New York denied the renewal because the permit did not meet new regulatory standards for the size of the plant.
“Specifically, revisions of the applicable regulations now require a Clean Air Act Title V permit to operate this type of facility. And this facility has not submitted an application for nor has been granted this type of permit,” DEC spokeswoman Erica Ringewald told WAMC Northeast. “Facilities of this size and nature must be subject to the most rigorous air pollution controls to ensure the public is protected. And Title V permits provide for greater transparency and community input prior to authorization.”
Sounds like they re-wrote the scope of the law after the plant was built.