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Friday, October 15, 2010 1:07:16 PM
In New York DEC-terms this means a State Facility Permit and comment period at minimum. Then a determination if a hearing is necessary.
Aren't you overlooking the different treatment of major and minor projects, and instead clumping them all together?
§621.2 Definitions
. . . .
(r)Major Project means any action requiring a permit identified in section 621.1 of this Part, which is specifically defined as major or which is not specifically defined as minor in section 621.4 of this Part.
(s) Minor Project means any action listed as minor in section 621.4 of this Part, subject to the reservations of paragraph 621.3(b)(3). Actions identified as Type II in Parts 617 and 618 of this Title are minor except where such an action is listed as major by permit type in section 621.4 of this Part. Minor projects are projects which by their nature and with respect to their location are not likely to have a significant impact on the environment.
Regarding applicability, the above-referenced section 621.1 states, in pertinent part:
This Part applies to applications for the permits listed below which are submitted to the department or its agents.
. . . .
(g) Air Pollution Control, ECL article 19, (implemented by 6 NYCRR Parts 201, 203, and 231): including construction and operation of a new emission source or a modification to an existing emission source of air contamination, and construction of indirect sources of air contamination;
If you still have doubts as to the applicability of the Uniform Procedures (Part 621) to the precise permit you are referencing:
Permit applications are processed following a number of steps prescribed by regulation (6 NYCRR Part 621).
http://www.dec.ny.gov/chemical/8569.html
Then go back to Part 621 and see the different rules that apply to major and minor projects. Or see the highlighted provisions of the public comment and public hearing provisions in my prior posts.
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