ENB - STATEWIDE NOTICES

The Environmental Justice Advisory Group, established by the New York State Department of Environmental Conservation, will be holding the last of four public meetings throughout New York State to solicit comments on environmental justice issues affecting the people of the State of New York. The meeting schedule is as follows:

*Please plan to arrive on time in order to participate fully in the meeting.*

Topics for Comment: We invite you to comment on any of the following issues, or any other environmental justice-related issues of concern to you:

• What environmental impacts affect you and your community?
• What is your experience in trying to get environmental justice issues addressed?
• What is your experience in trying to get information on environmental projects in your community? For example, are you able to get timely and complete information? If not, how can information availability be improved?
• Do you have any recommendations on how DEC should address and prioritize existing environmental justice concerns?
• Would you like to see "environmental benefits" such as open space, environmental education and recreational opportunities in your community?

If you cannot attend one of the public meetings, you can send written comments to:

Monica Abreu Conley, Esq., Environmental Justice Coordinator, New York State Department of Environmental Conservation, 50 Wolf Road, Room 611, Albany, NY 12233-1040 or send an email at envirju@gw.dec.state.ny.us

Revised Notice
Local Assistance Program for Non-toxic Pest Management
NOTE: This is revision of a May 10, 2000 notice

Items Covered under this Program: This revised notice is for the Assistance Program for Non-toxic Pest Management Training and Structural Improvements. The purpose of the program is to provide State financial assistance to municipalities and not-for-profit corporations for training in non-toxic pest management methods and to make minor structural repairs that prohibit pest infestations. Although both training and structural improvements are components of this program, the emphasis is on the training element.

Type of Recipient: Municipalities (including counties; cities; towns; villages; school districts and improvement districts within a city, county, town, or village; local public benefit corporations; local public authorities; Indian tribes residing within New York State; and any combination of these) and not-for-profit corporations. Any entity which intends to apply for assistance under this program must request the application package for further information on requirements for applying for assistance and on eligible projects under this program.

Applying For Assistance: Any entity which intends to apply for assistance under this program must request the application package for further information on requirements for applying for assistance and on eligible projects under this program.

Applications will be accepted at the DEC Bureau of Pesticides Management through July 28, 2000 for grants of up to $50,000 per applicant. No funding match is required for these grants.

To obtain an application, contact:
Mary A. Roy, Environmental Program Specialist 2
NYSDEC
50 Wolf Road, Room 498
Albany, NY 12233-7254
518-457-0917

Statewide - Pursuant to Environmental Conservation Law Sections 3-0301, 72-0303, 19-0311 the New York State Department of Environmental Conservation hereby gives notice of the following:

The 2000 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin. 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.

Contact: Louise King, NYSDEC Division of Air Resources, 50 Wolf Rd., Albany, NY 12233-3250, phone: (518) 457-7231, e-mail: liking@gw.dec.state.ny.us

6 NYCRR Part 482-2
2000 Operating Permit Program Fee Rule

NOTICE OF ADOPTION OF RULE - Pursuant to the provisions of Section 22 of the NYS Clean Air Compliance Act (ECL 72-0303), the 2000 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin notwithstanding the provisions of the State Administrative Procedures Act. 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, §§3-0301, 72-0303, 19-0311)

Sections 482-2.1 through 482-2.3 remain unchanged.

Section 482-2.4 reads as follows:

482-2.4 Annual fee and fee calculation. (a) Fee. Each person subject to fees under this Subpart must submit a fee to the department. The fee per ton, up to six thousand tons annually, of each regulated air contaminant is as follows:

1. Effective January 1, 1994, $25.69;
2. Effective January 1, 1995, $26.44;
3. Effective January 1, 1996, $27.19;
4. Effective January 1, 1997, $ 27.94;
5. Effective January 1, 1998, $ 32.64;
6. Effective January 1, 1999, $ 45.00;
7. Effective January 1, 2000, $ 45.00.

(b) Fee calculation.

(1) The amount of the fee set forth in subdivision (a) of this section is calculated by the Department pursuant to section 72-0303 of the Environmental Conservation Law. The 2000 fee has been calculated 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 last 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 ninety-seven-oo of the State Finance Law, any loan repayment from the mobile source account of the clean air fund established pursuant to section ninety-seven-oo of the State Finance Law 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:

1. the State fiscal year 2000-01 appropriation for the operating permit program is $16,749,200;
2. the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is 308,000 tons;
3. As of March 31, 2000 the actual operating permit program account balance was $1,991,916. Of this balance, an estimated $1,100,000 will be required to liquidate obligations made pursuant to appropriations made for fiscal years prior to 2000-01. The $891,916 remainder of the balance will be applied towards funding the appropriation for SFY 2000-01.
4. the loan repayment from the mobile source account of the clean air fund is zero since no loan was made;
5. the collection rate of bills for the prior fiscal year is 94 percent.

(3) Commencing January first 1999, the maximum fee per ton is $45.00. The amount of the fee set forth in subdivision (a) of this section is the maximum fee per ton allowable under section 72-0303(3) of the Environmental Conservation Law.

(4) The calculation is as follows:

($16,749,200 - $891,916) / (308,000 x .94) = $54.77

However, as established in paragraph (3) of subdivision (b) of this section, the fee calculation results in a fee that exceeds the maximum that may be assessed. The fee for 2000 is forty-five dollars ($45.00) per ton.

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: Louise King, NYS Department of Environmental Conservation, Division of Air Resources, 50 Wolf Road, Albany, NY 12233-3250, (518) 457-7231.