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ENB Statewide Notices 6/30/2021

Public Notice

Notice of Adoption 6 NYCRR Subpart 482-2, "Operating Permit Program Fee Rule"

Pursuant to the provisions of Environmental Conservation Law, Section 72-0303(1), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Pursuant to the provisions of Section 22 of the New York State Clean Air Compliance Act (ECL §72-0303), the 2021 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin and filing with the New York State 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. This fee structure is set by statute and was last amended by the New York State Legislature in 2015.

6 NYCRR 482-2, "Operating Permit Program Fee" (Statutory Authority: Environmental Conservation Law, Sections 3-0301, 19-0311, 72-0303)

Sections 482-2.1 through 482-2.3 remain unchanged.
Section 482-2.4 is amended to read as follows:

482-2.4 Annual fee and fee calculation.
(a) Fee. Commencing January 1, 2021, all sources subject to fees under this Subpart must submit an annual fee to the department. This fee consists of an annual base fee of $2,500.00 in addition to the per ton fee applied to the facility's total annual emissions as described in this Subpart 2.2. The fee per ton is assessed on emissions up to 7,000 tons annually of each regulated air contaminant. As of January 1, 2021, the fee per ton for 2021 is as follows:

(i) a fee of $60.00 per ton for facilities having total annual emissions less than 1,000 tons,
(ii) a fee of $70.00 per ton for facilities having total annual emissions of 1,000 tons or more but less than 2,000 tons,
(iii) a fee of $80.00 per ton for facilities having total annual emissions of 2,000 tons or more but less than 5,000 tons, and
(iv) a fee of $90.00 per ton for facilities having total annual emissions of 5,000 tons or more.

(b) Fee calculation.

1. The department pursuant to Section 72-0303 of the Environmental Conservation Law is required to calculate a fee 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 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 97-oo of the State Finance Law, any loan repayment from the mobile source account of the same clean air fund 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 2021-22 appropriation for the operating permit program is $9,996,000;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program are 48,459 tons;

(iii) as of March 31, 2021 the actual operating permit program account balance was negative $34,391,500. An additional estimated $88,776 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2021-22. The estimated deficit of $34,480,276 will be applied towards the appropriation for State fiscal year 2021-22.

(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 93.18 percent.

3. The calculation is as follows:
($9,996,000 - negative $34,480,276) ÷ (48,459 x .9318) = $984.99

4. However, as established in paragraph (a) of this Section, the fee assessed for 2021 consists of an annual base fee of $2,500.00 in addition to the per ton fee as follows:
$60.00 per ton for facilities having total annual emissions less than 1,000 tons,
$70.00 per ton for facilities having total annual emissions of 1,000 tons or more but less than 2,000 tons,
$80.00 per ton for facilities having total annual emissions of 2,000 tons or more but less than 5,000 tons, and
$90.00 per ton for facilities having total annual emissions of 5,000 tons or more.

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 U. S. C. Section 1 et seq.) from the date the fee was required to be paid.

For further information contact: Stephanie Dupree, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3258, Phone: (518) 402-8401, E-mail: air.regs@dec.ny.gov



Notice of Proposed Rulemaking - 6 NYCRR Part 368 Product Stewardship and Product Labeling

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Proposed Rulemaking with the New York State Department of State to repeal and replace Part 368. The proposed rule repeals and replaces the existing regulations for Recycling Emblems, develops new regulations for mercury-added consumer product labeling and develops new regulations for the existing Electronic Equipment Recycling and Reuse Act (EERRA).

The Notice of Proposed Rulemaking is available in the June 30, 2021 issue of the State Register. Written public comments will be accepted by the NYS DEC through September 15, 2021.

Availability of Documents for Review:

Information concerning the review process, the proposed rulemaking, and supporting rulemaking documents can be accessed from NYS DEC's rulemaking web site at: https://www.dec.ny.gov/regulations/propregulations.html#public.

These documents may also be inspected at NYS DEC, 625 Broadway, Albany, NY 12233. Please call Rebecca Vaughan for an appointment at (518) 402-8678 or email at rebecca.vaughan@dec.ny.gov.

