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ENB - Statewide Notices 6/24/2009

Public Notice

Notice of New York State Department of Environmental Conservation (NYS DEC) Program Policy

DAR-11: Electronic Reporting

NYS DEC is developing an electronic reporting system for submission of reports and emission statements from facilities subject to Title V permitting. Currently these reports and emission statements are submitted on paper to the Division of Air Resources and to the U.S. Environmental Protection Agency. With this new system facility owners can submit these items electronically.

Under this proposed policy the Title V facility owners will be able to submit annual compliance certifications and semi-annual monitoring reports in one of two ways: either on paper, in a format specified in this policy; or electronically, either by direct data entry through a NYS DEC website or by uploading an electronic spreadsheet, in a format specified by the Department. Facilities with state facility permits that have capped out of Title V can submit their annual capping certifications in the same manner. Title V facility owners will also be able to submit annual emission statements in the same manner: either on paper (by downloading a copy of the emission statement) or by direct data entry on a NYS DEC website.

The purpose of this policy is to ease the burden of data submittal for the Title V permit holder and to improve the quality of data in the certifications and emission statements. Public comments on this draft policy will be accepted for a 30 day period. Comments must be received by 5:00 p.m. July 24, 2009. Comments, and any questions on this policy, should be directed to:

Thomas Christoffel
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3258
Phone: (518) 402-8401
E-mail: trchrist@gw.dec.state.ny.us


Data Solicitation for 2010 Federal Clean Water Act (CWA) Section 303(d) List

Section 303(d) of the Federal Clean Water Act requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and 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) Lists to USEPA by April 1, 2010. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and 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 2010 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Every year waters in two or three of the 17 drainage basins in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every five years. The assessment of these waters is a public process and 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. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

However every two years, corresponding to the development of New York State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the List, but will be used during the subsequent water quality assessment for the corresponding basin during the reassessment cycle. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and will also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to maintain an effective and comprehensive review of solicited data and information and insure the timely submittal of the List, it is necessary to establish a cut-off date for the receipt of water quality data and information. Therefore, in order to be included for full consideration in the compiling of the 2010 CWA Section 303(d) List, data and information must be received by September 30, 2009. It is not the intent of this cut-off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to the United State Environmental Protection Agency (USEPA) by April 1, 2010.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2010 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet. This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. Information regarding the Waterbody Inventory/Priority Waterbodies List, including the WI/PWL worksheet and instructions for completing the worksheet, can found on the NYS DEC website at: www.dec.ny.gov/docs/water_pdf/pwlwrksht.pdf (PDF, 243 Kb). Worksheet information can also be obtained by contacting the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8179. Completed WI/PWL worksheets and supporting water quality monitoring data should be sent to the address above, or forwarded via email to 4pwlinfo@gw.dec.state.ny.us. Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2010 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing

Methodology can be found on the NYS DEC website at: www.dec.ny.gov/chemical/31290.html. Additional information regarding the NYS DEC Water Quality Assessment Program, including the Waterbody Inventory/Priority Waterbodies List assessments and Section 305(b) water quality reporting can be found on the NYS DEC website at: www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC -Division of Water, Bureau of Water Assessment and Management, Water Quality Assessment Section, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, Fax: (518) 402-9029, E-mail: jamyers@gw.dec.state.ny.us.


Notice of Adoption

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

Pursuant to the provisions of Environmental Conservation Law, Section 72-0303(1), the New York State Department of Environmental Conservation (NYS DEC) 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 2009 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)

Section 482-2.1 remains unchanged.

Section 482-2.2 is amended to read as follows:

482-2.2 Applicability
(a) Commencing January 1, 1994, and every year thereafter, all air contamination sources identified pursuant to section 19-0311 of the Environmental Conservation Law must submit to the department an annual operating permit program fee for each ton of regulated air contaminant emitted up to 7,000 tons each, except, as otherwise exempted in this Subpart.

(b) Exemptions. (1) The fees established pursuant to this Subpart will not be assessed on emissions of carbon monoxide or any Class I and II substance as set forth in section 72-0303(4) of the Environmental Conservation Law. (2) Any regulated air contaminant subject to the fees imposed pursuant to this Subpart that qualifies as both a volatile organic compound and a hazardous air pollutant as set forth in section 72-0303(5) of the Environmental Conservation Law, will not be counted under both categories for the purpose of assessing fees.

(c) Bills issued for the operating permit program fee will be based on actual emissions in the preceding calendar year, as demonstrated to the department's satisfaction, or in the absence of such demonstration, on permitted emissions, or, where there is no permit, on potential to emit. Pursuant to Part 202 of this Title, April 15th of each year will be the final date for submission of completed emission statements to the department. Emission statements that are submitted in a timely manner will be utilized to determine whether actual emissions for the preceding year have been demonstrated to the department's satisfaction. Sources for which emission statements are not submitted in a timely manner or which do not demonstrate actual emissions for the previous year to the department's satisfaction must be billed upon permitted emissions or, where there is no permit, on potential to emit.

(d) Any person required to pay fees pursuant to this Subpart who submitted an emission statement in a timely manner may elect to base such fees on the level of permitted emission set forth in a permit, certificate or approval pursuant to section 19-0311 of the Environmental Conservation Law.

Section 482-2.3 remains 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 an annual fee to the department. This fee is based on the facility's total annual emissions as described in this Subpart 2.2. The fee per ton is assessed on emissions up to 7,000 tons annually of each regulated air contaminant. As of January 1, 2009, the fee per ton for 2009 is as follows:
(i) a fee of $45.00 per ton for facilities having total annual emissions less than 1,000 tons,
(ii) a fee of $50.00 per ton for facilities having total annual emissions of 1,000 tons or more but less than 2,000 tons,
(iii) a fee of $55.00 per ton for facilities having total annual emissions of 2,000 tons or more but less than 5,000 tons, and
(iv) a fee of $65.00 per ton for facilities having total annual emissions of 5,000 tons or more.

(b) Fee calculation.

1. The department pursuant to section 72-0303 of the Environmental Conservation Law is required to calculate a fee 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 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 97-oo of the State Finance Law, any loan repayment from the mobile source account of the same clean air fund 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 2009-10 appropriation for the operating permit program is $19,991,600;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is 197,603 tons;

(iii) as of March 31, 2009 the actual operating permit program account balance was $270,949. An additional estimated $2,115,746 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2009-10. The estimated deficit of $1,844,797 will be applied towards the appropriation for SFY 2009-10.

(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 97.14 percent.

3. The calculation is as follows: ($19,991,600 - negative $1,844,797) / (197,603 x .9714) = $113.76

4. However, as established in paragraph (a) of this section, the fee assessed for 2009 is as follows:
$45.00 per ton for facilities having total annual emissions less than 1,000 tons,
$50.00 per ton for facilities having total annual emissions of 1,000 tons or more but less than 2,000 tons,
$55.00 per ton for facilities having total annual emissions of 2,000 tons or more but less than 5,000 tons, and
$65.00 per ton for facilities having total annual emissions of 5,000 tons or more.

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.


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