S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1818
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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:

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

              

 S. 1818                             2
 
   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.