Assembly Bill A4190

                            
                    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:

  Section 1. Paragraphs q and r of subdivision 3 of section  19-0311  of
the  environmental conservation law, as added by chapter 608 of the laws
of 1993, are amended and a new paragraph s and two  new  subdivisions  6
and 7 are added to read as follows:
  q.  provisions specifying the conditions under which the permit may be
reopened and revised prior to the expiration,  as  prescribed  by  regu-
lation,  and  providing  that reopenings shall not be initiated before a
notice of such intent is provided to the source  by  the  department  at
least  thirty  days  in  advance  of  the  date that the permit is to be
reopened, except that the department may provide a shorter  time  period
in the case of an emergency; [and]
  r.  other  conditions  necessary to assure compliance with the Act and
other applicable federal and state laws and implementing regulations[.];
AND
  S. PROVISIONS REQUIRING THE OWNER OR OPERATOR OF A  SOURCE  TO  NOTIFY
THE  DEPARTMENT AND PUBLIC WITHIN TWENTY-FOUR HOURS IN ANY INSTANCE WHEN
SUCH SOURCE EXCEEDS EMISSIONS LIMITATIONS OR STANDARDS FOR A  SECOND  OR
SUBSEQUENT TIME DURING A PERMIT TERM.
  6.  THE DEPARTMENT SHALL SOLICIT FROM THE DEPARTMENT OF HEALTH A STUDY
IDENTIFYING THE HEALTH IMPLICATIONS OF EMISSIONS THAT ARE THE SUBJECT OF
THE NOTIFICATION BY THE OWNER OR OPERATOR OF A SOURCE MADE  PURSUANT  TO
PARAGRAPH  S  OF  SUBDIVISION  THREE  OF THIS SECTION. THE DEPARTMENT OF
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

NOTIFICATION  BY  THE OWNER OR OPERATOR AND SHALL MAKE SUCH STUDY AVAIL-
ABLE TO THE PUBLIC.
  7.  UPON  APPLICATION BY A SOURCE FOR A PERMIT MODIFICATION OR RENEWAL
THAT INCLUDES EMISSIONS LIMITATIONS OR STANDARDS AT A HIGHER LEVEL  THAN
AUTHORIZED  UNDER THE ORIGINAL PERMIT, THE DEPARTMENT SHALL SOLICIT FROM
THE DEPARTMENT OF HEALTH A STUDY IDENTIFYING THE HEALTH IMPLICATIONS  OF
SUCH  HIGHER EMISSIONS AND SUCH HEALTH STUDY SHALL BE COMPLETED PRIOR TO
THE APPROVAL OF ANY SUCH PERMIT MODIFICATION OR RENEWAL AND MADE  AVAIL-
ABLE TO THE PUBLIC.
  S  2.  The  environmental  conservation law is amended by adding a new
section 71-2117 to read as follows:
S 71-2117. ENVIRONMENTAL BENEFIT PROJECTS.
  IN THE EVENT THE COMMISSIONER ENTERS INTO AN AGREEMENT OR  ADMINISTRA-
TIVE  ORDER WHICH PROVIDES FOR A PARTIAL SETTLEMENT OF CONDITIONS IN THE
FORM OF ANY ENVIRONMENTAL BENEFIT PROJECT IN  LIEU  OF  THE  PAYMENT  OF
CIVIL PENALTIES FOR ANY VIOLATION OF ARTICLE NINETEEN OF THIS CHAPTER OR
ANY  CODE,  RULE  OR  REGULATION WHICH WAS PROMULGATED PURSUANT THERETO,
SUCH PROJECT SHALL, TO THE EXTENT PRACTICABLE,  BE  LOCATED  WITHIN  THE
MUNICIPALITY  WHERE SUCH VIOLATION OCCURRED, WITHIN FIVE LINEAR MILES OF
THE SITE OF SUCH VIOLATION.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.