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