Regulatory Flexibility Analysis for Small Businesses and Local Governments 6 NYCRR Part 621
The New York State Department of Environmental Conservation (Department) is proposing to amend its Uniform Procedures found in Title 6 of Official Compilation of Codes, Rules and Regulation of the State of New York (6 NYCRR) Part 621. In a concurrent rulemaking, the Department is proposing to amend Part 201 in order to, in part, limit the term of new and modified state facility permits to no more than 10 years. Under the existing Part 201, state facility permits are issued for an indefinite permit term. The term of certain air permits issued by the Department is also mentioned within Part 621. This proposal will amend Part 621 to make it consistent with the proposed revisions to Part 201.
Effects on Small Business and Local Governments
The revision to Part 621 is not expected to directly affect small businesses and local governments. Small businesses and local governments are currently required to comply with the requirements of both Parts 201 and 621 when submitting permit applications to the Department. There will be no change to this requirement as a result of this proposal.
Small businesses and local governments that own or operate a non-exempt stationary emission source are currently required to complete and file an appropriate permit application, consistent with the provisions of Parts 201 and 621, for the construction and operation of that facility. This requirement will not change as a result of these proposed revisions.
Small businesses and local governments are able to comply with the requirements of Part 621 without contracting with any professional services. In some cases however, small businesses and local governments may choose to hire a private consulting firm to assist them with meeting their obligations under Part 621. The decision to employ a consulting firm is voluntary, and any associated costs are incurred at the discretion of the affected facility.
There are no cost increases associated with this proposed change.
Minimizing Adverse Impacts
The proposed revision to Part 621 is not expected to have an adverse impact on small businesses and local governments. New and existing facilities are already required to comply with Parts 201 and 621, and the scope of those regulations will not change as a result of the proposed revision.
In order to assist small businesses with environmental compliance, the Department provides free and confidential support through the Small Business Environmental Assistance Program (SBEAP), administered by the New York State Environmental Facilities Corporation. Interested facility owners and operators can contact SBEAP staff for free and confidential assistance filing permit and registration applications, as well as for advice and strategies for maintaining compliance with environmental regulations. This program provides small businesses with a cost saving option while ensuring that they are in compliance with the requirements of Part 201.
Small Business and Local Government Participation
Prior to this proposal, the Department solicited the input of potentially affected parties through a series of stakeholder meetings and outreach activities held as part of the rulemaking process for the concurrently proposed changes to Part 201. A fact sheet detailing draft changes being considered for Part 201 was distributed to potentially affected parties via the Business Council, and all feedback received was carefully considered. This proposal seeks only to make the language in these provisions consistent. In addition, interested parties will have the opportunity to review and comment on the Department's proposal as part of the formal rulemaking process.
Economic and Technological Feasibility
Part 621 does not contain any technological requirements for affected facilities. In addition, the Department does not expect any change in the economic feasibility of Part 621 as a result of these revisions.
The proposed revisions to Part 621 do not require the imposition of a cure period because there are no changes to any existing violations or penalties, and no new violations or penalties are established.