N.Y. Comp. Codes R. & Regs. tit. 6 § 621.11

Current through Register Vol. 46, No. 25, June 18, 2024

Section 621.11 - Applications for permit renewals, reissuances and modifications, including transferring or relinquishing permits

(a) Unless instructed otherwise, applications to renew or modify permits, except SPDES permit renewals, must be submitted to the regional permit administrator of the region in which the facility is located (see section 621.19 of this Part). Applications must provide information supporting the action sought, and, if for a modification, must include a statement of necessity or reasons for modification.

(1) Applications for renewal must be submitted no less than 180 days prior to permit expiration for the following permit types: HWMF, RAPs, Air State Facility permits, title V facility permits, and title IV facility permits, SWMF permits, Water Withdrawal permits, Long Island Well permits, Radiation Control permits, and Mined Land Reclamation permits.

(2) Applications for renewal of permit types not listed above in paragraph (1) of subdivision (a) of this section and are listed in subdivision (m) of this section must be submitted no less than 30 days prior to the expiration.

(3) The foregoing deadlines apply unless otherwise stated as a condition of the permit.

(b) SPDES Renewals. Applications for all SPDES permit renewals must be submitted on forms prescribed by the department and sent to the Chief Permit Administrator, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750.

(1) SPDES permits renewed pursuant to the administrative renewal procedures contained in Subpart 750-1 of this Title are subject to the public notice, comment, and hearing procedures of this Part.

(2) Applications for renewal must be submitted no less than 180 days prior to permit expiration.

(3) Renewal of a SPDES permit will be treated as a new application where the facility that would be or is the source of the permitted discharge has not operated during the term of the permit. If the renewal is of a delegated SPDES permit, it will be subject to a full technical review.

(c) Transfers. Applications for the transfer of permits in effect, or pending permit applications, to a different permittee or applicant, or to change the name of the permittee or applicant, must be submitted on a form prescribed by the department and must be done in consideration of the following:

(1) Applications should be submitted at least 30 days prior to transfer, unless a different time period is required by specific program statute or regulation.

(2) Transfer of permits is not allowed for water withdrawal permits or waste transporter permits including LLRW transporter permits. These activities require the submission of a new application by the proposed new permittee.

(3) The applicant for permit transfer proposes no significant change in the design or operation of the previously approved project that was permitted.

(4) The new permittee must satisfy required financial obligations and insurance coverage.

(5) A new permittee may be subject to a record of compliance review before a decision on permit transfer is rendered.

(6) Any noncompliance by the existing permittee, associated with the permits proposed to be transferred, must be resolved to the department's satisfaction.

(d) Relinquishments. A permittee may relinquish a permit by sending a written notification to the regional permit administrator of the Region in which the facility is located (See section 621.19 of this Part). The notification must:

(1) identify the permit to be relinquished by its permit number;

(2) state why the permit is being relinquished;

(3) describe how the provisions and conditions of the permit have been satisfied; and

(4) provide an explanation of any remaining actions required at the site or facility prior to terminating the remaining term of the permit.

(e) In reviewing a request to relinquish a permit, the department must confirm whether or not permit provisions and conditions have been satisfied, including post operational requirements. The department will provide written verification of its concurrence with permit relinquishment or provide reasons why the permit must remain in effect.

(f) The department must notify the applicant and its representative, if applicable, by mail of the department's decision on renewals, modifications, reissuances (pursuant to subdivision (n) of this section), transfers, or relinquishment of permit requests on or before 15 days after receipt of the application except as provided in subdivisions (h), (i), and (j) of this section.

(1) The department's failure to find a timely renewal application insufficient within 15 days of the department's receipt of the application for renewal or 60 days for delegated permits, will result in the application being deemed sufficient under section 401 of the State Administrative Procedure Act.

(2) Where an application for permit renewal is timely filed, but determined insufficient, and the applicant subsequently provides required information prior to permit expiration, the application will be considered both timely and sufficient.

(3) When the department proposes modifications to the provisions of a permit, including permit conditions, in conjunction with an application for permit renewal, the department must notify the applicant of the proposed changes to the permit either through a draft permit on which the applicant will be provided the opportunity to review and comment, or by notification pursuant to Section 621.13(c) of this Part.

