New York state Senate Environmental Conservation Committee Chairman Pete Harckham has proposed amending the state’s Title V air quality control law under the State Administrative Procedure Act (SAPA).
Harckham’s bill, if passed, would limit permit renewal periods to a maximum of five years, end indefinite extensions and suspend an application renewal if a final determination isn’t made within three years.
The Business Council of New York has called Harckham’s reforms to the process “unrealistic.”
Here is the Council’s opposition memo.
“The bottom line is it puts facilities’ ability to lawfully operate at risk due to factors beyond their control,” Ken Pokalsky, vice president of the Business Council of New York, told Capital Tonight. “If DEC cannot make its way through its administrative review process on a timely level, the bill says the permit is rescinded and you can’t operate.”
The changes are supported by environmental groups including Seneca Lake Guardian, which is concerned that the state’s air quality control law is allowing industries, including the state’s largest landfill, to continue operating, even after their initial air quality permits have expired.
That landfill, Seneca Meadows, located in the Finger Lakes region, is looking to expand. While its original permit expired in 2025, the company submitted a timely renewal application to the DEC.
While a renewal application is being processed, the DEC continues to require companies to comply with all permit requirements in their operations to ensure protection of public health and the environment.
In an emailed statement to Capital Tonight, the DEC stated:
“The New York State Department of Environmental Conservation’s (DEC) air permit review processes are thorough, transparent, and most importantly, guided by the State’s stringent laws and regulations. DEC oversees the State’s air permitting program and routinely prioritizes improvements to the facility permits and registration process as part of the stationary source compliance program to ensure it continues to serve as an effective tool to reduce air pollution. While state law allows a facility’s permit to remain in effect during DEC’s reviews, every facility must comply with applicable air regulations.”
Hundreds of small businesses in the agriculture and tourism sector in the Finger Lakes are demanding the closure of the landfill because of its release of methane.
“Laws that put massive corporations over our communities aren’t good for small businesses or our economy,” Yvonne Taylor, co-founder and vice president of Seneca Lake Guardian, told Capital Tonight.
The bill is not a part of budget negotiations. The Business Council is lobbying on other budget-related issues including the State Environmental Quality Review Act (SEQRA) and the Climate Leadership and Community Protection Act (CLCPA).