ENB - Statewide Notices 12/2/2009 - NYS Dept. ofEnvironmental Conservation

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Statewide Notices 12/2/2009

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ENB • Statewide Notices

12/2/2009

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ENS - Statewide

Notices 12/2/2009

Public Notice

Pursuant to the Environmental

Conservation Law sections 11-0303,

13-0105, and 13-0340-c the New York

State Department of Environmental

Conservation (NYS DEC) hereby gives

notice of the following:

Notice of Emergency Adoption and

Proposed Rule Making to amend 6

NYCRR Part 40.1 Marine Fish -

pertaining to the commercial and

recreational harvest of winter flounder.

This notice will be published in issue 48

of the State Register, dated December 2,

2009.

For further information please

contact:

Stephen W. Heins

NYS DEC - Division of Fish, Wildlife and

Marine Resources

Page Applies To:

Contact for this

, Page:

ENB

NYS DEC

Division of

Environmental

Permits

625 Broadway, 4th

Floor

Albany, NY 12233-

1750

518-402-9167

email us

http://www.dec.ny.gov/enb/20091202__notO.html 2/5/2010
ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environmental Conservation

Marine Resources Headquarters

205 North Belle Meade Road, Suite 1

East Setauket, NY 11733-3400

Phone: (631) 444-0435

E-mail: swheins@gw.dec.state.ny.us

Pursuant to the Environmental

Conservation Law Articles 15, 33 and

71 the New York State Dep'artment of

Environmental Conservation (NYS

DEC) hereby gives notice of the

following:

Notice of Adoption to amend 6 NYCRR

section 325.7 pertaining to exemption for

application of 100 percent corn oil to bird

eggs. This notice will be published in

issue 48 of the State R'egister, dated

December 2, 2009.

For further information please

contact:

Gordon R. Batcheller

NYS DEC - Division of Fish, Wildlife and

Marine Resources

625 Broadway

Albany, NY 12233-4754

Phone: (518) 402-8885

E-mail: grbatche@gw.dec.state.ny.us '

Pursuant to the Environmental

Conservation Law sections 11-0303,

11-0307,11-0903,11-0905,11-0909

and 11-0917 the New York State

Department of Environmen,tal

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ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environmental Conservation

Conservation (NYS DEC) hereby gives

notice of the following:

Notice of Adoption to amend 6 NYCRR

section 2.30 pertaining to Migratory

Game Birds. This notice will be

pUblished in issue 48 of the State

Register, dated December 2, 2009.

For further information please

contact:

Gordon R. Batcheller

NYS DEC - Division of Fish, Wildlife and

Marine Resources

625 Broadway

Albany, NY 12233-4754

Phone: (518) 402-8885

E-mail: grbatche@gw.dec.state.ny.us

Notice of Public Hearing

Proposed Revisions To The State

Implementation Plans For:

Interstate Transport Of PM2.

5 Under

Section 11O(A)(2)(D)(I) and

Infrastructure Assessment Un.der

Sections 11O(A)(1) And (2) Of The

Clean Air Act; Revisio,n Of Action

Levels In Air Pollution Episode

Communication Handbook; and

Regional Haze Pursuant To 40.CFR

Section 51.308

Notice is hereby given that the New York

State Department of Environmental

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ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environmental Conservation

Conservation (NYS DEC) will hold a

legislative Public Hearing on three

separate proposals:

1. A proposed State Implementation

Plan (SIP) revision demonstrating

that New York State air quality plans

meet the requirements of section

11 O(a)(2)(D)(i) of the Clean Air Act

(eM) related to interstate transport

and providing an "infrastructure"

assessment demonstrating that New

York's air program addresses basic

SIP requirements related to the

attainment of new or revised

National Ambient Air Quality

Standards (NMQS) pursuant to

sections 11 0(a)(1) and (2) of the

CM. New York is required to submit

te> the United States Environmental

Protection Agency (US. EPA) a SIP

revision demonstrating that the

interstate transport of particulate

matter emitted in New York that is

equal to or less than 2.5 microns in

size (PM2.

5) does not contribute

significantly to n,?nattainment in, or

interfere with maintenance by, any

other state with respect to any such

primary or secondary NMQS, or

interfere with measures required to

be included in the applicable

implementation plan for any other

state to prevent significant

deterioration of air quality or to

protect visibility in accordance with

section 11 O(a)(2)(D)(i). Also included

in this proposal is a demonstration

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ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environrnental Conservation

that, pursuant to sections 11 O(a)( 1)

and (2), the New York air program

includes the basic requirements

such as emission inventories,

monitoring and modeling to assure

attainment, maintenance and

enforcement of the standards. The

"infrastructure" assessment

documenting that New York State's

program has the legal and

administrative authority and

resources to meet the requirements

of the CM must also be submitted

to the US EPA.

