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ENB - Statewide Notices 6/17/2015

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 New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Pursuant to the provisions of Section 22 of the NYS Clean Air Compliance Act (ECL 72-0303), the 2015 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. Commencing January 1, 2015, all sources subject to fees under this Subpart must submit an annual fee to NYS DEC. This fee consists of an annual base fee of $2,500.00 in addition to the per ton fee applied to 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, 2015, the fee per ton for 2015 is as follows:

(i) a fee of $60.00 per ton for facilities having total annual emissions less than 1,000 tons,
(ii) a fee of $70.00 per ton for facilities having total annual emissions of 1,000 tons or more but less than 2,000 tons,
(iii) a fee of $80.00 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 $90.00 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 2015-16 appropriation for the operating permit program is $9,559,000;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program are 128,689 tons;

(iii) as of March 31, 2015 the actual operating permit program account balance was negative $19,996,630. An additional estimated $600,000 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2015-16. The estimated deficit of $20,596,630 will be applied towards the appropriation for SFY 2015-16.

(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 97.68 percent.

3. The calculation is as follows:
($9,559,000 - negative $20,596,630) / (128,689 x .9768) = $239.90

4. However, as established in paragraph (a) of this section, the fee assessed for 2015 is as follows:
$60.00 per ton for facilities having total annual emissions less than 1,000 tons,
$70.00 per ton for facilities having total annual emissions of 1,000 tons or more but less than 2,000 tons,
$80.00 per ton for facilities having total annual emissions of 2,000 tons or more but less than 5,000 tons, and
$90.00 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.


New York State Department of Environmental Conservation (NYS DEC) Announces Sea-level Rise Projection Meetings

NYS DEC will host four public information and comment meetings to provide public opportunity to learn about and comment on projections of future sea-level. The Community Risk and Resiliency Act (CRRA) requires NYS DEC to adopt a regulation establishing official state sea-level rise projections by January 1, 2016. The meetings listed below will provide an opportunity for public input before NYS DEC proposes a draft sea-level rise projection regulation for formal public comment later in 2015.

The meeting dates and locations are as follows:


Date: Tuesday, June 23, 2015
Time: 1:00 p.m.
Location: Wertheim National Wildlife Refuge Visitor Center
340 Smith Road
Shirley, Suffolk County, New York

Date: Tuesday, June 23, 2015
Time: 7:00 p.m.
Location: Operation Splash
202 Woodcleft Avenue
Freeport, Nassau County, New York

Date: Wednesday, June 24, 2015
Time: 10:00 a.m.
Location: Hunter College
West Building, Room 511
67th Street and Lexington Avenue
New York City, New York County, New York

Date: Thursday, June 25, 2015
Time: 2:30 p.m.
Location: NYS DEC Headquarters
625 Broadway, Room 129,
Albany, Albany County, New York

Individuals planning to attend the June 25, 2015 meeting in Albany are asked to pre-register by e-mailing: climatechange@dec.ny.gov or calling (518) 402-8448. Failure to pre-register may result in delayed entry to the meeting. Those attending must present photographic identification.

NYS DEC will make the June 25 meeting in Albany accessible via WebEx webinar service.Instruction for accessing the webinar are at http://www.dec.ny.gov/energy/100236.html.

NYS DEC staff will present information on the Community Risk and Resiliency Act (CRRA) and on scientific information NYS DEC is considering as it develops its regulation to establish sea-level rise projections. Participants will have opportunity to provide additional input for NYS DEC's consideration. NYS DEC will consider public input received by July 1, 2015 as it formulates its draft regulation. Additional information on CRRA and the sea-level rise projection regulation is available at: http://www.dec.ny.gov/energy/100236.html.

E-mail comments to: climatechange@dec.ny.gov.

Mail comments to: NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448, E-mail climatechange@dec.ny.gov.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448, E-mail climatechange@dec.ny.gov.


Notice of the Public Comment Period and Public Meetings for the Regulations Associated with the Sewage Pollution Right to Know Act

The 45 day public comment period begins on June 17, 2015 for the Proposed Rule Making documentation to revise provisions of 6 NYCRR Parts 750 and 621 to implement the Sewage Pollution Right to Know Act (SPRTK), Environmental Conservation Law (ECL) § 17-0826-a, which took effect on May 1, 2013. The full text of the Express Terms and full text of the Regulatory Impact Statement for the proposed rulemaking are posted at the NYS DEC website: http://www.dec.ny.gov/65.html.

Note: Two public meeting locations have been added, see below for information about six public meeting locations.

Brief Description:

The purpose of this proposed rulemaking is to implement the Sewage Pollution Right to Know (SPRTK) Act, ECL §17-0826-a, which is intended to benefit the public health and the environment.

The proposed rule would implement the two hour reporting and four hour notification requirements of SPRTK by publicly owned treatment works (POTWs) as well as publicly owned sewer systems (POSSs). The proposed rule would extend direct regulatory oversight to POSSs, which are not currently regulated through NYS DEC's SPDES program.

Under the proposed rule, two hour notification would be required to NYS DEC and the New York State Department of Health (NYS DOH); the four hour notification would be required to notify the chief elected official of the municipality where the discharge occurred and adjoining municipalities of untreated and partially treated sewage discharges. The general public would also need to be notified of any such discharges to surface water within this same four hour time frame through appropriate electronic media as determined by NYS DEC. POTWs and POSS would need to continue reporting each day after the initial report is made until the discharge terminates.

