N.Y. Comp. Codes R. & Regs. Tit. 6 § 201-6.4 - Standard permit requirements
(a) 'General conditions'. With the exception
of subdivision (f) of this section the provisions contained in this Subpart are
considered standard solely for the Federal portion of the title V facility
permit. The operational flexibility provisions under subdivision (f) of this
section shall be available under both State and Federal portions of the title V
facility permit. Each title V facility permit issued under this Part shall
include the following standard provisions:
(1)
All Federal emission limitations and standards, including those operational
requirements and limitations that assure compliance with all applicable
requirements at the time of permit issuance.
(i) The origin of and authority for each term
or condition, and any difference in form as compared to the applicable
requirement upon which the term or condition is based.
(ii) Any permit containing the department's
determination that an alternative emission limit constitutes compliance with a
regulation in the State implementation plan shall contain provisions to ensure
that the resulting emission limit has been demonstrated to be quantifiable,
accountable, enforceable, and based on replicable procedures. The department's
determination that an emission source is eligible for an alternative emission
limit can be made in the permit issuance, renewal or significant modification
process. Permits may only include alternative emission limits if provided for
in the State implementation plan and if the alternative emission limit is
determined by the department to be equivalent to the limit in the State
implementation plan.
(iii) If an
existing facility has installed best available control technology (as defined
in section 169 of the act), or technology required to meet a lowest achievable
emission rate (as defined in section 171 of the act), prior to the promulgation
of an applicable MACT or GACT standard to such stationary source, per section
112(d) and (j) of the act, for the same hazardous air pollutant (or stream of
hazardous air pollutants) it shall not be required to comply with such standard
until the date five years after the date on which installation or reduction has
been achieved, as determined by the department.
(2) The permittee must comply with all
conditions of the title V facility permit. Any permit non-compliance
constitutes a violation of the act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or for denial
of a permit renewal application.
(3) The permit may be modified, revoked,
suspended, reopened and reissued, or terminate d f or c au s e. The filing of a
request by the permittee for a permit modification, revocation and reissuance,
or termination, or of a notification of planned changes or anticipated
noncompliance does not stay any permit condition.
(4) The owner or operator shall furnish to
the department, within a reasonable time, any information that the department
may request in writing to determine whether cause exists for modifying, rev o
king and reissuing, or terminating the permit or to determine compliance with
the permit. Upon request, the permittee shall also furnish to the department
copies of records required to be kept by the permit or, f or information
claimed to be confidential, the permittee may furnish such records directly to
the administrator along with a claim of confidentiality, if the administrator
initiated the request for information or otherwise has need of it.
(5) It is not a defense for an owner or
operator in an enforcement action to claim that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
(6) The
permit does not convey any property rights of any sort, or any exclusive
privilege.
(7) The owner or
operator of a facility shall pay fees to the department consistent with the fee
schedule authorized by Subpart 482-2 of this Title.
(8) The department or an authorized
representative shall be allowed upon presentation of credentials and other
documents as may be required by law to:
(i)
enter upon the permittee's premises where a facility subject to the permitting
requirements of this Subpart is located or emissions-related activity is
conducted, or where records must be kept under the conditions of the
permit;
(ii) have access to and
copy, at reasonable times, any records that must be kept under the conditions
of the permit;
(iii) inspect at
reasonable times any emission sources, equipment (including monitoring and air
pollution control equipment), practices, and operations regulated or required
under the permit; and
(iv) sample
or monitor at reasonable times substances or parameters for the purpose of
assuring compliance with the permit or applicable requirements.
(9) A severability clause to
insure the continued validity of the remaining various permit requirements in
the event of a challenge to any portions of the permit.
