities Corporation (EFC), through its Financial Assistance to Business (FAB) Water Program, proposes to provide funding; 1) to businesses and to water suppliers on behalf of businesses for all projects that will create, improve or extend water supply facilities that are designed to comply with applicable federal laws and State drinking water supply requirements; and 2) to businesses and municipalities on behalf of business for projects that will create, improve or extend wastewater treatment facilities that are designed to comply with applicable federal and State water quality requirements. This funding will be made pursuant to the FAB Water Program that was created by Governor George E. Pataki's Clean Water/Clean Air Bond Act of 1996, and implementing regulations (21 NYCRR Part 2606). All eligible projects must demonstrate an environmental or public health benefit.
The FAB Water Program was established to help businesses and water suppliers on behalf of businesses, increase the availability and improve the quality of water supplies and to help businesses and municipalities on behalf of business increase the availability and improve the quality of wastewater treatment facilities.
Assistance from the FAB Water Program will be available only to projects that are located in villages, towns, and cities with a population of less than one million people.
II. PURPOSE OF THIS NOTICE
As required by Part 2606, this notice describes eligibility requirements for the FAB Water Program, 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. Terms used in this notice have the following meanings:
"Water supply project" means the planning, design, construction, improvement, or acquisition of facilities, equipment, sites, or buildings for the supply, control, treatment, distribution, and transport of water supplies to ensure the integrity and quality of such water including compliance with the federal Safe Drinking Water Act and other applicable federal and State drinking water supply standards.
"Wastewater Treatment Facility" means the planning, design, construction, improvement, or acquisition of facilities, equipment, sites, or buildings needed to reduce or prevent water pollution including compliance with the federal Clean Water Act and other applicable federal and State water quality standards.
IV. DESCRIPTION OF ELIGIBLE PROJECTS
Projects eligible for funding under the FAB Water Program must demonstrate an environmental or public health benefit, and may include investments to construct, upgrade, improve or replace infrastructure which will provide to businesses: 1) water supplies which meet the requirements of the federal Safe Drinking Water Act and other applicable federal and State water supply requirements; or, 2) wastewater treatment facilities which meet the requirements of applicable federal and State water quality requirements. Some other examples include:
Water Supply Projects include:
Wastewater Treatment Projects include:
V. PROJECT SELECTION
All complete applications will be evaluated based upon characteristics of each proposed project. This evaluation will be based upon factors including, but not limited to:
Once a decision to fund a project is made, EFC will notify successful project owners and execute an Agreement describing the rights and responsibilities of the parties. EFC will then begin processing the State Assistance Payments (SAPs). No funds will be disbursed until all necessary permits and approvals for the project (including, the New York State Department of Health (NYSDOH) approval to create, construct or modify a public water system, any State Environmental Quality Review Act (SEQRA) requirements, and, if necessary, a New York State Department of Environmental Conservation (NYSDEC) water supply permit) have been received.
VI. PROJECT COMPLETION DATE
All approved project applicants for which FAB Water Program funding is awarded must enter into and fully execute an Agreement with EFC for a SAP within three (3) years of the date of the FAB Water Program eligibility approval letter. In addition, all approved projects must commence within four (4) years of the date of this letter.
VII. AMOUNT OF FUNDING
EFC will make SAPs for not more than 75% of the cost of an eligible project on a reimbursement basis. EFC may award less than 75% of the cost of a project based upon a determination that the amount of the award will allow the project to proceed, given other sources of funding.
VIII. APPLICATION SCHEDULE
EFC will accept applications for SAPs under the FAB Water Program through October 20, 2006. Applications are available at the address listed below or on EFC's website, www.nysefc.org.
IX. ADDITIONAL REQUIREMENTS
(1) Project Limitations:
All recipients must pledge not to remove from the State any assets purchased with funds received from the FAB Water Program.
(2) Application Procedure:
The procedures for administering the FAB Water Program, including the submission, review, and approval of requests for State Assistance, will be governed by 21 NYCRR Part 2606.
X. INFORMATION AVAILABILITY
Any person seeking additional information or application material should contact EFC at:
NYS Environmental Facilities Corporation
Financial Assistance to Business (FAB)
Attention: FAB Water Project Manager
Albany, New York 12207-2997
Telephone Numbers: (800) 200-2200 (within NYS) or (518) 486-9246
Fax: (518) 486-9248
www.nysefc.org (Click on Programs, Financial Assistance to Business, FAB Water)
Part 616 of 6 NYCRR
On September 25, 2006, the Department of Environmental Conservation filed with the Secretary of State its Notice of Adoption, Certification, and Express Terms to amend Part 616 of Title 6 of the New York Compilation of Codes, Rules and Regulations. This amendment will correct typographical and clerical errors that occurred as a result of the prior revisions made to these regulations that govern the Departmentís Freedom of Information Law (FOIL) protocols. These changes are very minor and no comments were received as a result of the Departmentís Notice of Proposed Rulemaking that was published in Issue 29 of the State Register on July 19, 2006.
The amendments will become effective upon publication in the State Register on October 11, 2006.
For more information about this rulemaking, please contact: Helene G. Goldberger at email@example.com or (518) 402-9010.
New York State Department of State
41 State Street
Albany NY, 12231
Environmental Protection Fund
New York State Quality Communities Program
Eligible applicants: counties, towns, cities, villages, local public authorities, local public benefit corporations, indian tribes/nations, and not-for-profit corporations (under certain conditions). Funds are available for planning projects which revitalize downtowns, develop strong economies and protect environmental resources. Eligible applicants may apply for grants by submitting proposals that incorporate one or more of the following programs: Intermunicipal Growth, Community Growth, Community Open Space, Mountain Communities and Community Center.
Request for applications and forms along with other pertinent information are available for downloading from the: Quality Communities Clearinghouse Web site: www.qualitycommunities.org, . For other information please call, 518-473-3355 or email QC@dos.state.ny.us.
Applications must be received (received, not postmarked) no later than: 4:00pm Friday, November 17, 2006