ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Environmental Facilities Corporation
Notice of Final Description of Eligible Project Categories
Financial Assistance to Business Air Program
Dry Cleaner Program

I. BACKGROUND, SCOPE AND APPLICABILITY

The New York State Environmental Facilities Corporation (“EFC”) proposes to provide funding to the owners of certain eligible dry cleaning facilities to defray costs associated with environmental protection requirements. This funding will be made pursuant to the Dry Cleaner Program within the existing Financial Assistance to Business ("FAB") program that was created by the Clean Water/Clean Air Bond Act of 1996, and implementing regulations (21 N.Y.C.R.R. Part 2606).

The FAB Dry Cleaner Program is intended to help owners of dry cleaning facilities comply with state regulations (6N.Y.C.R.R. Part 232), which will result in reduced perchloroethylene ("PERC") emissions. Under the FAB Dry Cleaner Program, EFC will provide financial assistance for the acquisition and installation of certain new or upgraded eligible dry cleaning equipment, which complies with Part 232. (Requests for state assistance for dry cleaning equipment utilizing alternative technologies will be considered on a case-by-case basis).

The FAB Dry Cleaner Program only applies to: (1) dry cleaning facilities in existence prior to May 15, 1997; (2) which are located within New York State (Pursuant to the Laws of 2003, eligibility for the FAB Dry Cleaner Program was extended to dry cleaners located in the City of New York, up to a total of $2 Million); (3) which are "small businesses"; and (4) eligible machines installed between August 1, 1996 and not later than 90 days after the New York State Department of Environmental Conservation’s (DEC) enforcement deadline for 4th generation machine upgrade of June 26, 2003.

A "small business" is any business, which is independently owned and operated, not dominant in its field, and employs not more than one hundred people.

II. PURPOSE OF THIS NOTICE

As required by the proposed Part 2606, this notice describes eligibility requirements for the FAB Dry Cleaner Program, the amount of funding available, the time period during which EFC will accept applications for funding, and certain other eligibility criteria.

III. DEFINITIONS

Unless defined herein, terms used in this notice shall have the meanings set forth in Section 56-0101 of the environmental conservation law, or 21 N.Y.C.R.R. Part 2606. Terms used in this notice have the following meanings:

(1) Eligible dry cleaning equipment means new (i.e., never before purchased or leased) perchloroethylene dry cleaning equipment that has been certified by the New York State Department of Environmental Conservation (DEC) pursuant to 6N.Y.C.R.R. Part 232, or, if DEC had not yet certified the equipment, the vendor or manufacturer has given written assurance that the equipment will comply with 6N.Y.C.R.R. Part 232. (Requests for state assistance for cleaning equipment utilizing alternative technologies will be considered on a case-by-case basis).

(2) Dry cleaning project means the acquisition (i.e., purchase or lease) and installation of eligible dry cleaning equipment for a single dry cleaning system at a dry cleaning facility in existence prior to May 15, 1997.

(3) Dry cleaning facility means a facility with one or more dry cleaning systems.

(4) Dry cleaning system means all equipment, devices, or apparatus associated with PERC dry cleaning operations, including, without limitation, dry cleaning equipment; filter or purification systems; waste holding, treatment, or disposal systems; PERC supply systems; dip tanks; pumps; gaskets; piping, ducting, fittings, valves, or flanges that convey PERC-contaminated air; and dry cleaning control systems.

(5) Fourth generation equipment means a primary closed-loop refrigerated dry cleaning machine that has a "secondary control system" (e.g., closed-loop refrigerated condenser with a drying sensor and an integral carbon adsorber).

(6) Mixed Use Facility means a dry cleaning facility sharing a common wall, floor or ceiling with a residence or business.

(7) PERC means a colorless volatile chlorinated hydrocarbon. PERC is also known as perchloroethylene, tetrachloroethylene, tetrachloroethene, and PCE. The chemical formula for PERC is C12C=CC12. The CAS registry number for PERC is 00127-18-4.

(8) Third generation equipment means a closed-loop dry cleaning machine equipped with a refrigerated condenser or other equivalent primary control system.

IV. DESCRIPTION OF ELIGIBLE PROJECTS

Under the FAB Dry Cleaner Program, the owner of a dry cleaning facility in existence prior to May 15, 1997 will be eligible for state assistance for the purchase or lease, and installation of new eligible dry cleaning equipment which (i) is new fourth generation equipment, or (ii) will upgrade third generation equipment to fourth generation equipment.

V. DETERMINATION OF USEFUL LIFE

Useful life means the number of years the eligible dry cleaning equipment is expected to remain in service. For the purpose of the FAB Dry Cleaner Program, the useful life of such eligible dry cleaning equipment has been deemed by EFC to be 7 (seven) years.

VI. AMOUNT OF FUNDING

EFC will make state assistance payments in the following amounts for the purchase or lease, and installation of the following eligible dry cleaning equipment:

(1) Five thousand dollars ($5,000) for the purchase or long-term lease, and installation of new fourth generation equipment with a capacity of 55 lbs or larger;

(2) Four thousand dollars ($4,000) for the purchase or long-term lease, and installation of new fourth generation equipment with a capacity of less than 55 lbs; and

(3) One thousand dollars ($1,000) for the purchase and installation of equipment, which will upgrade third generation equipment to fourth generation equipment.

(4) An additional five hundred dollars ($500) for an owner who undertakes (1), (2) or (3) above and is located in a mixed-use facility.

VII. APPLICATION SCHEDULE

EFC will accept requests for state assistance under the FAB Dry Cleaner Program through March 31, 2004.

