Today's air pollution control permitting program combines the federal air operating permitting program with long-standing features of the state program (i.e., preconstruction permitting requirement and assessment of environmental impacts pursuant to the State Environmental Quality Review Act, (SEQR)).
UPA Time Frames The Uniform Procedures Act requires DEC to act in the following time frames:
Minor Projects:
DEC must make a permit decision on minor projects within 45 days of determining the application complete.
Major Projects
If no hearing is held, DEC makes its final decision on the application within 90 days of its determination that the application is complete. If a hearing is held, DEC notifies the applicant and the public of a hearing within 60 days of the completeness determination. The hearing must commence within 90 days of the completeness determination. Once the hearing ends, DEC must issue a final decision on the application within 60 days after receiving the final hearing record.
Completeness Determination:
DEC must mail notice of its completeness determination within the specified time limits for the type of permit or the application is deemed to be complete. For most permits 15 days is the time limit for the Department to make its Completeness Determination. For hazardous waste management facilities, certain wastewater discharges and certain air permit applications DEC has 60 days to make a completeness determination.
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