(b) 'Permit conditions for monitoring'. Each
title V facility permit issued under this Part shall include the following
provisions pertaining to monitoring:
(1) all
emissions monitoring and analysis procedures or test methods required under the
applicable requirements, including any procedures and methods for compliance
assurance monitoring as required by the act shall be specified in the
permit;
(2) where the applicable
requirement does not require periodic testing or instrumental or
non-instrumental monitoring (which may consist of recordkeeping designed to
serve as monitoring), the permit shall specify the periodic monitoring
sufficient to yield reliable data from the relevant time periods that are
representative of the major facility's compliance with the permit. Such
monitoring requirements shall assure use of terms, test methods, units,
averaging periods, and other statistical conventions consistent with the
applicable requirements; and
(3) as
necessary, requirements concerning the use, maintenance, and installation of
monitoring equipment or methods.
(c) 'Permit conditions for recordkeeping and
reporting of compliance monitoring'.
(1) The
following information must be included in records and reports:
(i) the date, place as defined in the permit,
and time of any required sampling or measurements;
(ii) the date(s) any required analyses were
performed;
(iii) the company or
entity that performed any required analyses;
(iv) the analytical techniques or methods
used including quality assurance and quality control procedures if
required;
(v) the results of such
analyses including quality assurance data where required;
(vi) the operating conditions as existing at
the time of any required sampling or measurement;
(vii) any deviation from permit requirements
must be clearly identified; and
(viii) reports must be certified by a
responsible official, consistent with section
201-6.2 of
this Subpart.
(2)
Records of all monitoring data and supporting information must be retained for
a period of at least five years from the date of the monitoring, sampling,
measurement, report, or application. Support information includes all
calibration and maintenance records and all original strip-chart recordings for
continuous monitoring instrumentation, all quality assurance information and
copies of all reports required by the permit.
(3) The permit shall incorporate all
applicable Federal reporting requirements which must include the following:
(i) electronic submittal of reports of any
required monitoring in a format acceptable to the department at least every six
months; and
(ii) notification and
reporting of permit deviations and incidences of noncompliance stating the
probable cause of such deviations, and any corrective actions or preventive
measures taken. If the permittee seeks to have a violation excused as provided
in section
201-1.4
of this Part, the permittee shall report such violations as required under
section 201-1 . 4(c) of this Part. In order to have a violation of a Federal
regulation (such as a new source performance standard or national emissions
standard for hazardous air pollutants) excused, the specific Federal regulation
must provide for an affirmative defense during start- up, shutdowns, or malf
unctions. All other permit deviations shall only be reported as required under
subparagraph (i) of this paragraph, unless the department specifies a different
reporting requirement within the permit.
(d) 'Compliance schedules'. Each title V
facility permit issued shall contain the following provisions for compliance:
(1) The permit shall include a provision
requiring compliance with the schedule proposed pursuant to section
201-6.2 of
this Subpart.
(2) Where any
performance or emission standard or other requirement is established for a
facility prior to the issuance of a permit, the permit may contain a compliance
schedule requiring the facility to achieve compliance as soon as practicable
but not later than the time required by the act or an applicable
requirement.
(3) Any document
(including reports) required by a title V permit shall contain a certification
by a responsible official as set forth in section
201-6.2 of
this Subpart that based on information and belief formed after reasonable
inquiry, the statements and information in the document are true, accurate and
complete.
(4) Progress reports
consistent with an applicable schedule of compliance and are to be submitted at
least semiannually, or at a more frequent period if specified in the applicable
requirement or by the department. Such progress reports shall contain the
following:
(i) dates for achieving the
activities, milestones, or compliance required in the schedule of compliance,
and dates when such activities, milestones or compliance were achieved;
and
(ii) an explanation of why any
dates in the schedule of compliance were not or will not be met, and any
preventive or corrective measures adopted.