2'. A proposed revision to the alert

levels in the "Air Pollution Episode

Communication Handbook" which is

used by NYS DEC to implement 6

NYCRR Part 207, Control Measures

For Air Pollution Episode, and to

update the state and local

emergency contacts for air pollution

episodes. These alert levels reflect

the PM 2.5 Significant Harm Levels

(SHLs) proposed by EPA on January

15, 2009 as well as values for other

criteria pollutants, and are intended

to address the requirements of CM

section 11 0(a)(2)(G), Emergency

Powers and Contingency Plans, as

they apply to New York State.

3. A proposed revision to the SIP for

Regional Haze. This proposed SIP

revision, entitled "New York State

Implementation Plan for Regional

Haze" meets the requirements of

section 169A of the eM, which sets

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ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environmental Conservation

forth a national goal for visibility

which is the "prevention of any

future, and the remedying of any

'existing, impairment of visibility in

mandatory Class I Federal areas

which impairment results from

manmade air pollution." This SIP

revision demonstrates how

reductions in the emissions of

visibility impairing pollutants in New

York will result in a decrease in the

degree of visibility impairment in

federal Class I areas in the

northeastern United States. Th,is

revision satisfies the requirements of

the federal haze program found in 40

CFR Section 51.308 by evaluating

the current and future projected

inventory of 'sources, assessing the

progress necessary to reduce

emissions to meet the interim 2018

goal, providing for consultation with

other states, tribes and FLMs in

establis~ing progress goals, and

establishing a strategy by which New

York's share of regional emission

reductions will be implemented. This

strategy was arrived at through a

consultation process with other

states and tribes, federal .land

managers (FLMs) and the US EPA

with which the State of New York

agrees and commits to implement as

described in this document.

As required under the Regional Haze

program, FLMs, which include

reoresentatives of the USDA Forest

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ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environmental Conservation

Service, the National Park Service and

the U.S. Fish and Wildlife Service, were

provided a 60 day period in which to

review New York State's draft Regional

Haze SIP. A summary of the FLM

comments is as follows:

• The FLMs note that New York State

has not finalized its Best Available

Retrofit Technology (BART)

rulemaking. BART control

requirements are an element of the

regional haze program, and New York

must have a rule in place to require

these controls to be implemented.

The draft SIP, therefore, does not

contain a list of source-specific

controls and emission limits that

would have resulted from the

application of BART requirements.

• New York's BART rule would allow

"exemption modeling" through which

some potential BART sources can

avoid BART because they are too

small or their emissions do not "caus'e

or contribute" to visibility impairment.

The FLMs are under the impression

that New York agreed not to allow

exemption modeling.

• During New York's BART rule

promulgation, comments on the

threshold -by which a source may be

shown to "cause or contribute" to

visibility impairment in Class I areas

will be solicited. Without the threshold

being established now, the FLMs are

concerned that the final list of BART

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sources cannot be identified.

• The FLMs are concerned that

rulemaking delays will keep N'ew York

from meeting its 2008 - 2013 (Le., the

5-year progress report) deadline.

• The FLMs question how proposed

emission controls were derived for

New York's share of MANE-VU's "top

167" control strategy when BART

determinations have yet to be

conducted.

• The FLMs believe fuel sulfur limits

similar to the low sulfur fuel oil

strategy which New York is planning

to add to 6 NYCRR Part 225 in 2012

should be considered whil~

conducting BART determinations.

• The FLMs want a disclaimer added to

the SIP acknowl.edging that the FLMs

will be provided a 60 day period in

which to review BART determinations

and any exemption modeling

demonstrations.

A Public Hearing will be held for this

proposal at the following location and

time:

Date: Tuesday, January 5, 2010

Time: 11 :00 a.m.

Place: New York State Department of

Environmenta"1 Conservation

625 Broadway

Room 129B

Albany, NY 12233

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The public Hearing is scheduled in a

place that is reasonably accessible to

persons with impaired mobility. At the

hearing, NYS DEC will. provide

interpreter services for deaf persons at

no charge. Written requests for such

services are required and should be

submitted by December 15,2009, to

Laura Stevens, NYS DEC, 625

Broadway, Albany NY 12233 3250,

Phone: (518) 402-8451, E-mail:

airregs@gw.dec.state.ny.us.

