Bill Text: NY S08043 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the operating permit program from sources subject to the federal Clean Air Act and power plant emissions and performance standards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-22 - REFERRED TO ENVIRONMENTAL CONSERVATION [S08043 Detail]

Download: New_York-2017-S08043-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8043
                    IN SENATE
                                     March 22, 2018
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          operating permit program from sources subject to the federal Clean Air
          Act and power plant emissions and performance standards
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs f and g 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 to read as follows:
     4    f. provisions for alternative operating scenarios where a source iden-
     5  tifies such scenarios in its permit application for department approval,
     6  and where such scenarios  are  approved  by  the  department;  provided,
     7  however, such scenarios shall not authorize the start up of the facility
     8  with any fuel other than the primary fuel;
     9    g.  provisions  for  emergencies  beyond  the  control  of the source;
    10  notwithstanding section 71-2109 of this chapter,  an  "emergency"  shall
    11  mean  any  situation  arising  from  sudden and reasonably unforeseeable
    12  events beyond the control of the source, which situation requires  imme-
    13  diate corrective action to restore normal operation and which causes the
    14  source  to  exceed  a  technology-based  emission  limitation  under the
    15  permit, due to unavoidable increases in emissions  attributable  to  the
    16  emergency.  An  emergency  shall not include noncompliance to the extent
    17  caused by improperly designed equipment, lack  of  preventative  mainte-
    18  nance,  careless  or  improper  operation,  or operator error, or delays
    19  caused by permitting or construction;
    20    § 2. Section 19-0312 of the environmental conservation law is  amended
    21  by adding a new subdivision 4 to read as follows:
    22    4.  No electric generating facility shall utilize their secondary fuel
    23  source or emergency stationary internal combustion engine except  during
    24  emergencies or as set forth in 40 CFR 60.4211.
    25    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13972-03-8
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