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ENB - Statewide Notices 6/27/2012

Public Notice

Notice of Adoption
6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law (ECL) Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, and 19-0312, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rules on June 12, 2012, to be effective July 12, 2012, to adopt 6 New York Code of Rules and Regulations (NYCRR) Part 251, CO2 Performance Standards for Major Electric Generating Facilities; and amend Part 200, General Provisions.

This rulemaking adopts a new 6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities, and revisions to 6 NYCRR Part 200, General Provisions. Part 251 establishes carbon dioxide (CO2) emission standards for new major electric generating facilities (defined as facilities that have a generating capacity of at least 25 megawatts (MW)), and for increases in capacity of at least 25 MW at existing electric generating facilities. Part 200 incorporates references to federal rules found in Part 251.

The adoption of Part 251 fulfills the statutory requirement pursuant to ECL Section 19-0312, to adopt a regulation targeting reductions in emission of CO2 from major electric generating facilities by August 4, 2012.

For further information, contact:

Michael Jennings
NYSDEC - Division of Air Resources
Bureau of Stationary Sources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: air.regs@dec.ny.gov


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 2012 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 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, 2012, the fee per ton for 2012 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 97-00 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 2012-13 appropriation for the operating permit program is $9,084,600;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program are 159,000 tons;

(iii) as of March 31, 2012 the actual operating permit program account balance was negative $15,397,189. An additional estimated $1,415,247 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2012-13. The estimated deficit of $16,812,436 will be applied towards the appropriation for SFY 2012-13.

(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 95.34 percent.

3. The calculation is as follows:
($9,084,600 - negative $16,812,436) / (159,000 x .9534) = $170.84

4. However, as established in paragraph (a) of this section, the fee assessed for 2012 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@dec.ny.gov


Notice of Adoption

6 NYCRR Part 487, Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10

Pursuant to Public Service Law (PSL) Article 10 and PSL Sections 164(1)(f), (g), (h); and Chapter 388 of the Laws of 2011, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption of Rule on June 12, 2012, filed with the New York State Department of State on June 12, 2012, to be effective July 12, 2012, to add 6 New York Code of Rules and Regulations Part 487, Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10. Part 487 establishes a regulatory framework for undertaking an analysis of environmental justice (EJ) issues associated with siting a major electric generating facility pursuant to PSL Article 10.

The Power NY Act of 2011 (Chapter 388 of the Laws of 2011) reestablished PSL Article 10, regarding the siting of power plants. Article 10 requires NYS DEC to promulgate regulations for the analysis of EJ issues. Therefore, NYS DEC has adopted Part 487 in order to fulfill this statutory requirement. Pursuant to the Power NY Act of 2011, Part 487 is required to be adopted by August 4, 2012.

For further information, contact:

Melvin Norris
NYS DEC - Office of Environmental Justice
625 Broadway
Albany, NY 12233-1500
Phone: (518) 402-8556
E-mail: EJcomments@gw.dec.state.ny.us


Single-Source State Implementation Plan Revisions for Best Available Retrofit Technology (BART)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC)) is submitting to the United States Environmental Protection Agency (US EPA) single-source State Implementation Plan (SIP) revisions pursuant to 6 NYCRR Part 249, Best Available Retrofit Technology (BART).

Title V permits for multiple facilities were revised to include BART emission limits as agreed upon by NYS DEC and facility owners. These permits, once final, are required to be submitted to US EPA for approval as revisions to the Regional Haze SIP. Previous public notices of several permit revisions that were recently finalized did not explicitly state that they would be submitted as SIP revisions. The facilities in question, along with the dates of issuance of their Title V permits, are as follows: Oswego Harbor Power, issued May 16, 2012; Owens Corning Insulating Systems-Feura Bush, issued May 18, 2012; Syracuse Energy Corporation, issued May 24, 2012; and Kodak Operations at Eastman Business Park, issued May 25, 2012. The permit for Bowline Generating Station will also be submitted as a SIP revision once issued in final form; it was proposed on May 23, 2012.

NYS DEC is also submitting to US EPA documentation for two other facilities as revisions to the Regional Haze SIP. The Holcim (US) Inc. Catskill Plant and Lafarge Building Materials are both subject to the BART requirements of Part 249. In each case, the emission units that subjected them to this regulation are being shut down; BART emission limits are therefore not being applied. The Holcim plant has been out of operation since 2010 and recently relinquished its Title V and State Facility air permits. Lafarge is replacing its two BART-subject kilns with a new kiln in a modernization project pursuant to a federal consent decree; requirements for the modernization are contained in its Title V permit, which was issued July 19, 2011. All relevant supporting documentation will be submitted to EPA for this SIP revision.

A 30-day public comment period is being provided for this submission. Written comments should be submitted by 5:00 p.m. on July 30, 2012 to: Scott Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, or by E-mail to dar.sips@dec.ny.gov.

Contact: Scott Griffin, NYS DEC - Division of Air Resources, 625 Broadway, 11th Floor, Albany, NY 12233-3251, E-mail to dar.sips@dec.ny.gov.


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