NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8198
SPONSOR: Gunther TITLE OF BILL:
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
PURPOSE:
Gas and Electricity corporations shall not authorize the start-up of a
facility with any fuel other than the primary fuel.
SUMMARY OF PROVISIONS:
Section 1: Paragraph f of subdivision 3 of section 190311 of the envi-
ronmental conservation law permitting process, as added by chapter 608
of the laws of 1993, to not authorize the startup of the a facility with
any fuel other than the primary fuel.
Section 2: Section 19-0312 of the environmental conservation law by
adding a new subdivision 4 to clarify secondary fuel source may not be
used except during emergencies or as set forth in 40 CFR 60.4211.
Section 3: Sets effective date.
JUSTIFICATION:
Currently, electricity generating facilities must submit permit applica-
tions that identify the primary fuel source of the facility, as well as
any alternative operating scenarios that may arise. These alternative
operations occur in the rare instances when the primary power source of
a facility does not meet sufficient energy needs. A generating facility
should not start up operations using an alternative fuel source that is
only meant as a back-up supply. This is especially important because
often the alternative fuel source is less environmentally-friendly than
the primary fuel source.
LEGISLATIVE HISTORY:
Assembly
2018 - A8902A, Amend and Recommit to Environmental Conservation
2020 - A6248, Referred to Environmental Conservation
2021-2022- A6499, Referred to Environmental Conservation
Senate
2018 - S9043, Referred to Environmental Conservation
2020 - S1723, Referred to Environmental Conservation
2021-2022- S1818, Referred to Environmental Conservation
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8198
2023-2024 Regular Sessions
IN ASSEMBLY
October 27, 2023
___________
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:
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.
LBD05791-01-3
