Bill Text: NY A04190 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, in relation to including certain conditions in operating permits issued to sources subject to the federal Clean Air Act
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2010-02-24 - REFERRED TO ENVIRONMENTAL CONSERVATION [A04190 Detail]
Download: New_York-2009-A04190-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4190
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. RAMOS -- Multi-Sponsored by -- M. of A. COLTON,
DIAZ, GIANARIS, GUNTHER, PHEFFER, P. RIVERA -- read once and referred
to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
including certain conditions in operating permits issued to sources
subject to the federal Clean Air Act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs q and r of subdivision 3 of section 19-0311 of
2 the environmental conservation law, as added by chapter 608 of the laws
3 of 1993, are amended and a new paragraph s and two new subdivisions 6
4 and 7 are added to read as follows:
5 q. provisions specifying the conditions under which the permit may be
6 reopened and revised prior to the expiration, as prescribed by regu-
7 lation, and providing that reopenings shall not be initiated before a
8 notice of such intent is provided to the source by the department at
9 least thirty days in advance of the date that the permit is to be
10 reopened, except that the department may provide a shorter time period
11 in the case of an emergency; [and]
12 r. other conditions necessary to assure compliance with the Act and
13 other applicable federal and state laws and implementing regulations[.];
14 AND
15 S. PROVISIONS REQUIRING THE OWNER OR OPERATOR OF A SOURCE TO NOTIFY
16 THE DEPARTMENT AND PUBLIC WITHIN TWENTY-FOUR HOURS IN ANY INSTANCE WHEN
17 SUCH SOURCE EXCEEDS EMISSIONS LIMITATIONS OR STANDARDS FOR A SECOND OR
18 SUBSEQUENT TIME DURING A PERMIT TERM.
19 6. THE DEPARTMENT SHALL SOLICIT FROM THE DEPARTMENT OF HEALTH A STUDY
20 IDENTIFYING THE HEALTH IMPLICATIONS OF EMISSIONS THAT ARE THE SUBJECT OF
21 THE NOTIFICATION BY THE OWNER OR OPERATOR OF A SOURCE MADE PURSUANT TO
22 PARAGRAPH S OF SUBDIVISION THREE OF THIS SECTION. THE DEPARTMENT OF
23 HEALTH SHALL COMPLETE SUCH HEALTH STUDY WITHIN NINETY DAYS OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07612-01-9
A. 4190 2
1 NOTIFICATION BY THE OWNER OR OPERATOR AND SHALL MAKE SUCH STUDY AVAIL-
2 ABLE TO THE PUBLIC.
3 7. UPON APPLICATION BY A SOURCE FOR A PERMIT MODIFICATION OR RENEWAL
4 THAT INCLUDES EMISSIONS LIMITATIONS OR STANDARDS AT A HIGHER LEVEL THAN
5 AUTHORIZED UNDER THE ORIGINAL PERMIT, THE DEPARTMENT SHALL SOLICIT FROM
6 THE DEPARTMENT OF HEALTH A STUDY IDENTIFYING THE HEALTH IMPLICATIONS OF
7 SUCH HIGHER EMISSIONS AND SUCH HEALTH STUDY SHALL BE COMPLETED PRIOR TO
8 THE APPROVAL OF ANY SUCH PERMIT MODIFICATION OR RENEWAL AND MADE AVAIL-
9 ABLE TO THE PUBLIC.
10 S 2. The environmental conservation law is amended by adding a new
11 section 71-2117 to read as follows:
12 S 71-2117. ENVIRONMENTAL BENEFIT PROJECTS.
13 IN THE EVENT THE COMMISSIONER ENTERS INTO AN AGREEMENT OR ADMINISTRA-
14 TIVE ORDER WHICH PROVIDES FOR A PARTIAL SETTLEMENT OF CONDITIONS IN THE
15 FORM OF ANY ENVIRONMENTAL BENEFIT PROJECT IN LIEU OF THE PAYMENT OF
16 CIVIL PENALTIES FOR ANY VIOLATION OF ARTICLE NINETEEN OF THIS CHAPTER OR
17 ANY CODE, RULE OR REGULATION WHICH WAS PROMULGATED PURSUANT THERETO,
18 SUCH PROJECT SHALL, TO THE EXTENT PRACTICABLE, BE LOCATED WITHIN THE
19 MUNICIPALITY WHERE SUCH VIOLATION OCCURRED, WITHIN FIVE LINEAR MILES OF
20 THE SITE OF SUCH VIOLATION.
21 S 3. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.