Pursuant to Part 617 of the implementing

regulations for the State Environmental

Quality Review Act (SEQRA), NYS DEC

has prepared a Negative Declaration

stating that the proposed action will not

, have a significant adverse effect on the

environment.

NYS DEC invites all persons,

organizations, corporations, and

government agencies that may be

affected by the proposals 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, duri,ng, or

after the hearing and oral statements

made atthe hearing will be given equal

weight.

Requests for information and

comments related to the SIP revisions

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ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environmental Conservation

may be obta,ined from Diana

R,ivenburgh, NYS DEC - Division of

Air Resources, 625 Broadway,

Albany, NY 12233-3251, Phone (518)

402-8396~ E-mail

airsips@gw.dec.state.ny.us. Written

statements may be submitted to NYS

DEC at the above address, until 5:00

p.m., January 12, 2010.

The proposed SIP revision may be

obtained from Diane Rivenburgh. The

proposal may also be obtained from any

of the following NYS DEC offices:

Region 1 - NYS DEC-Region 1 Office,

SUNY @ Stony Brook, 50 Circle Road,

Stony Brook, NY 11790, Attention: Ajay

Shah

Region 2 - NYS DEC-Region 2 Office, 1

Hunters Point Plaza, 47-40 21st Street,

Long Island City, NY 11101, Attention:

Samuel Lieblich

Region 3 - NYS DEC-Region 3 Office,

21 South Putt Corners Road, New Paltz,

NY 12561, Attention: Kenneth Grzyb

Region 4 - NYS DEC-Region 4 Office,

1130 North Westcott Road,

Schenectady, NY 12306, Attention:

Donald Spencer

Region 5 - NYS DEC-Region 5 Office,

232 Golf Course Road, P.O. Box 220,

Warrensburg, NY 12885, Attention:

James Coutant

Region 6 - NYS DEC-Region 60,ffice,

Watertown State Office Bunding, 317

http://www.dec.ny.gov/enb/20091202_notO.html

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Washington Street, Watertown, NY

13601, Attention: Thomas Morgan

Region 7 - NYS DEC-Region 7 Office,

615 Erie Boulevard West, Syracuse, NY

13204-2400; Attention: Reginald Parker

Region 8 - NYS DEC-Region 8 Office,

6274 East Avon-Lima Road, Avon, NY

14414, Attention: Thomas Marriott

Region 9 - NYS DEC-Region 9 Office,

270 Michigan Avenue, Buffalo, NY

14203, Attention: Larry Sitzman

Hearing Notice

Notice is hereby given that the New

York State Department of

Environmental Conservation (NYS

DEC) will hold joint legislative public

hearings on:

1. Proposed revisions to 6 NYCRR Part

218, Emission Standards for Motor

Vehicles ~nd Motor Vehicle Engines,

and attendant revisions to 6 NYCRR

Part 200, General Provisions.

2. The repeal of 6 NYCRR Part 204,

NOx Budget Trading Program, and

attendant revisions to 6 NYCRR Part

200, General Provisions; proposed

revisions to 6 NYCRR Part 237, Acid

Deposition Reduction NOx Budget

Trading Program, and 6 NYCRR

Part 238, Acid Deposition Reduction

802 Budget Trading Program, and

attendant revisions to 6 NYCRR Part

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ENB - Statewide Notices 12/2/2009 - NYS Dept. ofEnvironmental Conservation

200, General Provisions, and

revisions to the State

Implementation Plan (SIP) to remove

Part 204 and attendant revisions to

Part 200.

3. Proposed revisions to 6 NYCRR Part

243, CAIR NOx Ozone Season

Trading Program; 6 NYCRR Part

244, CAIR NOx Annual Trading

Program; 6 NYCRR Part 245, CAIR

S02 Trading Program, and attendant

revisions to 6 NYCRR Part 200,

General Provisions; and revisions to

the State Implementation Plan (SIP)

to incorporate the proposed

revisions to Parts 243, 244 and 245,

and attendant revisions to Part 200.

4. Proposed new 6 NYCRR Part 249,

Best Available Retrofit Technology

(BART), and attendant revisions to 6

NYCRR Part 200, General

Provisions, and revisions to the

State Implementation Plan (SIP) to

incorporate the proposed

promulgation of Part 249, and

attendant revisions to Part 200.

