NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

ENB - Statewide Notices

Public Notice

Pursuant to the Environmental Conservation Law Sections 3-0301, 11-0303, 11-0305, 11-0306, 11-0315, 11-0317, 11-0319, 11-1301, 11-1303, 11-1305, 11-1501, 11-1503, 11-1505, 13-0105 and 13-0339, the New York State Department of Environmental Conservation ( NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Revised Rule Making to amend 6 NYCRR Parts 10, 35, 36 and 40 pertaining to Shad. This notice will be published in issue 26 of the State Register, dated June 25, 2008.

For further information please contact:

Kathryn A. Hattala
NYS DEC - Region 3
21 South Putt Corners Road
New Paltz, NY 12561
Phone: (845) 256-3071
E-mail: HudsonRiverFish@dec.ny.gov


Pursuant to the Environmental Conservation Law Sections 11-0303, 11-0903, 11-0907, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Section 1.31 relating to Hunting Black Bear. This notice will be published in issue 26 of the State Register, dated June 25, 2008.


For further information please contact:

Gordon R. Batcheller
NYS DEC
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8885
E-mail: grbatche@gw.dec.state.ny.us


Notice of Adoption

6 NYCRR Subpart 482-2, Operating Permit Program Fee Rule

New York State Department of Environmental Conservation (NYS DEC)

Pursuant to the provisions of Environmental Conservation Law, Section 72-0303(1), the New York State 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 2008 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;

(15) Effective January 1, 2008, $ 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 2008 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 2008-09 appropriation for the operating permit program is $19,462,000;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is 226,650 tons;

(iii) As of March 31, 2008 the actual operating permit program account balance was $3,251,614. An additional estimated $1,814,537 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2008-09. The estimated balance of $1,437,077 will be applied towards the appropriation for SFY 2008-09.

(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 99.69 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:

($19,462,000 - $1,437,077) / (226,650 x .9969) = $79.77

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 2008 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 DEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, Phone: (518) 402-8451, E-mail: 482oppfee@gw.dec.state.ny.us.


Final Amendment No. 1 to the FFY 2008 CWSRF Intended Use Plan

Fund Adjustments

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2008 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September 2007, is amended.

Amendment No. 1 reflects adjustments to the sources and uses of funds available for the remaining FFY 2008 IUP financing period through reductions in the USEPA CWSRF appropriation to New York State and the corresponding State match in the amount of $27,503,025. Due to higher than previously expected investment returns, monies are now available for release from the long term investment program that will effectively offset these reductions.

The comment period for Amendment No. 1 to the 2008 CWSRF IUP remained open until the close of business, Friday, May 9, 2008. 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. 1 is considered final.

The Final Amendment No. 1 to the 2008 CWSRF IUP will be available on the EFC website at http://www.nysefc.org/ (click on "Programs," then "Clean Water State Revolving Fund," then "IUP and Amendments"). A copy of Final Amendment No. 1 can also be requested by calling the EFC toll-free line at: 800-882-9721 or at 518-402-7433.


Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) propose to amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 28, 2007 to adjust the estimated project cost for one DWSRF project listed on the Project Readiness List. The explanation of the reason for the project cost revision is included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
(T) Huron Wayne SWTR Compliance Facility, Extend Distribution System, System Consolidation 16917 $0 $60,400 Previously closed on Short Term financing in amount of $821,100. Borrower needs $881,500 for Long Term financing to refinance USDA RD funding.

The Department has determined that the revised 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.

Written statements or comments on the above DWSRF project cost revision will be accepted by fax or mail until close of business on July 10, 2008 and should be filed with:

Mr. Victor E. Pisani
Director
Bureau of Water Supply Protection
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Fax: (518) 402-7659

The revised Project Readiness List may be obtained by calling NYS DOH's toll free information line at: 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.






  • Contact for this Page
  • Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions