Current through Register Vol. 46, No. 50, December 11, 2024
Section 1001.16 - Exhibit 16: pollution control facilities(a) If applicable, Exhibit 16 shall contain: (1) Copies of completed applications for permits to be issued by the DEC pursuant to Federal recognition of State authority, or pursuant to federally delegated or approved authority, in accordance with the Clean Water Act, the Clean Air Act and the Resource Conservation and Recovery Act, and permits pursuant to section 15-1503, title 9 of article 27, and articles 17 and 19 of the ECL.(2) Such evidence as shall enable the commissioner of DEC to evaluate the facility's pollution control technologies and to reach a determination to issue, subject to appropriate conditions and limitations, permits for such technologies.(3) Such evidence as shall enable the board to evaluate the facility's pollution control technologies and to make the findings and determinations required by PSL section 168.(4) A representation and description of all fuel waste byproducts to be produced as a result of construction and operation of the facility and its interconnections and related facilities, including a description and plan as appropriate for the handling, storage and disposal of all fuel waste byproducts. Ash produced from the combustion or gasification of coal, wood, biomass, municipal solid waste or similar fuels shall be included in the definition of fuel waste byproduct for the purposes of this subdivision.(b) Following commercial operation of a certified major electric generating facility, renewal applications for permits to be issued by the DEC pursuant to Federal recognition of State authority, or pursuant to federally delegated or approved authority, in accordance with the Clean Water Act, the Clean Air Act and the Resource Conservation and Recovery Act, and permits pursuant to section 15-1503, title 9 of article 27, and articles 17 and 19 of the ECL, will be submitted to and acted upon by the DEC without copies being submitted to the board or findings and determinations being made by the board.N.Y. Comp. Codes R. & Regs. Tit. 16 § 1001.16