NYS DEC has determined that some combined sewer overflows (CSOs) cannot be detected by the existing systems and models of POTWs and POSSs. To address this issue, the proposed rule would provide that "[f]or combined sewer overflows for which real-time telemetered discharge monitoring and detection does not exist, owners and operators of POTWs and POSSs shall make reasonable efforts to expeditiously issue advisories through appropriate electronic media to the general public when, based on actual rainfall data and predictive models, enough rain has fallen that combined sewer overflows are likely of enough volume to cause potential health concerns for people who may come in contact with the water." These advisories may be made on a waterbody basis rather than by individual combined sewer overflow points.

Finally, the proposed rule would obligate owners and operators of POSSs to file five day written incident reports (as currently required for POTWs and other SPDES permittees); properly operate and maintain their facilities; and allow NYS DEC to inspect POSSs and copy records. In addition, owners of POSSs would be required to notify DEC of a change in ownership or operation of the facility.

The proposed rulemaking was published in the State Register on June 17, 2015. Written public comments on these regulations will be accepted until 5:00 p.m. on July 31, 2015. In order to make public comment with respect to the proposed rule making, comments must be submitted by e-mail to sprtkcomments@dec.ny.gov or by regular mail to:

Sewage Pollution Right to Know Law Comments
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500

Public information sessions regarding the proposed regulations will be held during the public comment period at the following locations, dates and times. Please use Eventbrite to register for the meetings. Registering is not required to attend the meetings, except the New York City location, however it is preferred.

Date: July 7, 2015
Time: 7:00 p.m.
Location: NYS DEC - Central Office
625 Broadway
Albany, New York

To register: https://eventbrite.com/event/17425785995/

Date: July 15, 2015
Time: 7:00 p.m.
Location: Monroe Community College (MCC)
Monroe B, Warshof Conference Center
1000 East Henrietta Road
Rochester, New York

To register: https://eventbrite.com/event/17425785995/

Date: July 16, 2015
Time: 7:00 p.m.
Location: SUNY Ulster Community College
Vanderlyn Hall
491 Cottekill Road
Stone Ridge, New York

To register: https://eventbrite.com/event/17425785995/

Date: July 21, 2015
Time: 7:00 p.m.
Location: NYS DEC
207 Genesee Street
Utica, New York

To register: https://eventbrite.com/event/17425785995/

Date: July 22, 2015
Time: 7:00 p.m.
Location: New York City
Federal Building, 4th Floor Board Room
90 Church Street
New York, NY 10007

People planning to attend this meeting, should register at: https://eventbrite.com/event/17426022703/ no later than 5:00 p.m. July 20, 2015. The Federal Building's security policy requires entities using their rooms to provide a list of attendees prior to the meeting. Please bring picture ID with you to the meeting, to use at check-in.

Date: July 23, 2015
Time: 7:00 p.m.
Location: Long Island
Suffolk County Community College
Sagtikos - Van Nostrand Theatre
Sagtikos Arts & Science Building
Suffolk Community College
1001 Crooked Hill Rd.
Brentwood, NY 11717

To register: https://eventbrite.com/event/17425785995/

Written comments can also be submitted at the public information sessions. All documents and related information pertaining to these proposed rule makings are available on NYS DEC's website at: http://www.dec.ny.gov/regulations/propregulations.html. If you do not have internet access, please write to the address above or call (518) 402-8233.

Hard copies of the full Express Terms and full Regulatory Impact Statement for proposed rulemaking are posted at the NYS DEC website: http://www.dec.ny.gov/65.html and are available from the contact person listed below:

Sewage Pollution Right to Know Law Comments
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8233
E-mail: sprtkcomments@dec.ny.gov

For more information about this rule making, please contact:

Robert Simson
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8233
E-mail: sprtkcomments@dec.ny.gov


Data Solicitation for 2016 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, 2016. 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 2016 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. 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. NYSDEC 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 NYSDEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

Every two years, corresponding to the development of the 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 pending List, but will be incorporated into subsequent water quality assessments. 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 be included for consideration in the compiling of the 2016 CWA Section 303(d) List, data and information must be received by September 30, 2015. 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 USEPA by April 1, 2016.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet which may also be found at: http://www.dec.ny.gov/chemical/36730.html. 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. Worksheet information can also be obtained by contacting Sarah Rickard at the NYSDEC 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, supporting water quality monitoring data, a copy of the corresponding Quality Assurance/Quality Control (QA/QC), QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via email to 4pwlinfo@gw.dec.state.ny.us.

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 NYSDEC will accept public comment on these documents throughout the 2016 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 NYSDEC website at: http://www.dec.ny.gov/chemical/31290.html.

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@gw.dec.state.ny.us.


Notice of Rescission of Program Policy DER-32, Brownfield Cleanup Program Applications and Agreements

Notice is hereby given that the Division of Environmental Remediation (DER) in the New York State Department of Environmental Conservation (NYS DEC) has rescinded Program Policy DER-32, Brownfield Cleanup Program Applications and Agreements, on June 17, 2015.

DER-32 was issued in June 2010. In April 2015, the New York State budget included reforms to the Brownfield Cleanup Program (BCP) to catalyze redevelopment while providing the means to improve the environment and clean up contaminated sites. Therefore, DER-32 no longer reflects current legislation. Details about the BCP reforms can be found on NYS DEC's website at: http://www.dec.ny.gov/chemical/101350.html.

A revised BCP application form and instructions, as well as a revised standard Brownfield Cleanup Agreement, will be available on NYS DEC's website in July 2015.

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail: derweb@dec.ny.gov.


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