ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of Adoption

Pursuant to the Environmental Conservation Law, sections 1-0101, 3-0301 and 9-0105 the Department of Environmental Conservation hereby gives notice of the adoption of the following rule making:

Repeal of sections 190.30 and 190.32 and addition of new section 190.30 to Title 6 NYCRR - Otter Creek and Sand Bay State Forests

For further information contact:
Keith Rivers
NYS DEC
Route 812
Lowville, NY 13367


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 2004 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin and filing with the 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 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;

(11) Effective January 1, 2004, $ 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 2004 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 2004-05 appropriation for the operating permit program is $20,694,000;

   (ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is 281,000 tons;

   (iii) As of March 31, 2004 the actual operating permit program account balance was $3,379,906. Of this balance,$1,389,358 was required to liquidate obligations made pursuant to appropriations made for fiscal years prior to 2004-05. The $1,389,358 remainder of the balance will be applied towards funding the appropriation for SFY 2004-05.

   (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 99.77 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:
($20,694,000 - $1,389,358) / (281,000 x .9977) = $68.86

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 2004 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.


Draft Wild Turkey Management Plan Available for Public Review

The Department of Environmental Conservation has drafted a Wild Turkey Management Plan, and it is now available for public review. The entire plan may be viewed at www.dec.state.ny.us/website/dfwmr/wildlife/turkey/turkplan.htm or printed copies may be obtained by writing New York State Department of Environmental Conservation, Wild Turkey Management Plan, 625 Broadway, Albany, NY 12233-4754. Written comments will be accepted until October 15, 2004 and may be either sent to the address above, or via e-mail at fwwildlf@gw.dec.state.ny.us with "Turkey Plan" in the subject line.

For Further information contact:
Robert Sanford, Bureau of Wildlife
Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany NY 12233-4754
Telephone: (518) 402-8883
E-mail: rmsanfor@gw.dec.state.ny.us


Meeting Notice

Health Research Science Board Committee on Access to Pesticide Registry and Pesticide Application Information

The Health Research Science Board hereby gives notice that a meeting of the Health Research Science Board Committee on Access to Pesticide Registry and Pesticide Application Information will be held on Tuesday, October 5, 2004 from 10 AM to 12 PM in Conference Room 4 A/B of the New York State Department of Health‘s offices at Flanigan Square, 547 River Street, Troy, New York. The committee will consider an application for confidential pesticide registry and pesticide application information from Cornell University.

This meeting is open to the public. Members of the public wishing to attend are asked to call Karen Jackuback or Agnes Woitovich (518-402-7511).

There will be a videoconference link from the Mt. Sinai School of Medicine, East Building Room 3-82, 1425 Madison Avenue in New York City. There is limited seating at this site and a picture ID is required for access. To attend at the Mt. Sinai site, notice must be provided by Tuesday, September 28, 2004 to Karen Jackuback or Agnes Woitovich (518-402-7511). Members of the public who can‘t be accommodated at the Mt. Sinai video site will be referred to the Troy meeting site.

Contact: Karen Jackuback or Agnes Woitovich
New York State Department of Health
Flanigan Square
547 River Street
Troy, NY 12180-2216
Phone: (518) 402-7511


Notice of Proposed Rulemaking

New York State Department of Environmental Conservation
6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program
6 NYCRR Part 238, Acid Deposition Reduction SO2 Budget Trading Program
6 NYCRR Part 200, General Provisions

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311, the New York State Department of Environmental Conservation hereby gives notice of the following:

Proposed amendment of 6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program, 6 NYCRR Part 238, Acid Deposition Reduction SO2 Budget Trading Program, and amendments to 6 NYCRR Part 200, General Provisions to reduce emissions of NOx and SO2 from fossil fuel-fired electric generating sources statewide through market based cap-and-trade programs.

These amendments, necessary for the preservation of the health and general welfare, were proposed and filed with the Department of State on the 17th day of August, 2004. The Notice of Proposed Rulemaking was published in the September 1, 2004 issue of the State Register.

For further information, contact:
Michael P. Sheehan, P.E.
NYSDEC Division of Air Resources
625 Broadway
Albany NY 12233-3251
518 402-8396
E-mail mpsheeha@gw.dec.state.ny.us