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ENB - Statewide Notices

PUBLIC NOTICE

NOTICE OF ADOPTION

6 NYCRR Subpart 482-2, Operating Permit Program Fee Rule
NYS Department of Environmental Conservation

Pursuant to the provisions of Environmental Conservation Law, Section 72-0303(1), the NYS Department of Environmental Conservation hereby gives notice of the following:

NOTICE OF ADOPTION OF RULE - Pursuant to the provisions of Section 22 of the NYS Clean Air Compliance Act (ECL 72-0303), the 2007 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin and filing with the Department of State. The purpose of the rule is to establish the annual fee to be submitted by air contamination sources subject to the operating permit program for emissions of regulated air contaminants.

6 NYCRR 482-2 Operating Permit Program Fee (Statutory Authority: Environmental Conservation Law, Sections 3-0301, 72-0303, 19-0311)

Sections 482-2.1 through 482-2.3 remain unchanged.

Section 482-2.4 reads as follows:

482-2.4 Annual fee and fee calculation.
(a) Fee. Each person subject to fees under this Subpart must submit a fee to the department. The fee per ton, up to six thousand tons annually, of each regulated air contaminant is as follows:

(1) Effective January 1, 1994, $ 25.69;

(2) Effective January 1, 1995, $ 26.44;

(3) Effective January 1, 1996, $ 27.19;

(4) Effective January 1, 1997, $ 27.94;

(5) Effective January 1, 1998, $ 32.64;

(6) Effective January 1, 1999, $ 45.00;

(7) Effective January 1, 2000, $ 45.00;

(8) Effective January 1, 2001, $ 45.00;

(9) Effective January 1, 2002, $ 45.00;

(10) Effective January 1, 2003, $ 45.00;

(11) Effective January 1, 2004, $ 45.00;

(12) Effective January 1, 2005, $ 45.00;

(13) Effective January 1, 2006, $ 45.00;

(14) Effective January 1, 2007, $ 45.00.

(b) Fee calculation.

1. The amount of the fee set forth in subdivision (a) of this section is calculated by the Department pursuant to section 72-0303 of the Environmental Conservation Law. The 2007 fee has been calculated by dividing the current State fiscal year appropriation for the operating permit program by the total tons of emissions of regulated air contaminants from sources subject to the operating permit program during the last preceding calendar year, with consideration given to any surplus or deficit in the operating permit program account of the clean air fund established pursuant to section ninety-seven-oo of the State Finance Law, any loan repayment from the mobile source account of the clean air fund established pursuant to section ninety-seven-oo of the State Finance Law and the rate of collection of bills issued for the fee.

2. The amount of each factor used in the fee calculation by the Department for the current year is hereby established as follows:

(i) the State fiscal year 2007-08 appropriation for the operating permit program is $23,032,000;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is 233,076 tons;

(iii) As of March 31, 2007 the actual operating permit program account balance was negative $217,503. An additional estimated $1,454,000 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2007-08. The estimated deficit of $1,671,503 will be applied towards the appropriation for SFY 2007-08.

(iv) the loan repayment from the mobile source account of the clean air fund is zero since no loan was made;

(v) the collection rate of bills for the prior fiscal year is 99.7 percent.

3. Commencing January 1, 1999, the maximum fee per ton is $45.00. The amount of the fee set forth in subdivision (a) of this section is the maximum fee per ton allowable under section 72-0303(3) of the Environmental Conservation Law.

4. The calculation is as follows:

($23,032,000 - negative $1,671,503) / (233,076 x .997) = $106.31

However, as established in paragraph (3) of subdivision (b) of this section, the fee calculation results in a fee that exceeds the maximum that may be assessed. The fee for 2007 is forty-five dollars ($45.00) per ton.

Notice: This is to notify persons subject to the operating permit program fee that pursuant to section 72-0201 of the Environmental Conservation Law, any person who fails to pay fees required pursuant to section 72-0303 of the Environmental Conservation Law shall pay a penalty of fifty percent of the unpaid fee amount plus interest on the unpaid fee amount computed in accordance with section 6621(a)(2) of the United States internal revenue code of 1986 (Public Law 99-514, 26 S. S. C. section 1 et seq.) from the date the fee was required to be paid.