(e) 'Compliance certification'. Requirements
for compliance certification with terms and conditions contained in the permit,
including emission limitations, standards, or work practices. Permits shall
include each of the following:
(1) the
frequency, not less than annually or more frequent periods as specified in the
applicable requirement or by the department, of the electronic submissions of
compliance certifications;
(2) a
means for assessing or monitoring the compliance of the facility with its
emission limitations, standards, and work practices;
(3) a requirement that the compliance
certification include the following:
(i) the
identification of each term or condition of the permit that is the basis of the
certification;
(ii) the compliance
status;
(iii) whether compliance
was continuous or intermittent;
(iv) the method(s) used for determining the
compliance status of the facility, currently and over the reporting period
consistent with subdivision (b) of this section;
(v) such other facts as the department shall
require to determine the compliance status of the facility; and
(vi) all compliance certifications shall be
submitted to the department and to the administrator an d shall contain such
other provisions as the department may require to ensure compliance with all
applicable requirements.
(f) 'Operational Flexibility'. Each Title V
permit shall contain a provision stating that no permit modifications will be
required for changes that are provided for in the permit. Such changes may be
made without a permit modification if the changes are not modifications under
any provision of Title I of the Act and do not exceed, or cause the facility to
exceed, an emissions cap or limitation in the permit. Any compliance
certifications, record keeping, or reporting required by the Title V facility
permit must incorporate and consider any approved changes made pursuant to this
Subdivision.
(1) Alternate operating
scenarios. The owner or operator of a major facility may apply f or a range of
conditions to allow for the flexibility to operate under more than one
operating scenario. The facility owner or operator shall identify each proposed
alternate operating scenario in the Title V facility permit application, as
described in Subpart 201-6.2 of this Part. Each proposed alternate operating
scenario shall be described in sufficient detail to allow the department to
assess the control requirements, determine compliance with applicable
requirements, and maintain the department's source inventory. Each approved
alternate operating scenario shall be included in the Title V facility permit.
Upon issuance of the permit, operation under each proposed alternate operating
scenario is authorized without a permit modification. The facility owner or
operator must record the duration of operation under each operating scenario in
a log at the facility and note any changes from one operating scenario to
another. Operational records kept pursuant to this paragraph shall be
maintained at the facility for a period of at least five years.
(2) 'Protocol'.
(i) The owner or operator of a major facility
may develop and propose, as part of the Title V facility permit application, a
protocol to allow for future physical or operational changes to be made without
the need for a permit modification. Each protocol must include provisions for
evaluating potential changes for compliance with the following criteria:
('a') all applicable requirements with which
the new or changed operation or emission source must comply must already exist
in the facility's Title V permit; and
('b') the change is not part of a project
that results in a significant net emissions increase as described in Part 231
of this Title.
(ii) Each
approved protocol shall be included in the Title V facility permit. Upon
issuance of the permit, the facility owner or operator is authorized to make
any changes pursuant to the approved protocol without the need for a permit
modification provided that the facility owner or operator supplies the
department with written notification as required by Paragraph (3) of this
Subdivision at least fifteen days in advance of making the proposed changes.
(3) 'Notifications'.
The facility owner or operator must notify the department in writing at least f
if teen days in advance of making any change pursuant to Paragraph (2) of this
Subdivision. The department shall respond in writing with a determination
within 15 days of receipt of the notification. Notifications made pursuant to
this paragraph shall contain the following information:
(i) Identification of the emission unit,
process(es), emission source(s), and emission point(s) affected by the proposed
change with any applicable revisions to the emission unit structure;
(ii) Description of the proposed change,
including the operating parameters affected;
(iii) Identification and description of any
emission control device or technology that will be used; and
(iv) Documentation of the proposed change's
compliance with respect to all applicable requirements, including the
following:
('a') Calculations demonstrating
the emission rate potential and maximum projected annual actual emission rates
for all contaminants affected by the change;
('b') Documentation demonstrating that the
change is not subject to the New Source Review requirements of Part 231 of this
Title;
('c') Identification and
evaluation of all state and federal regulations applicable to the proposed
change;
('d') Any additional
operating and record keeping procedures necessary to ensure compliance with all
applicable requirements; and
('e')
Any other relevant information used for the evaluation of the proposed change
under the protocol.
