N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-7.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-7.1 - Amendment of an application

(a) Pending applications may only be amended prior to issuance of a notice of complete application. In addition, a major amendment to the application may only be filed with the express written permission of the Office, as set forth in this section.

(b) Requests for Permission to Submit an Amendment

(1) An applicant wishing to amend a pending application shall submit a written request to the Office, setting forth:

(i) The proposed change to the application;

(ii) A justification as to why such changes are required; and

(iii) An anticipated timeframe for resubmission.

(2) The Office shall review the request and, within fifteen (15) days of receipt thereof, inform the permittee as to its determination as to whether such changes constitute a minor amendment to be processed by the Office or a major amendment subject to subdivision (c) of this section.

(c) Submission of a Major Amendment to an Application

(1) An applicant shall submit only those application materials that reflect changes from the original submission, including a redlined version of the relevant materials.

(2) If the applicant proposes to increase the nameplate capacity of the facility, the applicant shall submit any additional required payment to the local agency account simultaneously with its request for a major amendment.

(3) The applicant shall publish notice of the major amendment, clearly identifying the changes from the original application and notice thereof, in accordance with section 1100-1.6 of this Part.

(d) The time for the Office to make its completeness determination on the original application shall be suspended while the ORES is reviewing a request to amend a pending application.

(e) All applicable statutory time frames for completeness determination, publication of draft permit conditions and final determination on the application shall run from the submission of a major amendment in accordance with subdivision (c) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-7.1

Transferred from 900-7.1 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024