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A08902 Summary:

BILL NOA08902A
 
SAME ASSAME AS S08043
 
SPONSORSkoufis
 
COSPNSRD'Urso, Jaffee, Williams, Errigo
 
MLTSPNSRBuchwald, Cook
 
Amd 19-0311 & 19-0312, En Con L
 
Relates to the operating permit program from sources subject to the federal Clean Air Act and power plant emissions and performance standards.
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A08902 Actions:

BILL NOA08902A
 
01/05/2018referred to environmental conservation
03/16/2018amend (t) and recommit to environmental conservation
03/16/2018print number 8902a
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A08902 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8902A            REVISED MEMO 03/20/2018
 
SPONSOR: Skoufis
  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 stand- ards   PURPOSE OR GENERAL IDEA OF BILL: 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.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   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.   PRIOR LEGISLATIVE HISTORY:   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:   EFFECTIVE DATE: This act shall take effect immediately.
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A08902 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8902--A
 
                   IN ASSEMBLY
 
                                     January 5, 2018
                                       ___________
 
        Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
          tee  on  Environmental  Conservation  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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.
                                                                   LBD13972-02-8
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