Bill Text: NY S01818 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 1818 (Prior Session Legislation)

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 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01818 Detail]

Download: New_York-2021-S01818-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          1818

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by  Sens. SKOUFIS, BIAGGI -- 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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05630-01-1

        S. 1818                             2

     1    4. No electric generating facility shall utilize their secondary  fuel
     2  source  or emergency stationary internal combustion engine except during
     3  emergencies or as set forth in 40 CFR 60.4211.
     4    § 3. This act shall take effect immediately.