N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-1.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 201-1.5 - Emergency defense

An emergency, as defined in Subpart 201-2 of this Part, constitutes an affirmative defense to penalties sought in an enforcement action brought by the department for noncompliance with emission limitations or permit conditions for all facilities in New York State.

(a) The affirmative defense of an emergency shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:

(1) an emergency occurred and that the facility owner or operator can identify the cause(s) of the emergency;

(2) the equipment at the facility was being properly operated and maintained;

(3) during the period of the emergency the facility owner or operator took all reasonable steps to minimize the levels of emissions that exceeded the applicable emission standards, or other requirements in the permit; and

(4) the facility owner or operator notified the department within two working days after the event occurred. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and any corrective actions taken.

(b) In any enforcement proceeding, the facility owner or operator seeking to establish the occurrence of an emergency has the burden of proof.

(c) This provision is in addition to any emergency or malfunction provision contained in any applicable requirement.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-1.5

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021