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ENB - Statewide Notices 6/22/2011

Public Notice

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 NewYork 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 New York State Clean Air Compliance Act (ECL 72-0303), the 2011 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin (ENB) and filing with the New York State 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 is amended to read 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, 2011, the fee per ton for 2011 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. NYS DEC 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 NYS DEC for the current year is hereby established as follows:

(i) the State fiscal year 2011-12 appropriation for the operating permit program is $12,212,600;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program are 162,032 tons;

(iii) as of March 31, 2011 the actual operating permit program account balance was negative $12,173,621. An additional estimated $2,631,764 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2011-12. The estimated deficit of $14,805,385 will be applied towards the appropriation for SFY 2011-12.

(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 98.26 percent.

3. The calculation is as follows:
($12,212,600 - negative $14,805,385) / (162,032 x .9826) = $169.70

4. However, as established in paragraph (a) of this section, the fee assessed for 2011 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.


New York State Department of Environmental Conservation Office of Natural Resources Policy on Temporary Revocable Permits for State & Conservation Easement Lands, ONR-3

The New York State Department of Environmental Conservation (NYS DEC) has issued Office of Natural Resource (ONR) Policy ONR-3, "Temporary Revocable Permits for State Lands and Conservation Easements." This policy is effective immediately.

This is a revised policy that sets forth the procedure for issuing Temporary Revocable Permits (TRPs) for the use of State lands and conservation easement lands pursuant to 6NYCRR Parts 190 and 196 and Environmental Conservation Law (ECL) Articles 3 and 9.

NYS DEC issues TRPs in its sole discretion, for the temporary use of State lands and conservation easement lands only for activities that are in compliance with all constitutional, statutory and regulatory requirements; the Adirondack and Catskill State Land Master Plans; adopted Unit Management Plans and Recreation Management Plans; and that have negligible or no permanent impact on the environment. This policy applies to State lands and conservation easement lands managed by the NYS DEC - Division of Fish, Wildlife, and Marine Resources; Divison of Lands and Forests; and Division of Operations. These areas include, but are not limited to wildlife management areas, state reforestation areas, forest preserve, campgrounds, boat launches/waterway access sites, tidal wetlands, and conservation easements.

This policy does not apply to the issuance of Adopt- a-Natural Resource Agreements, which are governed by NYS DEC Policy ONR-1.

Notice of the proposed ONR-3 was published in the December 15, 2010 issue of the Environmental Notice Bulletin, which announced a comment period and the availability of the draft document for review. The public comment period ended on January 14, 2011. Several comments were received from the public. The policy is hereby issued as final with amendments responsive to the public comments.

Copies of this policy can be obtained by contacting the person indicated below. The policy is also available on the NYS DEC website at: http://www.dec.ny.gov/regulations/51387.html.

Contact: Peter J. Frank, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, Phone: (518) 473-9518, E-mail: lfadk@gw.dec.state.ny.us.


Data Solicitation for 2012 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) 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, 2012. 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 2012 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 reassessed. This rotating basin approach allows for a reassessment 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 the 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 use of this data and information may 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 2012 CWA Section 303(d) List, data and information must be received by September 30, 2011. 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 United States Environmental Protection Agency (US EPA) by April 1, 2012.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2012 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: http://www.dec.ny.gov/chemical/23846.html. Worksheet information can also be obtained by contacting Jeff Myers at 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 2012 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: http://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: http://www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179.



New York State Drinking Water State Revolving Fund Intended Use Plan

Municipalities and Owners/Operators of Public Drinking Water Supply Systems

Draft Amendment No. 2 to the Drinking Water State Revolving Fund Federal Fiscal Year (FFY) 2011 Intended Use Plan

Sources and Uses Table, Set-Aside Table and Specific Project Amendments

Overview

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 October 1, 2010.

This draft amendment revises the Sources and Uses Table (Table 1) and the amount and distribution of Set-asides Funds (Table 2) in the IUP to reflect changes based on the actual federal DWSRF allocation for FFY 2011. This amendment also includes project specific amendments that are required to facilitate sufficient financing amounts for projects scheduled to close on their financings and to amend the IUP to correct data entry errors as well as other noted project specific changes.

