ENV-42-10-00006-P Variances to Effluent Limitations

10/20/10 N.Y. St. Reg. ENV-42-10-00006-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 42

October 20, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ENV-42-10-00006-P

Variances to Effluent Limitations

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 702.17 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 3-0301, 15-0313, 17-0301, 17-0303, and 17-0809

Subject:

Variances to effluent limitations.

Purpose:

To correct an inaccurate reference in Section 702.17.

Text of proposed rule:

6 NYCRR Section 702.17 is amended follows:

Paragraph 4 of subdivision (a) of Section 702.17 is amended to read as follows:

(a) The department may grant, to an applicant for a SPDES permit or to a SPDES permittee, a variance to a water quality-based effluent limitation or groundwater effluent limitation included in a SPDES permit.

* * * * * *

(4) A variance shall not be granted if standards or guidance values will be attained by implementing effluent limits required under section [754.1(a)(1) and (2)] 750-1.11(a) of this Title and by the permittee implementing cost-effective and reasonable best management practices for nonpoint source control.

Paragraph 6 of subdivision (b) of Section 702.17 is amended to read as follows:

(b) A variance may be granted if the requester demonstrates that achieving the effluent limitation is not feasible because:

* * * * * *

(6) controls more stringent than those required by section [754.1(a)(1) and (2)] 750-1.11(a) of this Title would result in substantial and widespread economic and social impact.

Section 702.17 remains otherwise unchanged.

Text of proposed rule and any required statements and analyses may be obtained from:

Robert Simson, New York State Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-3500, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

The Department of Environmental Conservation (DEC) is proposing revisions to 6 NYCRR Part 702, "Derivation and Use Standards and Guidance Values." The revisions will correct a long-standing technical error in Section 702.17, "Variances to effluent limitations based on standards and guidance values."

In 2003, DEC repealed Part 754, "Provisions of SPDES Permits." However, due to an oversight, two references to Part 754 in Section 702.17 were left in place. Rulemaking is necessary to remove the references to Part 754 and replace them with the appropriate citation.

The proposed revisions to section 702.17 will correct this problem. DEC has determined that no person is likely to object to the adoption of the rule as written.

Job Impact Statement

The Department of Environmental Conservation (DEC) is proposing revisions to 6 NYCRR Part 702, "Derivation and Use Standards and Guidance Values." The revisions will correct a long-standing technical error in Section 702.17, "Variances to effluent limitations based on standards and guidance values."

In 2003, DEC repealed Part 754, "Provisions of SPDES Permits." However, due to an oversight, two references to Part 754 in Section 702.17 were left in place. Rulemaking is necessary to remove the references to Part 754 and replace them with the appropriate citation.

The proposed revisions to section 702.17 will correct this problem. The changes will not affect the substance of the regulatory requirements. DEC has therefore determined that this rulemaking will not have an impact on jobs and employment opportunities. Accordingly, a job impact statement is not required for this rulemaking.