ENB Statewide Notices 3/15/2023
Public Notice
Notice of Draft New York State Solid Waste Management Plan
Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is releasing the draft New York State Solid Waste Management Plan (Plan) for a 60 day public comment period. The Plan encompasses a 10 year planning period, from 2023 through the end of 2032, with a broader planning horizon through 2050. To protect communities and mitigate the effects of climate change, the Plan builds upon sustained efforts to reduce waste and advance New York state's transition to a circular economy. Written public comments will be accepted by NYS DEC through May 15, 2023.
Availability of documents for review:
Information concerning the review process and the Plan are available on NYS DEC's web site at: https://www.dec.ny.gov/chemical/41831.html.
Written comments:
The public is invited to submit written comments on the Plan through May 15, 2023. Written comments can be submitted by e-mailing them to NYSSolidWastePlan@dec.ny.gov Please include "Comments on SSWMP" in the subject line of the email.
Contact: Nasibah Elmi, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7250, Phone: (518) 402-8652, E-mail: NYSSolidWastePlan@dec.ny.gov
Notice of Issuance - Division of Water Technical and Operational Guidance Series (TOGS) Related to the Control of PFOA, PFOS, and 1,4-Dioxane
The New York State Department of Environmental Conservation (NYS DEC) Division of Water (DOW) has issued three new/updated Technical and Operational Guidance Series (TOGS) documents. All three TOGS are effective immediately with this notice. The new/updated TOGS documents include:
- Addendum to "TOGS 1.1.1: Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations." The TOGS addendum establishes water quality guidance values (GVs) for Perfluorooctanoic acid (PFOA), Perfluorooctanesulfonic acid (PFOS), and 1,4-Dioxane.
- A revision of "TOGS 1.3.7: Analytical Detectability and Quantitation Guidelines for Selected Environmental Parameters." The revision establishes how NYSDEC selects analytical test methods for water quality monitoring and determines reporting limits for those methods. There are limited methods approved by State or Federal oversight bodies for PFOA, PFOS, and 1,4-Dioxane, therefore this TOGS provides critical guidance on how to select analytical test methods for monitoring of these compounds.
- A new "TOGS 1.3.13: Industrial Permitting Strategy for Implementing Guidance Values for PFOA, PFOS, and 1,4-Dioxane." The new TOGS establish how the GVs for PFOA, PFOS, and 1,4-Dioxane will be prioritized for select SPDES permits to maximize environmental benefits.
New York State Department of Health (NYS DOH) adopted Maximum Contaminant Levels (MCLs) for PFOA, PFOS, and 1,4-Dioxane (1,4-D) in August of 2020. While NYS DOH MCLs provide protection for finished drinking water, NYS DEC's newly issued GVs and supporting TOGS provide timely and parallel protection of ambient waters, including those used as drinking water sources. The newly issued GVs for PFOS and 1,4-D also provide protection for aquatic life and the associated fishing best use.
Assessment of Public Comments and Final Versions of Issued TOGS
The comment period for the new/updated TOGS documents commenced on October 6, 2021 and closed on December 6, 2021. There were no substantive edits of the TOGS documents prompted by the comments received. An Assessment of Public Comments (APC) is included with the other newly issued TOGS documents at: https://www.dec.ny.gov/chemical/122803.html.
Contact: Michelle Tompkins, NYS DEC - Division of Water, 625 Broadway, Albany NY 12233-3500, Phone: (518) 402-8233, E-mail: WQSrulemakings@dec.ny.gov
Eligibility Guidelines for Water Quality Improvement and Resilient Infrastructure Projects to be Funded by the New York State Environmental Facilities Corporation
The New York State Environmental Facilities Corporation (NYS EFC) has developed the following eligibility guidelines to implement funding under the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022 (Bond Act).
These guidelines apply to financial assistance payments for municipal projects to reduce, avoid, or eliminate point and non-point source discharges to water as authorized by the New York State Water Improvement Infrastructure Act of 2017 and Public Authorities Law §1285-s (Intermunicipal Water Infrastructure Grant Program) pursuant to ECL § 58-0903(1)(e). Grant eligible critical water infrastructure projects include those that combat emerging contaminants such as PFOA, PFOS and 1,4 dioxane with system upgrades and innovative pilot technologies, along with those that address combined and/or sanitary sewer overflow impacts from extreme weather events, and those that combine green infrastructure and nature-based features to ensure climate resilient infrastructure.
New York State Water Infrastructure Improvement Act (WIIA)
Eligible projects include water quality infrastructure projects at municipally owned sewage treatment works or municipally owned public water systems for:/P>
- Construction, replacement, or repair of infrastructure; and
- Compliance with environmental and public health laws and regulations related to water quality and climate adaptation.
Each WIIA project must meet the following criteria:
- Result in construction for the requested scope;
- Not have started construction before the October 1 preceding the funding application deadline;
- Not have completed construction before the funding application deadline; and
- Include the applicable NYS EFC terms and conditions in contracts under construction.
New York State Intermunicipal Water Infrastructure Grant Program (IMG)
Pursuant to the IMG, NYS EFC will provide grants for infrastructure projects to be undertaken by two or more cooperating municipalities for consolidation of infrastructure or services. IMG funding will be awarded for construction, replacement or repair of a drinking water or sewage treatment infrastructure project that serves multiple municipalities, such as shared water quality infrastructure that protects public health, the environment, or results in compliance with environmental and public health laws and regulations related to water quality and climate adaptation.
Each IMG project must meet the following criteria:
- Serve multiple municipalities;
- Be a shared drinking water or sewage treatment infrastructure project, such as:
- More than one municipality undertaking a capital improvement project jointly,
- Consolidation of intermunicipal facilities,
- Shared water quality infrastructure,
- Regional wastewater treatment facilities, or
- The interconnection of multiple municipal water systems;
- Have a valid and binding project Intermunicipal Agreement (IMA) between at least two cooperating municipalities related to financing of the IMG project that describes the proposed project, the role of each municipality, and the costs attributable to each municipality;
- Designate a "lead municipality" that applies on behalf of all cooperating municipalities;
- Result in construction for the requested scope;
- Not have started construction before the October 1 preceding the funding application deadline;
- Not have completed construction before the funding application deadline;
- Include the applicable NYS EFC terms and conditions in contracts under construction; and
- Not be for the construction of water infrastructure that exclusively supports residential or commercial development.
A WIIA grant or IMG grant is available only to a municipality, which is defined to include a county, city, town, village, district corporation, county or town improvement district, school district, Indian Nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York State, any public benefit corporation or public authority established pursuant to the laws of New York or any agency of the State that is empowered to construct and operate a water quality infrastructure project.
NYS EFC will evaluate projects based on factors including protection of public health and water quality; governmental and community support; environmental justice consideration; and the readiness of the project to proceed. Disadvantaged communities will receive no less than 35 percent of the benefit of this funding.
Public comments on the guidelines will be accepted until Friday, April 14, 2023, at 5:00 p.m. and are to be submitted in writing to the contact listed below.
Contact: Máire Cunningham, New York State Environmental Facilities Corporation, 625 Broadway, Albany, NY 12207-2997
Phone: (518) 402-6924, E-mail: NYSWaterGrants@efc.ny.gov
