The Court justified its consideration of legislative history stating that while 7(2) does not expressly authorize the DEC to deny a permit, it also does not expressly preclude the same, or otherwise limit the DECs authority thereunder until the promulgation of the rules. Building and Housing Standards: Most local governments and many jurisdictions have rules and regulations specifying minimum construction, design, and maintenance standards for buildings, including regulations on habitability, health, and safety. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 1, 2015, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. RESOURCE REPORT 9 Air and Noise Quality. The Department bases annual air quality fees on the tons of air emissions generated by a facility. The letter cites April 2019 emails between DEC staff and the parent company of Norlite, Tradebe, wherein DEC staff states it would be great to show that incineration is a viable option for PFAS chemicals. Below are links to district information maintained on CARB's website, as well as a link to local district rules approved by EPA into the California State Implementation Plan (SIP) and the Federally Approved Title V Program. DECs own sampling, data reviews and visual analysis demonstrate that Norlite operates well within the limits that environmental regulators have set for emissions. Emission testing. A facility that has idled but chooses to maintain its permit is still subject to fees. All parts of a statute must be given effect, and a construction which renders any part meaningless should be avoided. New York (N.Y.). Click here to sign up for alerts, blog posts, and firm news. On December 14, 2022, NYSDEC also issued as final an updated version of its policy related to the incorporation of climate change considerations in agency activities, known as the Commissioner Policy on Climate Change (CP-49), to reflect requirements under the CLCPA. On this point, the Court further notes that Danskammers interpretation that the plain language of CLCPA 7 (2) does not authorize DEC to deny permits (which the Court agrees with) would render the Legislatures express mandate to reduce GHG emissions, despite its immediacy and urgency, completely toothless for years to come . Notwithstanding the Courts characterization of the immediacy and urgency it reads into the statue, the CLCPA provides DEC four years to promulgate the enforcement regulations, after public workshops and consultation with the NYS Climate Council, various advisory groups, representatives of regulated entities and other stakeholders, and after no less than two public hearings (CLCPA 2; ECL 75-0109 (1)). This cookie is set by GDPR Cookie Consent plugin. Already under intense scrutiny from environmental advocates and local elected officials, the Norlite plant in Cohoes is facing new clean air violations from the New York State Department of Environmental Conservation. Astoria NRG failed to demonstrate the need or justification for the proposed project notwithstanding this inconsistency.The decision earned praise from Gov. Nevertheless, despite acknowledging that statutes must be construed in accordance with its ordinary and natural meaning without resort to artificial or forced construction and only [w]here the language is ambiguous, a court may examine the statutes legislative history, the Court, still went on to examine the legislative history of the CLCPA without finding that the language of 7(2) was ambiguous. And as soon as they found out they directed Norlite to stop. NYS Department of Environmental Conservation, et al., found that "the Department of Environmental Conservation has authority under 7 (2) of the [CLCPA] to deny a permit application, if warranted, based upon application of the same." A rebuilt NRG plant would have kept a fossil fuel-dependent power plant in Astoria for years to come, directly undermining the urgently needed goals laid out in New Yorks groundbreaking climate law.. What regulations apply to my city? - Airbnb Help Center 625 Broadway 6 NYCRR Subpart 201-9, Table 1: Persistent, Bioaccumulative and Toxic Compounds. I understand the decision, but I dont think it was sufficiently justified. The full 18-page decision, filed by Daniel Whitehead, who oversees environmental permits for the DEC, noted that the project did not comply with a section in the Climate Act stipulating that permits shall not disproportionately burden disadvantaged communities., Astoria, an environmental justice community, already suffers health effects potentially linked to pollution sources, including power plants, highways, and waste transfer facilities. Furthermore, DECs mercury emissions standards with which Norlite complies are significantly more stringent that those required by EPA, as Ms Enck surely knows having been an employee of EPA for seven years. Until DEC promulgates the GHG emission standards and enforcement regulations, applicants for such permits and permit renewals no longer have quantifiable metrics to determine whether its activities would be consistent with GHG limitations. EPA's Region 2serves New Jersey, New York, Puerto Rico, the U.S. Virgin Islands and 8 Tribal Nations. 30 60mi Search Tools DEC Information Layers Environmental Quality Outdoor Activity Permits and Registrations Check / Uncheck all Layer Information Municipal Separate Storm Sewer System (MS4) Automatically Designated MS4 Additionally Designated Area (Criterion 3) Hazardous Waste Treatment, Storage & Disposal Facilities Air Facility Registrations Please click here to see any active alerts. For generators requiring a NYCDEP registration (between 40kW and 450kW) proof that the generator(s) passed either the stack test or opacity test must be submitted to NYCDEP upon request, meanwhile for generators requiring a NYCDEP Permit/Certificate of Operation (above 450kW) documentation proving that the generator(s) passed either the stack test or opacity test must be submitted to NYCDEP together with the original inspection request to obtain a Certificate of Operation. HELP VIDEO HELP SUPPORTED BROWSERS CATALOG NAVIGATION. Current Page Annual Air Quality Fees The Department bases annual air quality fees on the tons of air emissions generated by a facility. Thus, state and local air agencies may have either more rules than what is submitted for SIP approval. Our destruction of the material was performed in accordance with the strict emission limits in our permits. Building, Mechanical, Electrical, Plumbing, Room Clean Air Act permitting in New York (minor New Source Review (NSR), non-attainment NSR,PSD, and Part 70 Operating permits)is theresponsibility of the New York Division of Air Resources of the New York Department of Conservation and EPA Region 2. Menu. CP16-__-000. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Wireless Number. Rent and save from the world's largest eBookstore. NYSDEC Releases Final CLCPA Interpretation for Air Permits New York Air Quality Implementation Plans, General Provisions, Acceptable ambient air quality, General Provisions, Maintenance of equipment. Recycling. While CLCPA 7(2) applies to all state agencies, the law tasks DEC with promulgating regulations that limit GHG emissions under CLCPA. Air Pollution Control Permit Program: Application Procedures Prior results do not guarantee a similar outcome. 2023 Harris Beach PLLC, In considering and issuing permits, licenses, and other administrative approvals and decisions, including but not limited to the execution of grants, loans, and contracts, all state agencies, offices, authorities and divisions shall consider whether such decisions are inconsistent with or will interfere with the attainment of the statewide greenhouse gas limits established in article 75 of the [Environmental Conservation Law]. Norlite is violating its environmental permits for mercury emissions. The proposed project would be inconsistent with or would interfere with the statewide greenhouse gas emissions limits established in the Climate Act, said the DEC in a statement Wednesday. The New York State Department of Environmental Conservation (DEC) on Wednesday denied a controversial proposal for a new, fracked gas power plant in Astoriaa victory for environmental activists who say the project is not in line with the state's energy emission goals. Analytical cookies are used to understand how visitors interact with the website. While this decision may have broad statewide impacts on all permitting decisions, it immediately impacts applicants for Title V permits or air state permits, and Title V or air state permits that seek to modify or renew such permits. Ms. Enck was the Region 2 EPA administrator under President Obama when Norlites contract with the federal government to accept and incinerate AFFF was approved. These cookies track visitors across websites and collect information to provide customized ads. By clicking [I agree], you are agreeing to our use of cookies. Norlite was required to seek a permit modification to burn AFFF. The cookie is used to store the user consent for the cookies in the category "Analytics". EPA approval finalized at 86 FR 54375. The Court, however, disagreed. ), Contact Javid Afzali (jafzali@harrisbeach.com), Energy Industry Team leader Bill Flynn (wflynn@harrisbeach.com), Environmental Practice Group leader Frank Pavia (Fpavia@harrisbeach.com) or the attorney with whom you normally work for help. It does not store any personal data. Air Registration/Permit. Interestingly, the Court agreed that Danskammer is correct that the language of 7(2) does not expressly authorize the DEC to deny a permit based on application of the same . As we've said all along, when DEC executives learned that Norlite had been accepting AFFF that contained PFAS, we put a stop to it, even though it wasn't illegal at the time. ", During a Thursday Zoom call, the advocates called for immediate investigation of DEC staff regarding the emails. Your email address will not be published. This alert is not a substitute for advice of counsel on specific legal issues. The cookie is used to store the user consent for the cookies in the category "Other. Necessary cookies are absolutely essential for the website to function properly. Secure .gov websites use HTTPS Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, New York City, Rochester, Saratoga Springs, Syracuse, Uniondale and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey. Nevertheless, despite acknowledging that statutes must be construed in accordance with its ordinary and natural meaning without resort to artificial or forced construction and only [w]here the language is ambiguous, a court may examine the statute's legislative history, the Court, still went on to examine the legislative history of the CLCPA without finding that the language of 7(2) was ambiguous. This section sets forth the applicable State Implementation Plan (SIP) for New York under section 110 of the Clean Air Act, as amended, 42 U.S.C. Financial Institutions and Capital Markets, Environmental, Social and Governance (ESG), Financial Restructuring, Bankruptcy and Creditors Rights, Product Liability and Comprehensive General Liability. Following months of comments and numerous high-profile denials, on December 14, 2022, NYSDEC issued the final DAR-21 policy document. Concentrations off the property would naturally be lower than the concentrations on the property. . While no fees are charged for review of air pollution control permit applications, Environmental Program Regulatory Fees (air pollution program fees and operating permit program fees) are billed annually by the Department, based on the nature of the facility, the type of authorization, and the amount of contaminants emitted. New sources are subject to fees for the Fiscal Year in which they began operating. All rights reserved.Privacy Policy, Designed by Elegant Themes | Powered by WordPress, Read the latest Environmental Services Articles & News. Here is Knight's unedited response: As a highly regulated entity required to comply with many different and highly technical federal and state regulatory programs and permits, we endeavor to achieve 100% compliance, but the reality is that operational and human errors may occur. No matter what the conspiracy theorists suggest, DEC will continue to go after this facility using science and the law as evidenced by the enforcement actions announced yesterday. JavaScript appears to be disabled on this computer. Based on the proposed guidance, Trinity recommends including a section specifically addressing consistency with CLCPA along . Dave Lucas is WAMCs Capital Region Bureau Chief. Here's McDonald: "I support independent inquiries of the state agency in this aspect, because I do believe that the department currently is doing tremendous oversight over the Norlite facility, and I think that that will be something that public will start to see in the coming days, if not weeks and months.". In 2012, Dave received a Communicator Award of Distinction for his WAMC news story "Fail: The NYS Flood Panel," which explores whether the damage from Hurricane Irene and Tropical Storm Lee could have been prevented or at least curbed. EPA Initial List of Hazardous Air Pollutants with Modifications. 2023 Walden. Please click here to see any active alerts. The destruction of hazardous waste, however, provides a non-virgin mined, drilled, or refined natural resource based source of fuel (such as coal) while simultaneously eliminating an environmental hazard both of which are clearly in the public interest. Sign up below to find out about upcoming programs first. Activists recently held a Zoom meeting to discuss the ongoing effort to regulate the Norlite incinerator in Cohoes.