N.Y. Comp. Codes R. & Regs. Tit. 6 § 201-6.6 - Permit renewal and modification
(a)
'Expiration and renewal'. The following procedures shall apply when title V
facility permits are renewed or expire:
(1)
Permits that are being renewed are subject to the same procedural and review
requirements, including those for public participation and affected State and
EPA review that apply to initial permit issuance. Renewal applications must
include any revisions or modifications enacted during the previous permit term.
(2) Permit expiration terminates
the major facility's right to operate unless a timely and complete renewal
application has been submitted consistent with section
201-6.2(a)
of this Subpart.
(3) If the
department fails to act in a timely way in the renewal of a permit, the
administrator may invoke the authority under section 505(e) of the act to
terminate, modify or revoke and reissue a permit.
(4) The department shall take final action
upon permit renewal within 18 months of receipt of a complete application. If
the department fails to take final action on a renewal application within 18
months of the receipt of a complete application, such failure to act shall be
treated as a final agency action solely for the purposes of judicial review for
failure to take final action.
(5)
All the terms and conditions of a permit shall be automatically continued
pending final determination by the department on a request for permit renewal,
provided the facility owner or operator has made a timely and complete
application and paid the required fees.
(b) 'Administrative permit amendments'.
(1) Administrative amendments to title V
facility permits include the following changes:
(i) correction of typographical
errors;
(ii) identification of a
change in the name, address, or phone number of any person identified in the
permit or a similar minor administrative change at the source;
(iii) those requiring more frequent
monitoring or reporting by the permittee;
(iv) those allowing for a change in ownership
or operational control of a facility where the department determines that no
other change in the permit is necessary, provided that a written agreement
containing a specific date for transfer of permit responsibility, coverage, and
liability between the current and new permittee has been submitted to the
department; or
(v) incorporation
into the permit of the requirements from a State facility permit issued by the
department provided that public participation pursuant to Part 621 of this
Title, and the EPA and affected State review process for the state facility
permit were equivalent to the review process and compliance requirements
necessary for issuance of a title V facility permit.
(2) the request for an administrative permit
amendment shall be reviewed and acted upon by the department in accordance with
the time frames and procedures established in Part 621 of this Title and
subparagraph (i) of this paragraph. Administrative permit amendments for the
purposes of the acid rain portion of the permit shall be governed by
regulations promulgated under title IV of the act. The department may
incorporate such changes into the permit without providing notice to the public
or affected states provided that it designates any such permit revisions as
having been made pursuant to this paragraph.
(i) Within 15 days of receipt of a request
for an administrative permit amendment, the department shall take final action
on such request, and may incorporate such changes without providing notice to
the public or affected states provided that it designates any such permit
revisions as having been made pursuant to this section.
(ii) The department shall make a copy of the
revised permit available to the administrator.
(iii) The owner or operator of a facility may
implement the changes addressed in the request f or an administrative amendment
after 15 days from receipt of the request by the department.
(3) The department shall, upon
taking final action granting a request for an administrative permit amendment,
allow coverage by the permit shield in section 201-6. 4 of this Subpart. The
department shall also allow such coverage for administrative permit amendments
made pursuant to subparagraph (1)(v) o f this subdivision, provided the state
facility permit met the relevant requirements of this Part for significant
permit modifications.
(c) 'Minor permit modifications'.
(1) Minor permit modification procedures may
be used only for those permit modifications that do not exceed the criteria
under subparagraphs (i) through (v) of this paragraph. In no case shall a
facility that has been issued multiple permits be allowed to make minor permit
modifications which, in the aggregate, would be a significant permit
modification if the facility had been issued a single permit, unless such
facility complies with all the requirements for a significant modification.
(i) Do not violate any applicable
requirement.
(ii) Do not involve
significant changes to existing monitoring, reporting, or recordkeeping
requirements in the permit and are not otherwise a significant change in the
permit.
(iii) Do not require or
change a case-by-case determination of a Federal emission limitation or other
Federal standard, or a specific determination for portable sources causing
adverse ambient impacts, or a visibility or increment analysis.
(iv) Do not seek to establish or change a
permit term or condition that the facility has assumed to avoid an applicable
requirement to which the emission source would otherwise be subject. Such terms
and conditions include:
('a') a federally
enforceable emissions cap assumed to avoid classification as a modification
under any provision of title I of the act or Part 231 of this Title;
or
('b') an alternative emissions
limit approved pursuant to the early reduction program under section 112 of the
act.
(v) Are not
modifications under any provision of title I of the act, resulting in an NSR
major modification as defined and regulated under Part 231 of this
Title.