(4) The department reserves the right to
require a permit modification to impose applicable requirements or permit
conditions if it determines that changes proposed pursuant to Paragraph (2) of
this Subdivision do not meet the criteria described in Paragraph (2) of this
Subdivision, or that the changes may have a significant air quality impact. In
such cases, the department shall require that the facility owner or operator
not undertake the proposed changes until a permit modification is issued. The
department's determination shall include a listing of any additional
information necessary to complete its review of the proposed changes.
(5) Changes made pursuant to the provisions
of this Subdivision are not subject to the permit shield described in Section
201-6.4(g) of this Subpart until they are incorporated into the facility's
Title V facility permit.
(6)
'Reserved'.
(g) 'Permit
shield'.
(1) Except as otherwise provided in
this Subpart, the department shall include a provision in the title V permit
stating that compliance with the conditions of the permit shall be deemed
compliance with any applicable requirements as of the date of permit issuance.
This permit shield applies provided the applicable requirements are included
and are specifically identified in the permit or the department, in acting on
the permit application or modification, determines in writing that other
requirements specifically identified are not applicable to the major facility,
and the permit includes the determination or a concise summary thereof.
(2) Nothing herein shall preclude
the department from modifying or revoking the permit pursuant to Part 621 of
this Title or from exercising its summary abatement authority, or alter or
affect the following:
(i) the ability of the
department to seek to bring suit on behalf of the State of New York, or the
administrator to seek to bring suit on behalf of the United States, to
immediately restrain any person causing or contributing to pollution presenting
an imminent and substantial endangerment to public health, welfare or the
environment to stop the emission of air pollutants causing or contributing to
such pollution;
(ii) the liability
of an owner or operator of a title V facility for any violation of applicable
requirements prior to or at the time of permit issuance;
(iii) the applicable requirements of title IV
of the act; or
(iv) the ability of
the administrator to obtain information from a facility owner or operator
concerning the ability to enter, inspect and monitor the facility.
(h) 'Term of permits'.
The following time periods shall apply to the term of title V facility permits:
(1) Periods of up to five years for title V
facility permits and general permits f or facilities subject to this
Subpart.
(2) A fixed term of five
years for "affected sources." Title V permits for "affected sources" will be
issued in such a manner as to eliminate inconsistencies between the expiration
of the title V permit and the effective dates of applicable requirements under
title IV of the act.
(i) 'Reopening f or cause'.
(1) A title V permit shall be reopened and
modified under any of the following circumstances:
(i) When additional applicable requirements
under the act become applicable to a title V facility with a remaining permit
term of three or more years, a reopening shall be completed not later than 18
months after promulgation of the applicable requirement. No such reopening is
required if the effective date of the requirement is later than the date on
which the permit is due to expire, unless the original permit or any of its
terms and conditions has been extended by the department pursuant to the
provisions of section 201- 6.6 of this Subpart.
(ii) The department or the administrator
determines that the permit contains a material mistake or that inaccurate
statements were made in establishing the emissions standards or other terms or
conditions of the permit.
(iii) The
department or the administrator determines that the title V permit must be
modified or reopened to assure compliance with applicable
requirements.
(iv) Additional
requirements (including excess emissions requirements) become applicable to an
"affected source" under the Acid Rain Program. Upon approval by the
administrator, excess emissions offset plans shall be deemed to be incorporated
into the permit.
(2)
Proceedings to reopen and issue a title V facility permit shall be required to
follow the same procedures as apply to initial permit issuance but shall affect
only those parts of the permit for which cause to reopen exists.
(3) Reopenings shall not be initiated before
a notice of such intent is provided to the facility by the department at least
30 days in advance of the date that the permit is to be reopened, except that
the department may provide a shorter time period in the case of an
emergency.
Notes
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