Current through Register Vol. 43, No. 46, November 17, 2021
Section 704.4 - Additional limitations or modifications(a) An applicant may apply for a modification of the criteria set forth in sections 704.2 and 704.3 of this Part.(b) Upon receipt of such application, the commissioner shall confer with the U.S. Environmental Protection Agency and shall transmit to that agency information to enable the administrator to fulfill responsibilities under Federal Law.(c) The applicant shall have the burden of establishing to the satisfaction of the commissioner that one or more of the criteria are unnecessarily restrictive as to a particular project in that a modification of such criterion, or criteria, as the case may be, would assure the protection and propagation of a balanced indigenous population of shellfish, fish, and wildlife in and on the body of water into which the discharge is to be made.(d) The applicant shall consult with the Department of Environmental Conservation to determine appropriate studies which shall be conducted by the applicant. Prior approval shall be obtained by the applicant for a program of studies that will determine the impact of any proposed modification. Such studies shall include, but shall not be limited to:(1) A comparative analysis of environmental effects of the thermal discharge on the receiving waters when subject to the stated criteria of this Part, and when subject to the applicant's proposed modification.(2) An analysis of the different discharge modes (e.g., surface or subsurface) and the advantages and disadvantages of each mode with regard to effects on aquatic life.(e) A public hearing shall be held upon the application.(f) The commissioner may authorize a modification of the stated criteria, which modifications shall be conditioned upon post-operational experience. The commissioner may require additional treatment of, or change in, a thermal discharge in the event that post-operational experience shows a trend toward impairment by the discharge of the quality of the receiving waters for the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on the body of water.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 704.4