(2)
Notwithstanding paragraphs (1) and (9) of this subdivision, minor permit
modification procedures may be used for permit modifications involving the use
of economic incentives, marketable permits, emission trading, and other similar
approaches to the extent that such minor permit modification procedures are
explicitly provided for in an applicable implementation plan or in applicable
requirements promulgated by the administrator.
(3) An application for a minor permit
modification shall meet the requirements of section 201-6 .2 (d) of this
Subpart, and shall provide the following information:
(i) a description of the change, the
emissions resulting from the change, and any new applicable requirements that
will apply if the change occurs;
(ii) certification by a responsible official,
consistent with this Subpart, that the proposed modification meets the criteria
contained herein for use of minor permit modification procedures and a request
that such procedures be used;
(iii)
completed forms for use in notifying the administrator and affected states;
and
(iv) the major facility's
suggested draft permit in a format acceptable to the department.
(4) The department will review and
act on applications for minor permit modifications in accordance with
timeframes and procedures established for minor projects under Part 621 of this
Title. Upon application by an owner or operator for a minor permit
modification, the department shall determine whether or not such application is
complete within 15 days after receipt of such application and notify the
applicant as required under Part 621 of this Title.
(5) The facility may proceed with the
requested modification upon receipt of a notice of complete application from
the department confirming that the modification is minor. If the department f
ails to issue such notice, the application shall be deemed complete by default
on the 15th day after receipt of the application and the permittee may proceed
with the requested modification on the 25th day after the date that the
department received the application. After the facility or operator makes the
change and until the department takes final action, or notifies the permittee
that the requested modification does not meet the minor modification criteria,
or that EPA objects to the modification requested, the facility must comply
with both the applicable requirements governing the change and any proposed
permit terms and conditions. During this time period, the facility need not
comply with the existing permit terms and conditions it seeks to modify.
However, if the facility fails to comply with its proposed permit terms and
conditions during this time period, the existing permit terms and conditions it
seeks to modify may be enforced against it.
(6) The department shall provide the notice
of complete application, or provide an alternate form of notification approved
by the administrator, to the administrator and affected states on or before the
date that the applicant is notified. Such notification is not required if the
modification involves only emission units or permit terms and conditions that
are not subject to any applicable requirement.
(7) The department must issue a final
decision on a minor modification request not later than 45 day s after the date
that the application was complete. However, the department may not issue a
final permit modification until 45 days have elapsed from the date that the
department notified the administrator under paragraph (6) of this subdivision
or until the administrator has notified the department that they will not
object to issuance of the permit modification, whichever occurs
first.
(8) The permit shield
described in section
201-6.4
of this Subpart does not extend to minor permit modifications.
(9) The department may process groups of
applications for minor permit modifications simultaneously.
(d) 'Significant permit
modifications'. Significant permit modifications are those that are not minor
permit modifications or administrative permit amendments. Every significant
change in existing monitoring permit terms or conditions, and every relaxation
of reporting or recordkeeping permit terms or conditions at a facility subject
to this Subpart shall be considered significant. An application for permit
modification should be submitted by the owner or operator, and shall be subject
to the provisions of this Subpart for new applications for a permit.
(e) 'Reopenings for cause by EPA'.
(1) If the administrator finds that cause
exists to terminate, modify, or revoke and reissue a permit pursuant to section
201-6.4
of this Subpart, the administrator will notify the department and the permittee
of such finding in writing.
(2) The
department shall, within 90 days after receipt of such notification, forward to
EPA a proposed determination of termination, modification, or revocation and
reissuance, as appropriate. The administrator may extend this 90-day period for
an additional 90 days if the administrator finds that a new or revised permit
application is necessary or that the department must require the permittee to
submit additional information.
(3)
The administrator will review the proposed determination from the department
within 90 days of receipt.
(4) The
department shall have 90 days from receipt of an EPA objection to resolve any
objection that EPA makes and to terminate, modify, or revoke and reissue the
permit in accordance with the administrator's objection.
(5) If the department fails to submit a
proposed determination pursuant to paragraph (2) of this subdivision or fails
to resolve any objection pursuant to paragraph (4) of this subdivision, the
administrator will terminate, modify, or revoke and reissue the permit after
taking the following actions:
(i) providing
at least 30 days' notice to the permittee in writing of the reasons for any
such action. This notice may be given during the procedures in paragraphs (1)
through (4) of this subdivision;
(ii) providing the permittee an opportunity
for comment on the administrator's proposed action a n d an opportunity for a
hearing.
(f)
'Surrender of title V facility permits'. A source owner or operator may close
down operations and surrender title V permit(s) to the department.
Notes
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