Written Comments:

The public is invited to submit written comments on the proposed rulemaking through September 15, 2021. Written comments can be submitted as follows:

1) By email to Part368Regs@dec.ny.gov Please include "Comments on Proposed Part 368" in the subject line of the email; or
2) By mail to the NYS DEC - Product Stewardship and Waste Reduction Section, Division of Materials Management, 625 Broadway, Albany, NY 12233-7253.

Public Comment Hearing:

Two public comment hearings for the proposed rule will be held before an Administrative Law Judge (ALJ) electronically via the Webex Events platform as follows. The electronic format is reasonably accessible to persons with impaired mobility:

Date: Wednesday, September 8, 2021
Time: 10:00 a.m.
Location: electronically via Webex Events

Date: Wednesday, September 8, 2021
Time: 2:00 p.m.
Location: electronically via Webex Events

Instructions on how to "join" the hearings, how to provide an oral statement, and how to register for the hearing may be accessed at the proposed regulations webpage for Part 368 at: https://www.dec.ny.gov/regulations/123241.html.

Persons who wish to receive the instructions by mail or telephone may call NYS DEC at (518) 402-9003. Please provide your first and last name, address, and telephone number and reference the Part 368 public comment hearing.

NYS DEC will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge upon written request submitted no later than Wednesday, August 18, 2021. The written request must be addressed to ALJ Olivieri, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Olivieri at ohms@dec.ny.gov.

Contact: Rebecca Vaughan, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233, E-mail: rebecca.vaughan@dec.ny.gov


Data Solicitation for 2020/2022 Integrated Report

New York State Department of Environmental Conservation (NYS DEC) is seeking water quality data and information from the public or entities for any New York State waterbody.

Water quality data and information received may be used to update waterbody assessments in the state's 305(b) Water Quality Report at: https://www.dec.ny.gov/chemical/66532.html or the Clean Water Act Section 303(d) List of Impaired Waters at: https://www.dec.ny.gov/chemical/31290.html. Waterbody assessments are conducted following the methodology described in the Consolidated Assessment Listing Methodology (CALM): https://www.dec.ny.gov/docs/water_pdf/calmmay2021.pdf. (1.06 MB)

Combined Integrated Reporting

The 305(b) and 303(d) reports are submitted to the United States Environmental Protection Agency (US EPA) every two years as an Integrated Report. For the reporting periods of 2020 and 2022, NYS DEC will follow US EPA's recommendation to combine the 2020 and 2022 Integrated Report.

Data Requirements:

To be used for assessments, data must be:

• Accompanied by a Quality Assurance Project Plan (QAPP) and a Data Usability Analysis Report (DUAR).
• Demonstrate that Data Quality Indicators (DQI's) have been met: precision, accuracy, bias, representativeness, completeness, comparability, and sensitivity.
• Analyzed by a New York States Department of Health (NYS DOH) Environmental Laboratory Approval Program (ELAP) list available at: https://www.wadsworth.org/regulatory/elap accredited Lab, and 40 CFR Part 136 analysis methods are used where applicable.
• Reflective of parameters with a water quality standard or a Supplemental Indicator identified in Tables 7-11 of the CALM

How to Submit Data:

E-mail all applicable data, the QAPP or DUAR, and any other relevant information to: 4pwlinfo@dec.ny.gov

If necessary, a hard copy may be mailed to the contact listed below.

When to Submit Data:

To be considered for the 2020/2022 Integrated Report, data and information must be received by September 27, 2021.

Background:

The process of comparing water quality data with water quality standards and determining if best uses (e.g., fishing or swimming) are supported is known as "assessment."

The water quality data that NYS DEC may consider for assessments can come from a variety of sources, including NYS DEC monitoring programs, other state agencies, federal agencies and non-governmental partners such as watershed organizations, lake associations and academic researchers.

Every two years, states are required by Section 303(d) of the federal Clean Water Act (CWA) to compile a list of waters assessed as "impaired", meaning they do not meet water quality standards, and cannot support their best uses. Total Maximum Daily Load (TMDL) plans, available at: https://www.dec.ny.gov/chemical/23835.html, must be developed for these waterbodies to reduce pollutants and help them meet water quality standards, which are available at: https://www.dec.ny.gov/chemical/23853.html.

More information on data requirements and NYS DEC's process for conducting assessments is described in the CALM.

For questions please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@dec.ny.gov


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