The statutory authority for the

amendments to Part 218 and attendant

revisions to Part 200 is the

Environmental Conservation law (ECl)

Sections 1-0101, 1-0303, 3-0301, 19-

0103,19-0105,19-0107,19-0301,19-

0303, 19-0305, 71-2103, 71-2105 and

section 177 of the Federal Clean Air Act

(42 USC 7507).

The statutory authority for the

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amendments to Parts 204, 237, and 238

is the ECl, Sections 1-0101, 19-0103,

19-0105, 19-0301, 19-0303, and 19-

0311.

The statutory authority for the

amendments to Parts 243, 244, and 245

is the ECl, Sections 1-0101, 19-0301,

19-0103, 19-0105, 19-0301, 19-0303,

19-0305, and 19-0311.

The statutory authority for the

promulgation of Part 249 is the ECl,

Sections 1-0101, 3-0301,19-0103,19-

0105, 19-0301, 19~0302, 19-0303; 19-

0305,71-2103, and 71-2105.

NYS DEC proposes to amend Part 218,

Emission Standards for Motor Vehicles

and Motor Vehicle Engines, and amend

Part 200, General Provisions. The

proposed amendments would simplify

the existing zero emission vehicle (lEV)

program, increase compliance flexibility,

and create incentives for new lEV

technology while maintaining the

technology forcing nature of the current

program. The lEV regulations take

effect for all 2009 and subsequent model

year passenger cars and light-duty

trucks. NYS DEC is also proposing to

adopt California's experimental permit

procedures for on-road motor vehicles.

This proposal would enable NYS DEC to

issue anti-tampering exemptions for

experimental pollution control devices

being tested on vehicles in New York

State. The research authorization

procedures will take effect for all 1993

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and subsequent model year California

certified on-road motor vehicles.

NYS DEC intends to (1) repeal 6

. NYCRR Part 204, NOx Budget Trading

Program, (2) render inoperative 6

NYCRR Part 237, Acid Deposition

Reduction NOx Budget Trading Program

upon completion of the 2009-2010

control period, and (3) render inoperative

6 NYCRR Part 238, Acid Deposition

Reduction S02 Budget Trading Program,

upon completion of the 2010 control

period. These rules have essentially

been superseded by 6 NYCRR Part 243,

CAIR NOx Ozone Season Trading

Program, 6 NYCRR Part 244, CAIR NOx

Annual Trading Program, and 6 NYCRR

Part 245, CAIR S02 Trading Program

(the NYS CAIR rules). These proposed

regulatory revisions will prevent affected

sources from needing to comply with

duplicative programs.

NYS DEC proposes to revise the terms

of the NYS CAIR rules to incorporate

changes to the model federal regulations

on which the NYS CAIR rules are based,

and make minor clarifications and

corrections to the NYS CAIR rules.

NYS DEC proposes new Part 249, Best

Available Retrofit Technology (BART) in

response to a federal requirement under

the regional haze provisions of the Clean

Air Act. Sources which are found

BART eligible under certain criteria

. and which contribute to visibility

impairment in Federal Class I areas

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will be required to submit an analysis

of potential BART controls to NYS

DEC by October 1, 2010 and complete

. installation of approved controls by

July 1, 2013 under the proposed

regulation.

Hearings on the proposed

amendments described above will be

held as follows and are scheduled in

places that are reasonablyaccessible

to persons with impaired mobility:

Date: Tuesday, December 1, 2009

Time: 2:00 p.m.

Location: NYS DEC, 625 Broadway,

Public Assembly Room 129-B, Albany,

NY 12233

Date: Wednesday, December 2,2009

Time: 2:00 p.m.

Location: NYS DEC - Region 8 Office

Conference Room, 6274 East AvonLima Road (Routes 5 and 20), Avon, NY

14414

Date: Thursday, December 3,2009

Time: 2:00 p.m.

Location: NYSDEC Annex - Region 2,

11-15 47th Avenue, Hearing Room 106,

Long Island City, NY 11101

Requests for information and comments

related to Part 218 and Part 200 may be

obtained from Jeff Marshall, NYS DEC -

Division of Air Resources, 625

Broadway, Albany, NY 12233-3255,

Phone: (518) 402-8292, E-mail:

218zev@gw.dec.state.ny.us. Written

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statements may be submitted to NYS

DECat the above address, until 5 p.m.,

December 10, 2009.

Requests for information and comments

related to Parts 204, 237, and 238 may

be obtained from Mike Miliani, NYS DEC

- Division of Air Resources, 625

Broadway, Albany, NY 12233-3251,

Phone: (518) 402-8396, E-mail:

endadrp@gw.dec.state.ny.us. Written

statements may be submitted to NYS

DEC at the above address, until 5

p.m., December 10, 2009.

