BILL NUMBER: S6833A
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
permit modifications, suspensions, revocations, renewals, reissuances
and recertifications under the air quality control program
 
PURPOSE OR GENERAL IDEA OF BILL:
Relates to permit modifications, suspensions, revocations, and renewals.
 
SUMMARY OF PROVISIONS:
Section 1 amends the Environmental Conservation Law section 70-0115 by
adding new subdivisions 3 and 4.
- Subdivision 3 applies to any state air quality control program pursu-
ant to title three or five of article nineteen of this chapter relating
to air pollution and air contamination and any related enforcement
activities. Any permit which does not expire pursuant to its terms and
that has been in effect for more than five years shall expire two years
after the effective date of this subdivision, if the department does not
make a final determination within that time period, the permit holder
shall, within ninety days of such date, pay an amount equal to the annu-
al fees owed by such permit holder pursuant to section 72-0303 of this
chapter to the air quality improvement fund.
- Subdivision 4 requires the department to create a dedicated web page
of the list of the permits subject to paragraphs (b) and (c) of subdivi-
sion three.
Section 2 states the effective date.
 
JUSTIFICATION:
Air quality has direct impacts on human health, ecosystem quality, and
climate change. Although the majority of today's air quality policies
are focused on the climate crisis, the birth of the modern environmental
movement and establishment of the Clean Air Act focused on mitigating
far less amorphous issues: curbing the pollution from tailpipes and
smokestacks making Americans sick and obscuring our skies with black
clouds. There are three broad categories of facilities that are required
to be either permitted or registered with the Department (in descending
order of intensity): Title V Facilities (Title Vs), Air State Facilities
(ASFs), and Air Facility Registrations (AFRs).
This legislation comes in response to identified weaknesses and proposed
solutions from the Comptroller's audit of the state's air contamination
and pollution program. Under the State Administrative Procedure Act
(SAPA) an operating permit for a Title V or ASF facility does not expire
if application for renewal occurs at least 180 days before the expira-
tion date. In these scenarios, the permit remains valid with no limit on
how long, unless revoked. The longer the permits remain extended, the
greater the risk that facilities are not operating under requirements
that align with the most up-to-date air pollution control standards.
This legislation addresses this loophole, and will give New Yorkers,
present and future, cleaner air to breathe and a cooler climate to live
in.
*NYS Comptroller, Monitoring Air Quality (Facility Permits and Registra-
tions) Monitoring of Air Quality (Facility Permits and Registrations)|
Office of the New York State Comptroller (ny.gov)
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6833: 70-0115 environmental conservation law
S6833A: 70-0115 environmental conservation law