The amendments are as follows:

Amended FFY 2011 IUP Table 1-Sources and Uses

Sources:
FFY 2011 Capitalization Grant $61,066,000
Carry-Over Money $56,600,000
Repayments and Interest $81,500,000
Total Sources $199,166,000

Uses:
Administrative Set-Asides $2,442,640
Technical Assistance Set-Asides $1,221,320
State Program Management Set-asides $5,373,808
Total Set-Asides $9,037,768
Direct financing $42,554,133
Grants Expected to Close $6,809,088
Grant Fund Reserve $8,809,087
Grant Funds Available $18,319,800
Reserve Allocation for Leveraging $113,636,124
Total Uses $199,166,000

Leveraging the reserve allocation three times will provide financing of $340,908,372 worth of eligible projects. Combined with direct financing and grants expected to close, the total subsidized funding capacity for this IUP period is $390,271,593

Amended FFY 2011 IUP Table 2- Set-Asides

Administration NYS DOH and NYS EFC
4% of Federal Capitalization Grant totaling $2,442,640
EFC receiving $1,788,541
DOH receiving $654,099

Technical Assistance - NYS DOH
2% of Federal Capitalization Grant totaling $1,221,320

State Program Management - NYS DOH (administer the PWSS Program)
8.8% of Federal Capitalization Grant totaling $5,373,320

Total Set-asides $9,037,768

The USEPA Safe Drinking Water Act allows for States to use up to 31% of the federal capitalization grant for various set-asides, NYS will be using a total of 14.8%.

FFY 2011 Readiness List- Project Specific Amendments:

DWSRF#17463 (Score 1230) Bedford Consolidated Water District, Westchester County- Increased cost by $299,000 based on actual bids and construction costs.

DWSRF#17497 (Score 1230) Amsterdam (C), Montgomery County- Increased cost by $737,000 based on construction costs.

DWSRF#15288 (Score 220) Wappinger Falls (V) Dutchess County- Increased cost by $66,000 based on actual bids and construction costs.

DWSRF#17298 (Score 215) Castile (V), Wyoming County- Increased cost by $824,000 due to data input errors associated with their DWSRF project #18018.

DWSRF#18018 (Score 50) Castile (V), Wyoming County- Revised project description to and reduced cost by $5,111,267 due to data input error regarding duplicate work included in project

DWSRF#17928. Reduced score from 100 to 50 points based on data input errors.

DWSRF#15260 (Score 205) Nelson (T), Erieville WD, Madison County-Remove Hardship designation due to project cost being lower than initially estimated and subsequent hardship re-evaluation resulted in project no longer qualifying.

DWSRF#16863 (Score 110) Suffolk County Water Authority, Suffolk County- Project removed from readiness list and removed ARRA financing note due to applicant's decision not to pursue the project. The ARRA funds originally committed to this project ($2,562,618) are being applied as financing to the Onondaga County Water Authority (OCWA) project DWSRF #17458. This OCWA project is a previously approved ARRA project and was only partially ARRA funded due to the exhaustion of the original ARRA funds.

The New York State Department of Health has determined that the project specific changes are necessary, reasonable and consistent with the original project concept and the scope of the projects has not changed. The project priority rankings above the funding line were not altered and the project specific changes or the changes to the IUP sources, uses, and set-asides will not adversely affect any project on the IUP Project Readiness List above the funding line. Except for the above-noted changes, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings.

Public Review and Comment on Draft Amendment No. 2

The NYS DOH will accept comments on Amendment No. 2 to the FFY 2011 DWSRF IUP by mail or fax until close of business Tuesday, July 5, 2011. Comments should be addressed to:

Roger Sokol, PhD.
NYS DOH - Bureau of Water Supply Protection
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Fax: 518-402-7659
E-mail: bpwsp@notes.health.ny.us
(If sent by email please reference "IUP amendment comment" in the subject line)

Contact: Michael Montysko, NYS DOH - Bureau of Water Supply Protection, Flanigan Square, 547 River Street, Room 400, Troy, NY 12180-2216, Phone: (518) 402-7650


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