Requests for information and comments

related to Parts 243, 244 and 245 may

be obtained from Mike Miliani, NYS DEC

- Division of Air Resources, 625

Broadway, Albany, NY 12233-3251,

Phone: (518) 402-8396, E-mail:

endadrp@gw.dec.state.ny.us. Written

statements may be submitted to NYS

DEC at the above address, until 5

p.m., December 10, 2009.

Requests for information and comments

related to Part 249 may be obtained from

Scott Griffin, NYS DEC- Division of Air

Resources, 625 Broadway, Albany, NY

12233-3251, Phone: (518) 402-8396, Email: 249bart@gw.dec.state.ny.us.

Written statements may be submitted

to NYS DEC at the above address,

until 5 p.m., December 10, 2009.

Requests for information and comments

related to the SIP revisions may be

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obtained from Robert D. Bielawa, NYS

DEC - Division of Air Resources, 625

Broadway, Albany, NY 12233-3251,

Phone (518) 402-8396, E-mail

airsips@gw.dec.state.ny.us. Written

statements may be submitted to NYS

DEC at the above address, until 5

p.m., December 10, 2009.

Pursuant to Part 617 of the implementing

regulations for the State Environmental

Quality Review Act (SEQRA), NYS DEC

has prepared a Negative Declaration

stating that the proposed actions will not

have a significant negative effect on the

environment.

NYS DEC invites all persons,

organizations, corporations, and

government agencies that may be

affected by the proposed actions to

attend a hearing. At the hearings,

persons who wish to make a statement

will be invited to speak. It is requested

that oral statements also be submitted in

writing. NYS DEC will give equal weight

to written and oral statements, and since

a cumulative record will be compiled it is

not necessary for interested parties to

attend each hearing.

NYS DEC will provide interpreter

services for deaf persons at no

charge. Written requests for

interpreter services are required and

should be submitted by 5:00 p.m.,

November 13, 2009, to Laura Stevens,

NYS DEC, 625 Broadway, Albany, NY

12233-3250, Phone: (518) 402-8451, Ehttp://www.dec.ny.gov/enb/20091202_notO.html

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mail airregs@gw.dec.state.ny.us

The proposed regulations, SIP revisions,

and associated supporting information

may be obtained from any of the

following NYS DEC offices:

Region 1 - NYS DEC-Region 1 Office,

SUNY @ Stony Brook, 50 Circle Road,

Stony Brook, NY 11790, Attention: Ajay

Shah

Region 2 - NYS DEC-Region 2 Office, 1

Hunters Point Plaza, 47-40 21st Street,

Long Island City, NY 11101, Attention:

Samuel Lieblich

Region 3 - NYS DEC-Region 3 Office,

21 South Putt Corners Road, New Paltz,

NY 12561, Attention: Kenneth Grzyb

Region 4 - NYS DEC-Region 4 Office,

1130 North Westcott Road,

Schenectady, NY 12306, Attention:

Donald Spencer

Region 5 - NYS DEC-Region 5 Office,

232 Golf Course Road, P.O. Box 220,

Warrensburg, NY 12885, Attention:

James Coutant

Region 6 - NYS DEC-Region 6 Office,

Watertown State Office Building, 317

Washington Street, Watertown, NY

13601, Attention: Thomas Morgan

Region 7 - NYS DEC-Region 7 Office,

615 Erie Boulevard West, Syracuse, NY

13204-2400, Attention: Reginald Parker

Region 8 - NYS DEC-Region 8 Office,

6274 East Avon-Lima Road. Avon. NY

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14414, Attention: Thomas Marriott

Region 9 - NYS DEC-Region 9 Office,

270 Michigan Avenue, Buffalo, NY

'14203, Attention: Larry Sitzman

Municipalities And Owners/Operators .

Of Public Drinking Water Supply

Systems

New York State Drinking Water State

Revolving Fund Intended Use Plan

Draft Amendment #9 to the Drinking

Water State Revolving Fund Intended

Use Plan issued September 30, 2008

was published in the November 4, 2009

issue of the Environmental Notice

Bulletin. The comment period for the

Draft Amendment #9 closed on

November 19, 2009. 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 (NYS DOH) and the New York

State Environmental Facilities

Corporation (NYS EFC) amended the

Drinking Water State Revolving Fund

(DWSRF) Final Intended Use Plan (IUP)

dated September 30,2008 to identify

two projects that met the criteria

established for receiving funding from

the American Recovery and

Reinvestment Act (ARRA). The ARRA

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projects and their estimated project funding amounts are provided in the

following table:

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Applicant

Name

County Project

Description

Project

No.

