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ENB - Statewide Notices 6/26/2013

Public Notice

DAR-20: "Economic and Technical Analysis for Reasonably Available Control Technology (RACT)"

Notice is hereby given that New York State Department of Environmental Conservation (NYS DEC) has prepared a draft Division of Air Policy entitled: DAR-20: "Economic and Technical Analysis for Reasonably Available Control Technology (RACT)". This policy includes procedures for the economic and technical feasibility analysis used to determine Reasonably Available Control Technology (RACT) and evaluate requests for source specific RACT determinations. The existing policy guidance under Air Guide 20, Economic and Technical Analysis for Reasonably Available Control Technology (RACT), is 20 years old. Therefore, NYS DEC proposes to revise and update Air Guide 20 into the DAR series NYS DEC's website at: http://www.dec.ny.gov/chemical/91851.html. Pursuant to ECL Section 3-0301(2)(z), public comments on the draft Policy will be accepted for a 30 day period.Comments must be received by 5:00 p.m., July 26, 2013.

For further information, contact:

Michael Jennings
NYS DEC - Division of Air Resources
Bureau of Stationary Sources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: DAR-20@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 2013 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin 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 NYS DEC. 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, 2013, the fee per ton for 2013 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 NYS DEC for the current year is hereby established as follows:

(i) the State fiscal year 2013-14 appropriation for the operating permit program is $8,989,600;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program are 108,977 tons;

(iii) as of March 31, 2013 the actual operating permit program account balance was negative $15,184,879. An additional estimated $825,000 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2013-14. The estimated deficit of $16,009,879 will be applied towards the appropriation for SFY 2013-14.

(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 91.81 percent.

3. The calculation is as follows:
($8,989,600 - negative $16,009,879) / (108,977 x .9181) = $249.87

4. However, as established in paragraph (a) of this section, the fee assessed for 2013 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 12233-3258
Phone: (518) 402-8401
E-mail: 482oppfee@dec.ny.gov



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