Department of Environmental Conservation

D E C banner

ENB - Statewide Notices 6/29/2016

Public Notice

Notice of Proposed Rule Making for the Regulations Associated with the Sewage Pollution Right to Know Act

The 45 day public comment period begins on June 29, 2016 for the Proposed Rule Making 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 New York State Department of Environmental Conservation (NYS DEC) website: http://www.dec.ny.gov/regulations/101977.html.

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 29, 2016. Written public comments on these regulations will be accepted until 5:00 p.m. on August 15, 2016. 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

For further information, contact:

Robert J. Simson
NYSDEC - Division of Water
625 Broadway, 4th Floor
Albany, N.Y. 12233- 3500
Phone: (518) 402-8233
E-mail: robert.simson@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 2016 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. Commencing January 1, 2016, all sources subject to fees under this Subpart must submit an annual fee to the department. 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, 2016, the fee per ton for 2016 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 the Department for the current year is hereby established as follows:

(i) the State fiscal year 2016-17 appropriation for the operating permit program is $9,598,000;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program are 90,096 tons;

(iii) as of March 31, 2016 the actual operating permit program account balance was negative $19,199,593. An additional estimated $669,000 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2016-17. The estimated deficit of $19,868,593 will be applied towards the appropriation for SFY 2016-17.

(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 92.91 percent.

3. The calculation is as follows:
($9,598,000 - negative $19,868,593) / (90,096 x .9291) = $352.02

4. However, as established in paragraph (a) of this section, the fee assessed for 2016 consists of an annual base fee of $2,500.00 in addition to the per ton fee 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.


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

DAR-1: Guidelines for the Evaluation and Control of Ambient Air Contaminants under 6 NYCRR Part 212 Process Operations (Part 212)

Part 212 is used in conjunction with other state and federal regulations to control non-criteria air contaminants, which are also referred to as toxic air contaminants, and criteria air containments. This policy is written to provide guidance for the implementation of and compliance with Part 212. This document, issued by the NYS DEC outlines the procedures for evaluating the emissions of criteria and non-criteria air contaminants from process operations in New York State. Incorporated within the policy document are three flow charts to aid the end user when identifying applicable process emission sources, establishing uniform Environmental Ratings and ascertaining the proper degree of control for applicable process emission sources.

The policy describes the NYS DEC - Division of Air Resources' (DAR) procedures for implementing Part 212. This policy replaces the DAR-1 previously issued on November 12, 1997 by DAR. This document provides guidance to NYS DEC staff, those facility owners subject to Part 212 and the general public. More specifically, this guidance document discusses how NYS DEC intends to implement Part 212. This guidance is not a substitute for those provisions nor is it a regulation itself. The guidance contained in this document is primarily intended for use in conjunction with NYS DEC's permitting and regulatory authority found in 6 NYCRR Parts 200, 201, 212 and 257.

The full text and PDF printable version of this policy can be found at: http://www.dec.ny.gov/chemical/106667.html.

Written comments on the proposed guidance may be submitted until 5:00 p.m. July 29, 2016.

For further information, contact:

Steven DeSantis
NYSDEC - Division of Air Resources
625 Broadway
Albany, NY 12233-3250
Phone: (518) 402-8402
E-mail: air.regs@dec.ny.gov


Extension of Public Comment Period for Part 360 Revisions

The New York State Department of Environmental Conservation (NYS DEC) is extending the comment period for the proposed Part 360 Solid Waste Management Facilities regulations and associated Draft Generic Environmental Impact Statement (DGEIS) until September 13, 2016. This is a 60 day extension from the original comment period deadline of July 15, 2016. The extension of the comment period has been granted based on numerous stakeholder requests. The express terms, Draft GEIS and supporting documents for this proposed rulemaking can be found at: http://www.dec.ny.gov/regulations/81768.html.

Written comments on these draft regulations and Draft GEIS will be accepted until 5:00 p.m. on September 13, 2016. Comments must be submitted to: SolidWasteRegulations@dec.ny.gov or by mail to the contact listed below.

For further information, contact:

Melissa Treers
NYS DEC - Division of Materials Management
625 Broadway
Albany, NY 12233-7260
Phone: (518) 402-8678
E-mail: SolidWasteRegulations@dec.ny.gov


  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions