N.Y. Comp. Codes R. & Regs. Tit. 6 § 201-7.1 - Emission capping in facility permits
(a) The owner or operator of a facility
subject to this Part may elect to accept federally enforceable permit
conditions which restrict or cap emissions from the facility or an emission
source below one or more applicable requirements or where needed to establish
an emission reduction credit as defined in Part 231 of this Title.
(b) When an emission cap is desired, the
facility owner or operator must submit an application for a facility permit or
facility permit modification which includes the information in subdivisions (c)
and (d) of this section. The facility owner or operator may also accept the
conditions of a department initiated permit modification in accordance with
Part 621 of this Title to establish an emission cap.
(c) A facility permit or facility permit
modification application that proposes a cap must contain the following
material in addition to the requirements of Subparts 201-5 or 201-6 of this
Part. This includes a complete description of the proposed emission cap,
including all background information on the emission sources and processes
involved, including, but not limited to:
(1)
emissions of individual regulated pollutants;
(2) duration and frequency of
emissions;
(3) existing or proposed
control equipment;
(4) other
emission sources releasing the same contaminants at the facility;
(5) calculations assessing the applicability
status of the facility; and
(6)
calculations demonstrating that the cap will obviate the requirement to obtain
a title V facility permit and or comply with an applicable
requirement.
(d) The
facility owner or operator must also include a proposed monitoring,
recordkeeping, and reporting strategy that will be used to demonstrate that the
emissions limitations under the proposed cap are verifiable, and enforceable,
along with the proposed permit conditions. Capping methods may include: a
reduction in the hours of operation; reformulations relating to the cap, the
installation of control equipment; and/or making other process
changes.
(e) Permits and permit
modifications involving proposed emission caps under this Subpart are subject
to the public notice and comment procedures required for new permit
applications under Part 621 of this Title. Copies of permits including capping
conditions shall be forwarded to the administrator, unless the administrator
approves an alternate procedure for reviewing such permits or exempts certain
classes of permits from such review.
(f) When approved by the department,
federally-enforceable conditions will be incorporated into the permit limiting
emissions below those requiring a title V facility permit or compliance with a
specific applicable requirement.
(g) The owner or operator of a facility
subject to this section must maintain all required records on-site f or a
period of five years and make them available to representatives of the
department upon request. Department representatives must be granted access to
any facility regulated by this Subpart, during normal operating hours, for the
purpose of determining compliance with this and any other State and Federal air
pollution control requirements, regulations or law.
(h) On an annual basis, beginning one year
after the granting of an emissions cap, the responsible official shall provide
a certification to the department that the facility has operated all emission
sources within the limits imposed by the emission cap. This certification shall
include a brief summary of the emissions subject to the cap for that time
period and a comparison to those threshold levels that would require the
submission of an application for a title V facility permit, or compliance with
an applicable requirement.
(i) The
emission of pollutants in excess of the applicability thresholds for obtaining
a title V facility permit or other applicable requirements constitutes a
violation of this Part and of the act.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) The owner or operator of a facility subject to this Part may elect to accept federally enforceable permit conditions which restrict or cap emissions from the facility or an emission source below one or more applicable requirements or where needed to establish an emission reduction credit as defined in Part 231 of this Title.
(b) When an emission cap is desired, the facility owner or operator must submit an application for a facility permit or facility permit modification which includes the information in subdivisions (c) and (d) of this section. The facility owner or operator may also accept the conditions of a department initiated permit modification in accordance with Part 621 of this Title to establish an emission cap.
(c) A facility permit or facility permit modification application that proposes a cap must contain the following material in addition to the requirements of Subparts 201-5 or 201-6 of this Part. This includes a complete description of the proposed emission cap, including all background information on the emission sources and processes involved, including, but not limited to:
(1) emissions of individual regulated pollutants;
(2) duration and frequency of emissions;
(3) existing or proposed control equipment ;
(4) other emission sources releasing the same contaminants at the facility;
(5) calculations assessing the applicability status of the facility ; and
(6) calculations demonstrating that the cap will obviate the requirement to obtain a title V facility permit and or comply with an applicable requirement.
(d) The facility owner or operator must also include a proposed monitoring, recordkeeping, and reporting strategy that will be used to demonstrate that the emissions limitations under the proposed cap are verifiable, and enforceable, along with the proposed permit conditions. Capping methods may include: a reduction in the hours of operation; reformulations relating to the cap, the installation of control equipment ; and/or making other process changes.
(e) Permits and permit modifications involving proposed emission caps under this Subpart are subject to the public notice and comment procedures required for new permit applications under Part 621 of this Title. Copies of permits including capping conditions shall be forwarded to the administrator, unless the administrator approves an alternate procedure for reviewing such permits or exempts certain classes of permits from such review.
(f) When approved by the department , federally-enforceable conditions will be incorporated into the permit limiting emissions below those requiring a title V facility permit or compliance with a specific applicable requirement.
(g) The owner or operator of a facility subject to this section must maintain all required records on-site f or a period of five years and make them available to representatives of the department upon request. Department representatives must be granted access to any facility regulated by this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other State and Federal air pollution control requirements, regulations or law.
(h) On an annual basis, beginning one year after the granting of an emissions cap, the responsible official shall provide a certification to the department that the facility has operated all emission sources within the limits imposed by the emission cap. This certification shall include a brief summary of the emissions subject to the cap for that time period and a comparison to those threshold levels that would require the submission of an application for a title V facility permit, or compliance with an applicable requirement.
(i) The emission of pollutants in excess of the applicability thresholds for obtaining a title V facility permit or other applicable requirements constitutes a violation of this Part and of the act .