VIII. FUNDING SCHEDULE

To the extent monies are available, EFC will provide state assistance for the purchase or lease, of eligible dry cleaning equipment not later than June 26, 2003, which is installed not later than 90 days after that date, in the categories listed in Section IV of this Notice, on a first-come, first-served basis as measured by the date on which the corporation determines it has received a complete application. The amount of funding for eligible dry cleaners within New York City will be capped at $2,000,000.

IX. ADDITIONAL REQUIREMENTS

(1) Project Limitations.
Owners of multiple dry cleaning projects may submit requests for state assistance for up to five dry cleaning projects.

(2) Program Duration.
Subject to the availability of funds and the other eligibility criteria set forth in this notice, the owner of a dry cleaning facility will be eligible for state assistance if the owner has purchased or leased eligible dry cleaning equipment after August 1, 1996, and before June 26, 2003, and installed not later than 90 days after June 26, 2003.

(3) Application Deadline
Requests for state assistance under the FAB Dry Cleaner Program will be accepted until March 31, 2004. The required "Request for State Assistance" form may be obtained by contacting EFC at the address specified under Section X of this notice, or by visiting EFC’s website at www.nysefc.org.

(4) Application Procedure
The procedures for administering the FAB Dry Cleaner Program, including the submission, review and approval of requests for state assistance, will be governed by 21N.Y.C.R.R. Part 2606.

(5)Compliance Reporting
As part of its request for state assistance, the owner of a dry cleaning facility using PERC equipment must submit to EFC a copy of the most recent Part 232 Dry Cleaning Compliance Inspection Report covering the dry cleaning facility.

(6) Proof of Eligible Dry Cleaning Equipment
If the eligible dry cleaning equipment has not yet been certified by DEC, the owner of the dry cleaning facility must submit to EFC a copy of the manufacturer's or vendor's written assurance that such equipment will comply with 6N.Y.C.R.R. Part 232. The manufacturer's or vendor's written assurance will be required for a request for state assistance to be complete.

(7) Proof of Insurance
As part of its request for state assistance, the owner of a dry cleaning facility who has purchased or leased a new fourth generation machine must submit a certificate evidencing that the Corporation is named as certificate holder and loss payee on the owner's property damage liability insurance policy.

(8) Proof of Installation
The new equipment must be installed immediately. The owner of a dry cleaning facility who has purchased or leased a new fourth generation machine must submit proof that the equipment was installed not later than 90 days after the June 26, 2003 DEC enforcement deadline.

X. INFORMATION AVAILABILITY

Any person seeking additional information or application material regarding this program should contact EFC at:

New York State Environmental Facilities Corporation
Financial Assistance to Business Program
Attention: Laurie A. Allen, Project Manager
625 Broadway
Albany, New York 12207-2997
Telephone (800) 200-2200
Fax (518) 486-9248

or on the New York State Environmental Facilities Corporation’s website: www.nysefc.org and clicking on the Financial Assistance to Business link.

Notice of Adoption

6 NYCRR Subpart 482-2, Operating Permit Program Fee Rule
NYS Department of Environmental Conservation

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 2003 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:

(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;
(8) Effective January 1, 2001, $ 45.00;
(9) Effective January 1, 2002, $ 45.00;
(10) Effective January 1, 2003, $ 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 2003 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:

(i) the State fiscal year 2003-04 appropriation for the operating permit program is $19,531,000;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is 288,000 tons;

(iii) As of March 31, 2003 the actual operating permit program account balance was $3,612,883. Of this balance, an estimated $2,026,000 will be required to liquidate obligations made pursuant to appropriations made for fiscal years prior to 2003-04. The $1,586,883 remainder of the balance will be applied towards funding the appropriation for SFY 2003-04.

(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 percent.

(3) Commencing January 1, 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:
($19,531,000 - $1,586,883) / (288,000 x .97) = $64.23

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 2003 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

Notice for the Tenth Annual NYS Governor's Award for Pollution Prevention

Applications are now available for the New York State Tenth Annual Governor's Award for Pollution Prevention. The awards program was established to recognize pollution prevention efforts by NYS organizations.

Applicants can compete in one of the following three categories:

1) facilities generating waste and pollution: this category is for industrial, commercial or institutional facilities; federal, state and local governments; and educational institutions that generate waste and pollution; small (100 or fewer employees), mid-size (more than 100 and fewer than 500 employees), large (more than 500 employees)

2) technical assistance providers: this category is for environmental, community and civic organizations; trade associations or other business/industry groups; federal, state and local governments, and educational institutions; and other public or private entities; and

3) organizations committed to continuous improvement: this category is for organizations that demonstrate a longer term commitment to pollution prevention and continue to develop and implement pollution prevention programs and achieve results.

Nominations for awards will be made to Governor Pataki by the Department of Environmental Conservation based on recommendations from a selection committee.

Criteria to be considered for the applicants include: waste volume/toxicity reduction, overall environmental benefits, environmental justice, overall economic benefits, improvement in worker safety, innovations in technology, process or education program, level of management commitment, and transferability.

IMPORTANT NOTICE: Presentation of the awards are scheduled to be presented at the NYS Recycling and Pollution Prevention Conference to be held in October, 2003 in Albany. The winners will be notified a week prior to the presentation of the awards. The deadline to apply for the awards is June 30, 2003. The application package is available through the DEC’s website: www.dec.state.ny.us/website/ppu/p2gov.html

Anyone interested in obtaining more information regarding the application and criteria for the awards should contact Mr. Carlos Montes at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone (518) 402-9476, Fax (518) 402-9168, email: clmontes@gw.dec.state.ny.us