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ENB - Statewide Notices 6/28/2017

Public Notice

Notice of Plant Cultivars Exempt from 6 NYCRR Part 575 Regulations

A regulation, 6 NYCRR Part 575 Prohibited and Regulated Invasive Species, was adopted in July 2014 that prohibits or regulates the possession, transport, importation, sale, purchase and introduction of certain invasive species. The purpose of this regulation is to help control invasive species by reducing their introduction and spread.

This regulation became effective March 10, 2015. Section 575.8 of the regulation provides an exemption for cultivars of prohibited or regulated species for which the New York State Department of Environmental Conservation (NYS DEC) determines that: 1) the primary means of reproduction of the cultivars' parent species is sexual, not vegetative, and 2) that the cultivar and its offspring do not revert to express the invasive characteristics of the parent.

NYS DEC has assessed several cultivars of prohibited and regulated species, using a standard scientifically rigorous assessment protocol, and has determined that the cultivars listed below meet the exemption qualifications of 575.8 (a)(4). Individual cultivar assessments are available upon request. Therefore, a person may legally possess, sell, import, purchase, transport, or introduce the following plant cultivars and no labeling requirements apply:

Prohibited Species
Common Name Scientific Name Cultivar Name Trademark Name Accession Number Patent Status
Japanese Barberry Berberis thunbergii 'Aurea' Conditionally Exempt
Japanese Barberry Berberis thunbergii 'UCONNBTCP4N' Crimson Cutie PPAF Conditionally Exempt
Japanese Barberry Berberis thunbergii 'UCONNBTB113' Lemon Cutie PPAF Conditionally Exempt
Japanese Barberry Berberis thunbergii 'UCONNBTB048' Lemon Glow PPAF Conditionally Exempt
Regulated Species
Common Name Scientific Name Cultivar Name Trademark Name Accession Number Patent Status
Chinese Silvergrass Miscanthus sinensis 'NCMS1' My Fair Maiden H2008-091-004 PPAF Conditionally Exempt
Chinese Silvergrass Miscanthus sinensis 'Tift M77' Scout PPAF Conditionally Exempt
Winter Creeper Euonymus fortunei 'Kewensis' Conditionally Exempt
Winter Creeper Euonymus fortunei 'Vanilla Frosting' Conditionally Exempt

Conditionally Exempt - Cultivars exempt from Part 575 Prohibited and Regulated requirements, subject to periodic re-evaluation.

Contact: Dave Adams, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4253, Phone: (518) 402-9425.


Notice of Intent and Annual Nutrient Management Plan for the Concentrated Animal Feeding Operation(s)

New York State Department of Environmental Conservation (NYS DEC) has received a Notice of Intent (NOI) and Annual Nutrient Management Plan (ANMP) for the Concentrated Animal Feeding Operation(s) listed below. The operations listed below are seeking coverage under the New York State Department of Environmental Conservation Clean Water Act State Pollutant Discharge Elimination System General Permit for Concentrated Animal Feeding Operations (CAFOs) (GP-0-16-002). These documents are available for public review, comment and hearing request for 30 days after the publishing date. To download a copy of these documents go to: http://www.dec.ny.gov/permits/6054.html.

Franklin County NYS DEC - Region 5

Shipman Farm
193 County Route 29
Burke, NY 12917

Sunset Lake 2
542 East Road
Burke, NY 12917

Washington County NYS DEC - Region 5

Black Creek Valley Farm
691 County Route 30
Salem, NY

Red Top Dairy
1320 County Route 24
Granville, NY 12832

Contact: Doug Ashline, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8086, E-mail: douglas.ashline@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:

Pursuant to the provisions of Section 22 of the New York State Clean Air Compliance Act (ECL 72-0303), the 2017 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, 2017, 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, 2017, the fee per ton for 2017 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 2017-18 appropriation for the operating permit program is $9,751,000;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program are 67,776 tons;

(iii) as of March 31, 2017 the actual operating permit program account balance was negative $20,347,827. An additional estimated $640,637 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2017-18. The estimated deficit of $20,988,464 will be applied towards the appropriation for SFY 2017-18.

(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 97.57 percent.

3. The calculation is as follows:
($9,751,000 - negative $20,988,464) ÷ (67,776 x .9757) = $464.84

4. However, as established in paragraph (a) of this section, the fee assessed for 2017 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.


Data Solicitation for 2018 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 the United States Environmental Protection Agency (US EPA) by April 1, 2018. 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 2018 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. The 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.

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 2018 CWA Section 303(d) List, data and information must be received by September 29, 2017. 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 US EPA by April 1, 2018.

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, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (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 e-mail 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 NYS DEC will accept public comment on these documents throughout the 2018 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.

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


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