Rural Area Flexibility Analysis 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.
Types and Estimated Number of Rural Areas Affected
Part 621 applies to the owner or operator of any entity submitting a permit application to the Department. Affected entities range in scale from small industries with a handful of emission sources, to large scale industries with hundreds of emission sources. Affected entities are located in communities throughout the state, including many rural areas. The owner or operator of such an entity is already required to comply with the uniform procedures described in the existing Part 621. This proposal seeks simply to make the language in Part 621 consistent with the language in the Department's concurrently proposed revisions to Part 201. Accordingly, no adverse impacts on rural areas are anticipated due to this rulemaking.
The owner or operator of an entity submitting a permit application to the Department is already required to comply with Parts 201 and 621. There are no changes to these requirements as a result of this proposal.
There are no cost increases associated with this proposed change.
Minimizing Adverse Impact
The Department does not anticipate any adverse impacts to rural areas as a result of this proposal.
Rural Area 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 proposed changes to Part 201. A fact sheet detailing draft changes being considered for Part 201 was also distributed to potentially affected parties via the New York State Business Council. Any feedback received was carefully considered by the Department as part of the Part 201 rulemaking process. This proposal seeks only to make the wording in Part 621 consistent with the proposed Part 201. In addition, interested parties will have the opportunity to review and comment on the Department's proposal as part of the formal rulemaking process.