S T A T E O F N E W Y O R K
________________________________________________________________________
6248
2019-2020 Regular Sessions
I N A S S E M B L Y
March 4, 2019
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee 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:
Section 1. Paragraphs f and g of subdivision 3 of section 19-0311 of
the environmental conservation law, as added by chapter 608 of the laws
of 1993, are amended to read as follows:
f. provisions for alternative operating scenarios where a source iden-
tifies such scenarios in its permit application for department approval,
and where such scenarios are approved by the department; PROVIDED,
HOWEVER, SUCH SCENARIOS SHALL NOT AUTHORIZE THE START UP OF THE FACILITY
WITH ANY FUEL OTHER THAN THE PRIMARY FUEL;
g. provisions for emergencies beyond the control of the source;
notwithstanding section 71-2109 of this chapter, an "emergency" shall
mean any situation arising from sudden and reasonably unforeseeable
events beyond the control of the source, which situation requires imme-
diate corrective action to restore normal operation and which causes the
source to exceed a technology-based emission limitation under the
permit, due to unavoidable increases in emissions attributable to the
emergency. An emergency shall not include noncompliance to the extent
caused by improperly designed equipment, lack of preventative mainte-
nance, careless or improper operation, or operator error, OR DELAYS
CAUSED BY PERMITTING OR CONSTRUCTION;
§ 2. Section 19-0312 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
4. NO ELECTRIC GENERATING FACILITY SHALL UTILIZE THEIR SECONDARY FUEL
SOURCE OR EMERGENCY STATIONARY INTERNAL COMBUSTION ENGINE EXCEPT DURING
EMERGENCIES OR AS SET FORTH IN 40 CFR 60.4211.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07328-01-9