For further information contact: Cathy Jo Rogers, NYS Department of Environmental Conservation, Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, 518 402-8451, E-mail 482oppfee@gw.dec.state.ny.us.


PUBLIC NOTICE

This notice announces the availability of a draft Division of Fish,Wildlife and Marine Resources (DFWMR) staff guidance document for shoreline protection activities. The DFWMR has determined that increased shoreline development is having a cumulative adverse impact on the littoral, shoreline and riparian zones of many inland waterways in New York. This guidance document recommends that, whenever possible, shoreline stabilization activities should focus on non-structural and bioengineering approaches for erosion problems. In situations where hardened structural approaches remain the sole option, such as the replacement of a vertical breakwall, the replacement installation should occur, whenever possible, either behind or at the present location and the identified fish and wildlife migratory concerns mitigated. Further, the guidance document recommends that all protective measures should be properly designed and installed. Copies of the draft staff guidance can be obtained by contacting the NYSDEC Bureau of Habitat by mail at the 5th Floor, 625 Broadway, Albany, New York 12233-4756 Attn: J. D. Sheppard; by phone at 518-402-8874; or on the NYSDEC Environmental Permits website during the comment period at: http://www.dec.ny.gov/regulations/28693.html .


PUBLIC NOTICE

DRINKING WATER STATE REVOLVING FUND
New York State Department of Health
Bureau of Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216
and
New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

STATEWIDE NOTICE

MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS

New York State Drinking Water State Revolving Fund Intended Use Plan Draft Amendment #5 to the Drinking Water State Revolving Fund Intended Use Plan issued September 28, 2006 was published in the May 30, 2007 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #5 closed on June 14, 2007. 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 (DOH) and the New York State Environmental Facilities Corporation (EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 28, 2006 to adjust the estimated project cost for one DWSRF project listed on the Project Readiness List. The explanation of the reason for the cost increase is included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
Monroe Co. Water Authority Genesee New system to serve area of private contaminated wells, Consolidate public water supplies, New transmission, New system consolidation 16511 $20,010,000 $20,510,000 Project cost higher than initial estimates. This higher cost is based on actual construction costs

The Department has determined that the project cost increase is necessary, reasonable, and consistent with the original project concept. In addition, the scope of the project has not changed, nor have we altered the project priority rankings in any way. The project cost increase will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted change, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings." The revised Project Readiness List may be obtained by calling DOH's toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.


STATEWIDE NOTICE

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

Draft 2008 Intended Use Plans (IUPs)
Public Meeting & Hearing; Comments; Applications

The New York State Environmental Facilities Corporation (EFC), the Department of Environmental Conservation (DEC) and the Department of Health (DOH) are pleased to announce the availability of the draft Federal Fiscal Year (FFY) 2008 Intended Use Plans (IUPs) for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF). The IUPs include lists of projects that could receive low-interest financing between October 1, 2007 and September 30, 2008, the next IUP financing period.

ELIGIBLE PROJECTS:

CWSRF - Types of municipal point source and nonpoint source water pollution control projects eligible for CWSRF low interest financing include: sanitary sewers; wastewater treatment plants and pumping facilities; combined sewer overflow abatement facilities; security measures for wastewater treatment plants and sewer systems; water supply filter backwash and sludge handling facilities; landfill closure or capping projects; landfill leachate collection, storage and treatment facilities; landfill gas collection and control facilities; aircraft deicing fluid collection, storage and treatment facilities; storage facilities for highway deicing materials; underground storage tank closure and remediation; stormwater pollution abatement facilities; stormwater management facilities; waterbody restoration; brownfields remediation; decentralized wastewater systems; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality. Municipalities, not-for-profit organizations and privately-owned community water systems may apply for CWSRF financing for the acquisition of land to (1) protect water quality under Section 319 of the Clean Water Act or (2) implement an approved National Estuary Plan under Section 320 of the Clean Water Act. Non-municipal and not-for-profit owners of brownfield, landfill, stormwater management, and waterbody restoration projects may apply for CWSRF financing to maintain, protect or improve water quality under Section 319.

