ENB - STATEWIDE NOTICES

        
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Public Notice

Final Amendment No. 1 to the FFY 2002 CWSRF Intended Use Plan
Not-For-Profit Organization Land Acquisition Financing and Fund Revisions

The Federal Fiscal Year (FFY) 2002 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, issued September 2001, has been amended to provide CWSRF financing for eligible projects. A notice published in the May 1, 2002 issue of the Environmental Notice Bulletin (ENB) announced the availability of draft Amendment No. 1 to the FFY 2002 CWSRF IUP which discussed financing not-for-profit organization land acquisition projects and also included adjustments to the sources and uses of funds. Over 1,560 copies of the amendment were mailed to municipalities on the CWSRF Multi-Year Project Priority List, not-for-profit organizations/agencies, engineering firms, and other interested parties. Written comments were to be submitted by Friday, May 17, 2002.

The New York State Environmental Facilities Corporation (EFC) received five (5) letters of public comment on this amendment, four (4) of which were in positive support of the use of CWSRF financing for not-for-profit organization land acquisition projects. These letters came from a County Planning Office, a County Health Office, a Preservation Society, the State Director of The Nature Conservancy, and Assemblyman Thomas P. DiNapoli. EFC’s response to the comments on Amendment No. 1 are included in the Public Review and Comment section of the final amendment. Therefore, Amendment No. 1 to the FFY 2002 CWSRF IUP is final.

Copies of the final Amendment No. 1 can be requested by calling EFC’s toll-free line at (800) 882-9721 (within NYS only) or at (518) 402-7433. Amendment No. 1 will also be available on the EFC web site at www.nysefc.org (click on “What’s New” or “Clean Water”).


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Supplement to Second Quarter Update of the 2002 Intended Use Plan (IUP)

The 2002 IUP for the CWSRF was issued in September 2001. Since that time, municipalities have requested funding for additional projects. Eligible water quality protection projects must be included in the IUP to receive low interest rate financing.

The New York State Environmental Facilities Corporation (EFC) and the Department of Environmental Conservation (DEC) recently issued the Second Quarter Update of the 2002 CWSRF Intended Use Plan which provided interested parties with new and updated information regarding projects listed in the 2002 IUP Annual and Multi-Year Project Priority Lists (PPL).

Notices regarding the draft Second Quarter Update and Amendment No. 1 to the 2002 IUP were published in the May 1, 2002 issue of the Environmental Notice Bulletin (ENB). Comments on the Update and Amendment were accepted until close of business, Friday, May 17, 2002. The Amendment allows not-for-profit organizations to use the CWSRF for financing eligible land acquisition projects under the current 2002 IUP financing period. A Supplement to the FFY 2002 Second Quarter Update has been prepared to accommodate these projects. There will be no impact on CWSRF long-term financing of projects previously listed in the September 2001 IUP, the January 2002 First Quarter Update, or the May 2002 Second Quarter Update.

The Supplement lists not-for-profit organization land acquisition projects that may qualify for and receive financing prior to September 30, 2002. These projects have been listed in Category C of the Annual and Multi-Year Project Priority Lists. Notations have also been added to the list to facilitate identification of these new projects.

Comments on the Supplement to the Second Quarter Update will be accepted by fax or mail until close of business, Friday, July 12, 2002. A final Supplement will be published only if changes are made as a result of public comment. Comments can be addressed by fax at (518) 402-7456 or by mail to Mr. David Morseman, Program Services Representative III, Program Management Division, New York State Environmental Facilities Corporation, 625 Broadway, Albany, New York 12207-2997.

If you would like a copy of the Supplement to the Second Quarter Update, or desire additional information on the CWSRF program, please refer to EFC’s web site at www.nysefc.org or contact Mr. Morseman at EFC’s toll-free information line (800) 882-9721 (within NYS only) or (518) 402-7433. Written requests for CWSRF program information should be addressed to Mr. Morseman at the above address. Information on the CWSRF and other EFC programs can also be viewed on EFC’s web site, www.nysefc.org.

Notice of Adoption

6 NYCRR Subpart 482-2, Operating Permit Program Fee Rule

Pursuant to the provisions of Environmental Conservation Law, Section 72-303.1, the NYS Department of Environmental Conservation 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 2001 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, Sections 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:

(b) Fee calculation.

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 2002 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: CathyJo Rogers, NYS Department of Environmental Conservation, Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, 518 402-8451, E-mail cjrogers@gw.dec.state.ny.us