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ENB - Statewide Notices 6/19/2019

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 New York State Clean Air Compliance Act (ECL 72-0303), the 2019 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. This fee structure is set by statute and was last amended by the New York State Legislature in 2015.

6 NYCRR 482-2 Operating Permit Program Fee (Statutory Authority: Environmental Conservation Law, Sections 3-0301, 19-0311, 72-0303)

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, 2019, 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, 2019, the fee per ton for 2019 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 2019-20 appropriation for the operating permit program is $10,045,000;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program are 53,811 tons;

(iii) as of March 31, 2019 the actual operating permit program account balance was negative $27,258,308. An additional estimated $183,764 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2019-20. The estimated deficit of $27,442,072 will be applied towards the appropriation for State fiscal year 2019-20.

(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 94.79 percent.

3. The calculation is as follows:
($10,045,000 - negative $27,442,072) ÷ (53,811 x .9479) = $734.93

4. However, as established in paragraph (a) of this Section, the fee assessed for 2018 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: air.regs@dec.ny.gov


Data Solicitation for 2020 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile every two years, a list of impaired waters that do not meet water quality standards, 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) List to the United State Environmental Protection Agency (US EPA) by April 1, 2020. To support the development of the Section 303(d) Lists, States are required to assemble and consider existing, 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 2020 Section 303(d) List.

Background: 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.

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 or basin. This allows for a more comprehensive updating of the List. Solicited data and information may result in changes to the List or may be incorporated into water quality assessments.

In order to be included for consideration in the compiling of the 2020 CWA Section 303(d) List, data and information must be received by September 27, 2019.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet, which may 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 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, corresponding Quality Assurance/Quality Control (QA/QC) documentation, 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@dec.ny.gov.

Guidance regarding the use of water quality data and information to conduct assessments and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. Additional information regarding Section 303(d) List development 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, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@dec.ny.gov.


2019 Hudson River Estuary Grants for River Education Under the New York State Environmental Protection Fund

Eligible Applicants are Governmental Entities and Not-For-Profit Corporations located within the Geographic Boundaries of the Hudson River Estuary

Applications will be accepted through 3:00 pm August 14, 2019 for grant funding under the Hudson River Estuary Grant Program. Anticipated grant funds from the New York State Environmental Protection Fund (NYS EPF) is approximately $200,000. This is a competitive grant program and projects must implement priorities of the Hudson River Estuary Action Agenda identified in the application. The Hudson River Estuary Action Agenda can be viewed at: http://www.dec.ny.gov/lands/5104.html. Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River Estuary. The recipient must provide a match of at least 15% of the grant funding amount.

Applications must be completed online and are available on the New York State Grants Gateway at: https://grantsgateway.ny.gov. The application ID Number is DEC01-HRER29-2019. All applicants must register in the Grants Gateway to be eligible to apply for any New York State grant opportunity. Not-for-profit applicants must also be "prequalified" in the Grants Gateway system prior to the application deadline to be considered eligible for a grant. Information regarding registration and prequalification can be found at: https://grantsmanagement.ny.gov/. Information regarding the Hudson River Estuary grant applications can be found at http://www.dec.ny.gov/lands/5091.html or you may contact: Susan Pepe, NYS DEC - Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail: HREPgrants@dec.ny.gov.

Contact: Susan Pepe, NYS DEC - Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail: HREPgrants@dec.ny.gov.


2019 Hudson River Estuary Grants for River Access Under the New York State Environmental Protection Fund

Eligible Applicants are Governmental Entities and Not For Profit Corporations located within the Geographic Boundaries of the Hudson River Estuary

Applications will be accepted through 3:00 pm August 14, 2019 for grant funding under the Hudson River Estuary Grants Program. Anticipated grant funds from the New York State Environmental Protection Fund (NYS EPF) is approximately $200,000. This is a competitive grant program and projects must implement priorities of the Hudson River Estuary Action Agenda identified in the application. The Hudson River Estuary Action Agenda can be viewed at http://www.dec.ny.gov/lands/5104.html. Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River Estuary. The recipient must provide a match of at least 15% of the grant funding amount.

Applications must be completed online and are available on the New York State Grants Gateway at https://grantsgateway.ny.gov. The application ID Number is DEC01-HRER30-2019. All applicants must register in the Grants Gateway to be eligible to apply for any NYS grant opportunity. Not-for-profit applicants must also be "prequalified" in the Grants Gateway system prior to the application deadline to be considered eligible for a grant. Information regarding registration and prequalification can be found at: https://grantsmanagement.ny.gov/. Information regarding the Hudson River Estuary grant applications can be found at http://www.dec.ny.gov/lands/5091.html. For additional information, you may contact: Susan Pepe, NYS DEC Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail: HREPgrants@dec.ny.gov.

Contact: Susan Pepe, NYS DEC - Hudson River Estuary Program, 625 Broadway, Albany, NY 12233-3506, E-mail: HREPgrants@dec.ny.gov.


Draft Amendment No. 1 to the Federal Fiscal Year 2019 Clean Water State Revolving Fund Final Intended Use Plan
Addition of Green Innovation Grant Program (GIGP) Projects to the Clean Water State Revolving Fund Annual Project Priority List and Notification of Minority- And Woman-Owned Business Enterprise (MWBE) Program Requirements

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2019 Clean Water State Revolving Fund (CWSRF) Final Intended Use Plan (IUP), dated December 2018, is being amended.

NYS EFC is seeking comment on the Draft Amendment No. 1, which includes the following three topics:

  1. Green Innovation Grant Program Round 10 projects,
  2. Smart Growth review of GIGP Round 10 projects, and
  3. MWBE Program requirements.

Draft Amendment No. 1 is available on NYS EFC's website at http://www.efc.ny.gov/2019-CW-IUP. Comments must be submitted by 5:00 p.m. Friday, July 5, 2019.

Submit comments to:

Timothy P. Burns
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, New York 12207-2997
E-mail: iupcomments@efc.ny.gov

For assistance and other general information on the CWSRF program, please contact:

Dwight Brown
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, NY 12207-2997
Phone: (518) 402-7396
E-mail: CWSRFinfo@efc.ny.gov


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