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ENB - Statewide Notices 7/17/2019

Public Notice

Notice of Proposed Rulemaking

6 NYCRR Part 257, Air Quality Standards and Classifications

Pursuant to Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

6 NYCRR Part 257, subparts 257-2 through 257-10, list the New York State Air Quality Standards (SAQS) promulgated by the NYS DEC over several decades. A number of these SAQS are outdated and have been superseded by Federal air quality standards and will be repealed or revised. Several of the required test methods are also outdated and they have been replaced with new language allowing the testing methodology to evolve as analytical methods improve.

NYS DEC - Division of Air Resources (DAR) proposes to revise or repeal portions of this regulation to achieve parity with federal standards and support NYS DEC's mission to preserve and protect air quality.

Written comments on the proposed rule may be submitted to the contact listed below until 5:00 p.m. on, September 23, 2019.

Hearings for the proposed rule and attendant revisions to existing rules described above will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: 9/16/2019
Time: 11:00 a.m.
Location: NYS DEC
625 Broadway, Public Assembly Room 129A/B
Albany, NY 12233

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by September 9, 2019, to Richard McAuley, NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8438, E-mail: air.regs@dec.ny.gov.

Contact: Steve DeSantis, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402- 8402, E-mail: air.regs@dec.ny.gov


Notice of Proposed Rulemaking

6 NYCRR Subpart 227-2, Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx)

Pursuant to Sections 1-0101, 3-0301, 3-0303, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 71-2103, 71-2105 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is proposing to revise 6 NYCRR Subpart 227-2, Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx) and 6 NYCRR Part 200, General Provisions. The revisions to Subpart 227-2 entail the removal of dated references, emission limitations, and practices. The revisions to 6 NYCRR Part 200 entail the updating of references. Following adopting, subpart 227-2 will be submitted to United States Environmental Protection Agency (US EPA) as a revision to the State Implementation Plan (SIP) for New York State (NYS).

Documents pertaining to this proposed rulemaking can be found on NYS DEC's website at http://www.dec.ny.gov/regulations/propregulations.html#public.

Written comments on the proposed rule may be submitted to the contact listed below until 5:00 p.m. on September 23, 2019.

Requests for information and comments related to the SIP revision may be obtained from Robert D. Bielawa, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone: (518) 402-8396, E-mail: air.regs@dec.ny.gov. Written statements may be submitted until 5:00 pm September 23, 2019.

Hearings for the proposed rule and attendant revisions to existing rules described above will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Date: 9/16/2019
Time: 11:00 a.m.
Location: NYSDEC
625 Broadway, Public Assembly Room 129A/B
Albany, NY 12233

NYS DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by September 9, 2019 to Richard McAuley, NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8438, E-mail: air.regs@dec.ny.gov

Contact: Mike Jennings, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, Phone (518) 402-8403, E-mail: air.regs@dec.ny.gov


Data Solicitation for 2020 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile every two years, a list of impaired waters that do not meet water quality standards, where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) List to the United State Environmental Protection Agency (US EPA) by April 1, 2020. To support the development of the Section 303(d) Lists, States are required to assemble and consider existing, readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2020 Section 303(d) List.

Background: Water quality assessment of New York State's waters is a continuous process. Participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged.

Every two years, corresponding to the development of the State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody or basin. This allows for a more comprehensive updating of the List. Solicited data and information may result in changes to the List or may be incorporated into water quality assessments.

In order to be included for consideration in the compiling of the 2020 CWA Section 303(d) List, data and information must be received by September 27, 2019.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet, which may be found at: http://www.dec.ny.gov/chemical/36730.html. This worksheet allows for the capture of water quality information based on available data or on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific, numeric monitoring data.

Worksheet information can also be obtained by contacting: Sarah Rickard, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179. Completed WI/PWL worksheets, supporting water quality monitoring data, corresponding Quality Assurance/Quality Control (QA/QC) documentation, QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via e-mail to: 4pwlinfo@dec.ny.gov.

Guidance regarding the use of water quality data and information to conduct assessments and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. Additional information regarding Section 303(d) List development can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html.

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@dec.ny.gov.


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

Draft Intended Use Plans (IUPs) for Federal Fiscal Year 2020

The New York State Environmental Facilities Corporation (NYS EFC), the New York State Department of Environmental Conservation (NYS DEC) and the New York State Department of Health (NYS DOH) are pleased to announce the availability of the Draft Federal Fiscal Year (FFY) 2020 Intended Use Plans (IUPs) for the CWSRF and the DWSRF. The CWSRF and DWSRF programs are available to municipalities and certain non-municipal entities in New York State to finance water quality and drinking water related projects.

The Draft IUPs include lists of projects that could receive financing between October 1, 2019 and September 30, 2020, the next IUP financing period.