DWSRF - Types of drinking water systems eligible for DWSRF financing are: municipal and privately-owned community water systems, and non-profit, non-community water systems. Projects eligible for DWSRF low interest financing and financial hardship assistance include: construction and rehabilitation of water treatment plants; transmission and distribution mains; storage facilities; pump stations; interconnections; new drinking water sources; consolidation of water supplies; and upgrades to existing water systems.

INTENDED USE PLANS & PROJECT LISTING:

Projects must be included on the Project Priority Lists (PPLs) in the IUPs to receive State Revolving Fund (SRF) financing. Municipalities, not-for-profit organizations or public water supply systems interested in financing one or more projects not currently listed in the draft CWSRF IUP or draft DWSRF IUP should submit the appropriate IUP project listing information before Friday, August 10, 2007 to the EFC for CWSRF projects and before Friday, August 10, 2007 to the DOH for DWSRF projects. For assistance with the IUP listing process, please call the EFC or DOH office listed at the end of this notice.

For CWSRF projects, a municipality must provide a CWSRF Project Listing Form and an approvable engineering report or technical report to the EFC by August 10, 2007 to be listed for financing of point source or nonpoint source projects in the Annual List of the CWSRF IUP, and to submit a financing application for any type of CWSRF financing. For listing a land acquisition project, a municipality or not-for-profit organization must provide an acceptable "land acquisition plan" and a CWSRF Land Acquisition Project Listing Form. For listing a non-municipal nonpoint source project, a non-municipal or not-for-profit facility owner must provide a CWSRF Non-Municipal Nonpoint Source Project Listing Form. CWSRF projects will be financed to the extent that sufficient funds are available for long-term and short-term financing for the effective period of the CWSRF IUP.

For DWSRF projects, an applicant must have submitted a DWSRF Pre-Application Form and an engineering report or plans and specifications to the DOH by August 10, 2007, or have completed construction, to be included on the Project Readiness List in the final DWSRF IUP. DWSRF projects will be financed to the extent that sufficient funds are available for the effective period of the DWSRF IUP.

The draft FFY 2008 IUPs will be mailed to certain municipal officials, system owners, financial advisors, consulting firms, not-for-profit land trust organizations and other interested parties. Copies of the draft IUPs will be available at New York State Documents Depository Libraries. The CWSRF IUP will also be available on the EFC '''web page" at www.nysefc.org (click on "Programs", then "Clean Water State Revolving Fund"). The DWSRF IUP will also be available on the DOH "web page" at www.health.ny.gov (click on the "Topics A to Z" button, "Drinking Water", and "Drinking Water State Revolving Fund").

DUE DATE FOR COMMENTS:

Written statements or comments on the draft IUPs can be filed prior to the July 26, 2007 public meeting and hearing, at the hearing, and after the hearing until the end of the comment periods. Written and oral statements will be made part of the official records. Written statements or comments on the draft IUPs should be filed with the following programs by close of business on the dates as indicated below:

CWSRF Program:
Submit comments by: Friday, August 10, 2007
Submit comments to:
Mr. James E. Flaherty, P.E., Assistant Director
Division of Engineering & Program Management
New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
FAX: (518) 402-7456

DWSRF Program:
Submit comments by: Friday, August 10, 2007
Submit comments to:
Mr. Victor E. Pisani, Director
Bureau of Water Supply Protection
New York State Department of Heath 547 River Street, Flanigan Square, Room 400
Troy, New York 12180
FAX: (518) 402-7659

PUBLIC MEETING & HEARING: A joint public meeting and hearing will be held to review the draft FFY 2008 CWSRF IUP and DWSRF IUP on Thursday, July 26, 2007 at 1:00 p.m. at the William K. Sanford Town Library, The Stedman Room, City of Albany, New York, (Exit 4 off I-87, 1/4 mile east on Albany shaker Road) Phone: (518) 458-9274. Pre-registration is not required. Reasonable accommodations will be provided for disabled persons if requested in advance.

