New York S 4038: 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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S04038 Summary:

BILL NOS04038 

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SAME ASNo Same As

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SPONSORSKOUFIS

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COSPNSR

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MLTSPNSR

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Amd §§19-0311 & 19-0312, En Con L

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Relates to the operating permit program from sources subject to the federal Clean Air Act and power plant emissions and performance standards.

Go to top S04038 Actions:

BILL NOS04038 

&nbsp

01/31/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS04038 Committee&nbspVotes:

Go to topS04038 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04038 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4038

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sen. SKOUFIS -- 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:

 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.
 LBD07898-01-5

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