(4) An application for renewal, modification, transfer or permit relinquishment may be denied for failure to meet any of the standards or criteria applicable under any statute or regulation pursuant to which the renewal or modification is sought, and applicable findings required by article 8 of the ECL or for any of the reasons set forth in section 621.13(a)(1)-(6) of this Part.

(g) If the decision is to deny the permit or requested action under transfer or relinquishment or to issue a permit with substantive conditions, the applicant may request an adjudicatory proceeding by writing the regional permit administrator or the chief permit administrator, as instructed in the decision notification, within 30 days of mailing of the decision to deny or date the permit with substantive conditions is issued. The applicant must also submit a copy of a written request for an adjudicatory proceeding to the chief administrative law judge. The adjudicatory proceeding will commence within 60 days of the chief administrative law judge's receipt of the applicant's request.

(h) The department may determine that an application for renewal or modification will be treated as a new application for a permit in the following circumstances:

(1) the application involves a material change in existing permit conditions or in the scope of the permitted actions (non-material changes include administrative changes such as transfer of ownership or changes in legally responsible parties, correction of typographical errors, updates to facility or permittee contacts, and routine updates to operational plans);

(2) there is newly discovered material information or there has been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit;

(3) a hearing or opportunity for public comment is required by law or the department determines that an opportunity for public comment or hearing is necessary;

(4) the renewal application is not timely or sufficient;

(5) any of the grounds listed in Section 621.13(a)(1)-(6) of this Part apply; or

(6) where any regulations or law pertaining to permits subject to this Part specify that permit renewals or modifications shall be treated as new applications.

In such circumstances, on or before 15 days after receipt of an application, the department must mail the applicant notice of its determination, and a determination of whether the application is complete.

(i) Applications for the renewal or modification of delegated permits and permits containing Federally enforceable emission caps will be treated as new applications under this Part and are major. Minor modifications of title V facility and Air State Facility permits as set forth in Subparts 201-5 and 201-6 of this Title will be treated as new minor projects under this Part. This paragraph does not apply to:

(1) minor modifications for HWMF permits as set forth in section 373-1.7 of this Title;

(2) administrative amendments of Title V facility permits as set forth in Part 201 of this Title; or

(3) minor modifications of SPDES permits as set forth in 40 CFR 122.63, July 1, 1987 (see section 621.16 of this Part).

(j) If the department or its agent fails to mail the applicant the notice of its decision as required in subdivision (f) or (h) of this section, the applicant is entitled to make notice of that failure and receive a decision within five working days pursuant to section 621.10(b) and (c) of this Part.

(k) Notwithstanding any other provision of this section, section 621.3(d) and (e) of this Part shall apply.

(l) Pursuant to section 401(2) of the State Administrative Procedure Act, when a timely and sufficient application for renewal of a permit for an activity of a continuing nature per subdivisions (a), (b), and (m) of this section is submitted, the existing permit does not expire until the department has made a final decision on the renewal application and if the renewal application is denied, the permit is in effect until the last day for seeking review of the denial or any later date set by a court order.

(m) Activities of a continuing nature are those undertaken pursuant to the following permits:

(1) HWMF;

(2) RAPs;

(3) Air pollution control (Air State facility, Title V facility and Title IV facility);

(4) SWMF;

(5) Water Withdrawal and Long Island Wells;

(6) Radiation Control;

(7) Mined Land Reclamation;

(8) SPDES;

(9) Waste Transporter; and

(10) LNG/LPG.

(n) Reissuances. Activities undertaken pursuant to permit types not listed in subdivision (m) of this section are not subject to the provisions of subdivision (l) of this section. However, expired permits for such activities may be reissued for a new permit term where the criteria in paragraphs (1) through (6) of this subdivision are met:

(1) there is no change in the activities to be undertaken from those that were previously permitted;

(2) there has been no material change in environmental conditions;

(3) the request for reissuance of the permit is made within two years of the date the previous permit expired;

(4) if applicable, all fees and sureties are paid;

(5) there are no outstanding violations of the ECL, or other environmental laws administered by the department at the facility or site that is the subject of the previous permit; and

(6) the time period from the effective date of the initially issued permit to the expiration date of the reissued permit must not exceed 10 years. If these conditions are not met, the former permittee must apply for a new permit.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.11

Amended New York State Register November 9, 2016/Volume XXXVIII, Issue 45, eff. 11/9/2016

Amended New York State Register September 16, 2020/Volume XLII, Issue 37, eff. 9/16/2020

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/25/2021

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 12/26/2023