NYS EFC anticipates the CWSRF will be able to provide interest-free or low-interest rate financing and grant for approximately $1 billion of clean water project costs during FFY 2020. This includes an estimated federal capitalization grant amount of $120 million.

NYS DOH anticipates the DWSRF will be able to provide interest-free or low-interest rate financing and grant for approximately $231 million of drinking water project costs during FFY 2020. This includes an estimated federal capitalization grant of $45 million, of which a maximum of $9 million may be made available as grants for certain eligible projects.

Eligible Projects:

CWSRF - Municipal water pollution control projects eligible for CWSRF interest-free or low-interest rate financing and grant under Section 212 of the Clean Water Act (CWA) include, but are not limited to: wastewater treatment facilities and conveyance systems; combined sewer overflow abatement facilities; stormwater pollution abatement; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality.

Municipal and non-municipal entities eligible for CWSRF interest-free or low-interest rate financing and grant for non-point source projects that protect water quality under CWA Section 319 or implement an approved National Estuary Plan under CWA Section 320 include, but are not limited to: green infrastructure; landfill leachate collection, storage and treatment; stormwater management facilities and equipment; wetland and waterbody restoration; deficient or failing decentralized septic systems; or other non-point source projects to maintain, protect or improve water quality under Section 319.

DWSRF - Municipally-owned and privately-owned community water systems and non-profit, non-community water systems may be eligible for DWSRF subsidized financing or grant. Municipally-owned water systems that are not eligible for subsidized financing are eligible for market-rate financing at preferred rates. Projects eligible for DWSRF financing include: construction, rehabilitation, and upgrading of water treatment plants; transmission and distribution mains; storage facilities; pump stations; rehabilitation or development of new drinking water sources; consolidation of water supply services; and capital investments to improve security of drinking water systems.

Intended Use Plans and Project Listing:

Eligible entities interested in financing one or more projects not listed in the Draft CWSRF IUP or Draft DWSRF IUP should submit the appropriate IUP project listing information as soon as possible but no later than Tuesday, September 3, 2019 as provided below. For assistance with the IUP listing process, please contact NYS EFC.

For CWSRF projects, applicants must use the Project Listing and Update System (PLUS) available at: https://plus.efc.ny.gov/plus/. An approvable engineering report, and a Smart Growth Assessment Form must be provided to NYS EFC no later than Tuesday, September 3, 2019 for the project to appear on the Annual List of the Final CWSRF IUP.

For DWSRF projects, applicants must provide a DWSRF Listing Form and an engineering report or plans and specifications to NYS DOH by Tuesday, September 3, 2019, or have completed construction, to be included on the Annual List in the Final DWSRF IUP.

The Draft CWSRF and DWSRF IUPs are available on NYS EFC's website: www.efc.ny.gov.

Webinar:

NYS EFC and NYS DOH will host a webinar to review the Draft 2020 CWSRF and DWSRF IUPs on Wednesday, July 24, 2019 at 10:00 a.m. This event will present an overview of the 2020 CWSRF and DWSRF IUPs, as well as provide an opportunity to answer participant questions. A notice about the webinar will be emailed to interested parties. Registration information for this webinar will be posted on NYS EFC's website at: www.efc.ny.gov.

Public Meeting and Hearing:

A joint public meeting and hearing to review the Draft 2020 CWSRF IUP and DWSRF IUP and to accept public comments on the IUPs will be held on Thursday, August 8, 2019 at 2:00 p.m. at the William K. Sanford Town Library, 629 Albany-Shaker Road, Loudonville, NY. A notice about the public meeting and hearing will be e-mailed to interested parties. Pre-registration is not required.

The public hearing has been scheduled at a place reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within a reasonable time prior to the scheduled public hearing. The written request must be addressed to the NYS EFC representative designated below.

Due Date for Comments:

Written comments on the Draft IUPs must be submitted by 5:00 p.m. Tuesday, September 3, 2019 to:

CWSRF IUP -

Timothy P. Burns
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, New York 12207-2997
Fax: (518) 402-6954
E-mail: iupcomments@efc.ny.gov

DWSRF IUP -

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room 1135
Albany, New York 12237
Fax: (518) 402-7659
E-mail: bpwsp@health.ny.gov (if sent by email please put "Draft IUP comment" in the subject line)

NYS EFC and NYS DOH Contacts:

For assistance with the IUP listing process, or for information on the SRF programs, please contact:

CWSRF:

Dwight Brown
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (518) 402-7396
Fax: (518) 402-6954
E-mail: dwight.brown@efc.ny.gov
NYS EFC website: www.efc.ny.gov

DWSRF:

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room 1135
Albany, New York 12237
Phone: (800) 458-1158 ext. 27650 or (518) 402-7650
Fax: (518) 402-7599
E-mail: michael.montysko@health.ny.gov


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