Estimated

Assistance

Amount

Estimated

Principal

Forgiveness

Amount

Estimated

Closing

Date

Monroe Monroe

County

Water

Authority

Construction 16323 $35,500,000 $17,750,00011/30/09

of raw water

intake

tunnel

and a

portion of the

transmission

mains

for the

Eastside

WTP.

Onondaga Onondaga

County

Water

Authority

Replace

uncovered

Western

20 mg

storage

reservoir

with

covered

concrete

tank to

meet

SWTR

LT2

regulation.

17458 $12,592,856 $3,896,756 11/30/09

For more information contact:

Charles Amento

NYS DOH - Bureau of Water Supply Protection

Flanigan Square, 547 River Street, Room 400

Troy, New York 12180-2216

Phone: (518) 402-7650

Draft Hazardous Waste Facility Siting Plan

Public Comment Period Extended

http://www.dec.ny.gov/enb/20091202_notO.html 2/5/2010
ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environmental Conservation

The public comment period for the Draft

Hazardous Waste Facility Siting Plan

and Draft Generic Environmental Impact

Statement (GElS) has been extended

from December 14,2009 to January 14,

2010.

The Siting Plan is intended to help guide

state agencies, authorities and other

entities to make decisions regarding the

siting of facilities for management and

disposal of hazardous waste, so as to

assure management capacity of hazardous

wastes generated in New York. The Draft

GElS evaluates and addresses potential

significant impacts the draft plan may have

on the environment.

The draft documents can be found on the

New York State Department of·

Environmental Conservation (NYS DEC)

website at:

http://www.dec.ny.gov/chemical/46542.html.

Written comments will be accepted if

received by the close of business on

January 14, 2010. Comments can be sent

to John Iannotti, NYS DEC - Division of

Solid and Hazardous Materials, 625

Broadway, Albany, New York 12233-7250.

They can also be faxed to (518) 402-9024,

or E-mailed to:

hwsiting@gw.dec.state.ny.us.

Draft Commissioner Policy

The New York State Department of

Environmental Conservation (NYS DEC)

has prepared a draft Commissioner

http://www.dec.ny.gov/enb/20091202 notO.html - .

Page 21 of23

2/5/2010
ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environmental Conservation

Policy entitled "Procedure to

Demonstrate Compliance with

Financial Test Requirements of

Financial Assurance Regulations for

Hazardous Waste Management

Facilities."

This Draft Policy provides for the use of

enforcement discretion by the NYS DEC

to allow Hazardous Waste Management

facilities to comply with the policy in lieu

of one specific financial assurance

requirement of 6 NYCRR Subclauses

373-2.8(d)(5)(iii)('c')('2'), 373-2.8(f)(5)(iii)

('c')('2'), 373-2.8(h)(6)(iv)('c')('2'), 373-3.8

(d)(5)(iii)('c')('2'), 373-3.8(f)(5)(iii)('c')('2')

and/or 373-3.8(h)(6)(iv)('c')('2'), namely a

"negative assurance" statement which is

no longer allowed under American

Institute of Certified Public Accountant

(AICPA) standards.

Project is an Unlisted Action under the

State Environmental Quality Review Act

(SEQRA) and will not have a significant

impact on the environment. A Negative

Declaration is on file. The NYS DEC is

the only involved agency.

A copy of the draft policy is available

from: Parag Amin, NYS DEC - Division

of Solid and Hazardous Materials, 625

Broadway, 9th Floor, Albany, New York

12233-7251, Phone: (518) 402-8610.

The Draft Policy may also be found at:

http://www.dec.ny.gov/chemical/60187.html.

http://www.dec.ny. gOY/enb/20091202_notO.html

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2/5/2010
ENB - Statewide Notices 12/2/2009 - NYS Dept. of Environmental Conservation

Written comments on the draft Policy

will be accepted for 30 days from the

date of publication of this notice.

Written comments should be addressed

to Paul R. Counterman, NYS DEC -

Division of Solid and Hazard.ous

Materials, Bureau of Hazardous Waste

Regulation, 625 Broadway, 9th Floor,

Albany, NY 12233-7251.

Contact: James W. Dolen, Jr., NYS

DEC - Division of Solid and Hazardous

Materials, 625 Broadway, Albany, NY

12233-7251, Phone: (518) 402-8610.

Page 23 of23

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