APPLICATION PACKAGES & DUE DATES: Copies of the FFY 2008 CWSRF and DWSRF Application Packages will be mailed to applicants with projects on the draft 2008 CWSRF or DWSRF IUPs that may be potentially reachable for financing during this IUP period (October 1, 2007 to September 30, 2008). Copies of the application packages will also be available at the public meeting and hearing. For a copy of the FFY 2008 CWSRF or DWSRF Application Package, please call the EFC office listed at the end of this notice or refer to the web page.

The CWSRF and DWSRF Application Packages can be used to apply for both short-term and long-term financing. Short-term financings can fund project design and construction start-up costs until the short-term financing can be rolled over into a long-term financing or up to three years, which ever is earlier. Multiple projects can be financed with one long-term financing if the projects are ready in the same IUP financing period and are fundable on the PPL. The CWSRF and DWSRF can also be used to pre-finance or co-fund projects that anticipate receiving total or partial project financing from non-grant third-party funding sources (i.e., USDA - RD loans). There is a separate DWSRF Application Package to be used by privately-owned water systems when applying for DWSRF financing. There is also a separate application package to be used by not-for-profit organizations applying for CWSRF financing of land acquisition projects.

Applications for CWSRF and DWSRF financing are accepted on a continuous basis. Complete applications for the Winter Pool long-term leveraged financings must be submitted by October 1, 2007 for both SRF programs, with closing targeted for early March 2008. Complete applications for the Summer Pool long-term leveraged financings must be submitted by March 3, 2008 for both SRF programs, with closing targeted for late July 2008. Complete applications for CWSRF and DWSRF direct long-term financing and short-term financing must be submitted before March 3, 2008. Applicants who have received a CWSRF or DWSRF confirmation letter regarding a hardship determination on their project should submit the application package prior to the date indicated in their confirmation letter, but no later than March 3, 2008.

CWSRF short-term financing will be available for up to one-half the IUP amount for projects on the IUP Annual PPL that have a project priority score above the funding line for the respective category in the IUP and that meet all applicable short-term application requirements. Some applicants constructing sewage treatment projects serving residential areas may qualify for reduced interest or interest-free direct long-term financing based on submittal of a CWSRF hardship application and a subsequent determination of financial hardship. Recipients of CWSRF hardship confirmation letters will not be subject to the one-half IUP Annual PPL limitation for short-term financing.

DWSRF short-term financing will be available for projects on the IUP Project Readiness List that have a project priority score above the funding line in the IUP and that meet all applicable short-term application requirements. DWSRF short-term financing is limited to an amount not to exceed one-third of the project's IUP amount, including a short-term administration fee, as set forth in the final IUP Project Readiness List. Recipients of DWSRF hardship confirmation letters will not be subject to the one-third IUP cost limitation or the administration fee for short-term financing. Some eligible disadvantaged communities may apply for DWSRF Additional Financing Subsidies (Grants) beyond the interest-free rate. DWSRF Financial Hardship Application Forms will be accepted by DOH and EFC on a continuous basis during the 2008 IUP period. However, Hardship Application Forms received after December 3, 2007 will be considered for a financing only (no grant) hardship assistance package during the current IUP period.

EFC & DOH CONTACTS: For a copy of the draft FFY 2008 IUP, assistance with the IUP listing process, or for information on these SRF programs, please contact:

CWSRF:
Mr. David Morseman
SRF Program Services Coordinator
Division of Engineering & Program Management
New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
(800) 882-9721 or (518) 402-7433
FAX: (518) 402-7456
EFC web site: www.nysefc.org

DWSRF:
Mr. Charles Amento
Administrator, Bureau of Water Supply Protection
New York State Department of Health
547 River Street, Flanigan Square, Room 400
Troy, New York 12180
(800) 458-1158 ext. 27650 or (518) 402-7650
FAX: (518) 402-7689

LISTING FORMS & APPLICATION PACKAGES:

For a copy of the CWSRF Project Listing Form, the DWSRF Pre-Application Form, the CWSRF or DWSRF Application Package, or the CWSRF or DWSRF Financial Hardship Application, please contact Mr. Morseman at the above EFC address or phone number


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