N.Y. Comp. Codes R. & Regs. Tit. 6 § 231-12.3 - Pre-application analysis for subparts 231-7 and 231-8
(a) Prior to submitting an application for a
permit in accordance with Subpart 231-7 and Subpart 231-8 of this Part, the
applicant must provide an analysis of air quality data in the area that the
proposed new or modified facility would affect for each of the following
regulated NSR contaminants:
(1) for the new
facility, each regulated NSR contaminant that would have the potential to emit
in an amount equal to or greater than the applicable significant project
threshold in table 6 of Subpart 231-13 of this Part; and
(2) for the modified facility, each regulated
NSR contaminant that would result in a significant net emissions
increase.
(b) With
respect to any such regulated NSR contaminant from the list of applicable
regulated NSR contaminants in section
231-12.4
of this Subpart for which no NAAQS exists, the analysis must contain such air
quality monitoring data as the department determines is necessary to assess
ambient air quality for that regulated NSR contaminant in any attainment area
that the emissions of the source would affect.
(c) With respect to any such regulated NSR
contaminant for which a NAAQS does exist, the analysis must contain continuous
air quality monitoring data gathered for purposes of determining whether
emissions of that regulated NSR contaminant would cause or contribute to a
violation of the standard or any maximum allowable increase in section
231-12.2(c)(3)
of this Subpart.
(d) In general,
the continuous air quality monitoring data that is required must have been
gathered over a period of at least one year and must represent at least the
year preceding receipt of the application, except that, if the department
determines that a complete and adequate analysis can be accomplished with
monitoring data gathered over a period shorter than one year, but not less than
four months.
(e) The owner or
operator of a proposed new or modified facility involving the emissions of VOC
who satisfies all other conditions of Subparts 231-7 and 231-8 of this Part
may, when authorized by the department, provide post approval monitoring data
for ozone in lieu of providing preconstruction monitoring data.
(f) Operations of monitoring stations. The
owner or operator of a new or modified facility must meet the requirements of
appendix B to 40 CFR part 58 and the NYSDEC policy, Oversight of Private Air
Monitoring Networks, available from the department, during the operation of
monitoring stations for purposes of satisfying applicable provisions of this
Subpart.
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) Prior to submitting an application for a permit in accordance with Subpart 231-7 and Subpart 231-8 of this Part, the applicant must provide an analysis of air quality data in the area that the proposed new or modified facility would affect for each of the following regulated NSR contaminants:
(1) for the new facility, each regulated NSR contaminant that would have the potential to emit in an amount equal to or greater than the applicable significant project threshold in table 6 of Subpart 231-13 of this Part; and
(2) for the modified facility , each regulated NSR contaminant that would result in a significant net emissions increase.
(b) With respect to any such regulated NSR contaminant from the list of applicable regulated NSR contaminants in section 231-12.4 of this Subpart for which no NAAQS exists, the analysis must contain such air quality monitoring data as the department determines is necessary to assess ambient air quality for that regulated NSR contaminant in any attainment area that the emissions of the source would affect.
(c) With respect to any such regulated NSR contaminant for which a NAAQS does exist, the analysis must contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that regulated NSR contaminant would cause or contribute to a violation of the standard or any maximum allowable increase in section 231-12.2(c)(3) of this Subpart.
(d) In general, the continuous air quality monitoring data that is required must have been gathered over a period of at least one year and must represent at least the year preceding receipt of the application, except that, if the department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year, but not less than four months.
(e) The owner or operator of a proposed new or modified facility involving the emissions of VOC who satisfies all other conditions of Subparts 231-7 and 231-8 of this Part may, when authorized by the department, provide post approval monitoring data for ozone in lieu of providing preconstruction monitoring data.
(f) Operations of monitoring stations. The owner or operator of a new or modified facility must meet the requirements of appendix B to 40 CFR part 58 and the NYSDEC policy, Oversight of Private Air Monitoring Networks, available from the department , during the operation of monitoring stations for purposes of satisfying applicable provisions of this Subpart.