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Public Notice

Notice of Availability of Final Program Policy for Selection of Presumptive/Proven Remedial Technologies for New York State’s Remedial Programs

Notice is hereby given that the New York State Department of Environmental Conservation (Department) has prepared a program policy regarding selection of presumptive/proven (presumptive) remedial technologies to provide guidance to Department staff and the public in implementing and complying with 6 NYCRR section 375-1.8.

Cleaning up contaminated sites in New York State has been a mission of the Department for over 25 years. This document provides brief descriptions of generally accepted presumptive remedial technologies. It is applicable to the Department’s remedial programs consisting of the State Superfund Program (SSF), the Environmental Restoration Program (ERP) and the Brownfield Cleanup Program (BCP); and it may be applied as appropriate to the Department's Voluntary Cleanup Program (VCP) and Response Program (RP).

The Department has gained considerable experience on remedial cleanup approaches and technologies and has found that there are categories of sites which have similar characteristics, such as types of contaminants present, past industrial use, or environmental media affected for which a "presumptive remedy" approach is appropriate. The "presumptive remedy" approach would involve selecting remedies that have already been proven to be both feasible and cost-effective for specific site types and/or contaminants. The objective of this policy is to use the Department’s past experience to streamline site investigations and make remedy selection quicker and more consistent.

The draft policy was published in the December 6, 2006 issue of the Environmental Notice Bulletin, which announced a 30-day comment period pertaining to the proposed policy and the availability of the full text document for review. The Department did not receive any comments during this public comment period.

Pursuant to ECL §3-0301(2)(z), this program policy will become effective 30 days from the date of this publication.

The final Policy is available on the Department’s website at: www.dec.state.ny.us/website/der/index.html#new. In addition, it can be obtained from Dr. Chittibabu Vasudevan, Director, Remedial Bureau A, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7015; (518) 402-9625.

Public Notice

Final Amendment No. 3 to the FFY 2007 DWSRF Intended Use Plan
Additional Funding Availability and Fund Adjustments

The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) announce that the Federal Fiscal Year (FFY) 2007 Intended Use Plan (IUP) for the Drinking Water State Revolving Fund (DWSRF), dated September 28, 2006, is amended.

Amendment No. 3 reflects adjustments to the sources and uses of funds available for the remaining FFY 2007 IUP financing period based on an additional $6,500,000 in capital released from long term investment back to the DWSRF program. These fund adjustments will be used first to finance cost increases to projects above the funding line on the final DWSRF IUP Readiness List and second, in order of score and to the extent funds are available, to finance projects below the funding line that have submitted DWSRF financing applications by the due dates referenced in the final IUP.

The comment period for Amendment No. 3 to the 2007 DWSRF IUP remained open until close of business, Friday, February 23, 2007. No public comments were received that affected projects to be funded in the current IUP financing period or necessitated revision of the amendment. Therefore, Amendment No. 3 is considered final.

The Final Amendment No. 3 will be available on the DOH website at www.health.state.ny.us (click on “Topics A to Z”, then “Drinking Water”, then “Drinking Water State Revolving Fund”) and on the EFC website at www.nysefc.org (click on “Programs”, then “Drinking Water State Revolving Fund”, then “IUP and Amendments”). Copies of Final Amendment No. 3 can also be requested by calling DOH’s toll-free information line at (800) 458-1158, extension 27676, or (518) 402-7676, or by calling the EFC toll-free line at (800) 882-9721 or (518) 402-7433.

Public Notice

The New York State Department of Environmental Conservation is soliciting public comments on a Draft Sportfishing Restoration and Spending Plan for the Lake Ontario System. The Draft Plan proposes ways to restore/enhance recreational fishing and fisheries in the New York waters of the lower Niagara River, Lake Ontario, the St. Lawrence River, and their tributaries upstream to the first barrier impassable to fish (hereafter referred to as the Lake Ontario system).

Funds for this restoration are available from a settlement of the State’s Natural Resource Damages (NRD) claim for the Lake Ontario system. The Occidental Chemical Corporation agreed to pay the State $12 million in five equal payments over four years. The settlement was based on an assessment of the damages to the State’s natural resources, in particular a loss of recreational fishing benefits resulting from the imposition of fish consumption advisories because of the presence of contaminants in Lake Ontario fish. The proceeds of the settlement will be used to restore/enhance sportfishing and the injured natural resources.

Copies of the Draft Plan can be viewed or downloaded from; www.dec.state.ny.us/website/dfwmr/fish/lkontactivities.html or from NYSDEC Regional Headquarters in Watertown, Syracuse, Avon and Buffalo. Public meetings are scheduled as follows:

Region City Time Date Facility Contact
6 Ogdensburg 7:00 PM 2-12-2007 St.Lawrence Valley Sportsmens Club Route 37
Red Mills, NY
Frank Flack
(315) 785-2262
6 Watertown 7:00 PM 2-13-2007 Watertown State Office Building
First Floor Conference Room
317 Washington St.
Watertown, NY
Frank Flack
(315) 785-2262
7 Mexico 7:00 PM 2-14-2007 Mexico H.S. Auditorium
Route 104
Mexico, NY
Daniel Bishop
(607) 753-3095
8 Rochester 7:00PM 2-7-2007 RIT campus, Carlson Aud., Imaging
Science Bldg. 1 Lomb Memorial Drive
Rochester, NY
Web Pearsall
(585) 226-5339
9 Lewiston 7:00 PM 2-15-2007 Lewiston-Porter H.S.
4061 Creek Road
Youngstown, NY
Paul McKeown
(716) 372-0645

All interested parties are encouraged to use [website] for both reviewing the Draft Plan and for submitting comments. Conventional written comments should be mailed to:

Mr. Christopher J. Balk
Lake Ontario Natural Resource Damages Coordinator
New York State Department of Environmental Conservation
P.O. Box 292
Cape Vincent, New York 13618

All comments must be received by 3-20-2007.