N.Y. Comp. Codes R. & Regs. Tit. 6 § 231-6.4 - Permit content and terms of issuance
The permit content and terms of issuance for a NSR major modification are set forth generally in Subpart 231-11 of this Part. In addition, the following provisions apply:
(a) The following emission limitations, as
applicable, shall be established in a permit:
(1) the projected actual emissions or
potential to emit, as appropriate, of each applicable nonattainment
contaminant(s) for a proposed NSR major modification; and
(2) any LAER limitation.
(b) A revised air quality impact evaluation
must be submitted, if applicable, if the internal offset or emission offset
list changes after the department provides a notice of complete application in
accordance with Part 621 of this Title, and a supplemental public notice must
be provided in accordance with subdivision (c) of this section.
(c) 'Supplemental public notice requirements
for ERCs used as an internal offset or emission offset'.
(1) A supplemental public notice is required
prior to final permit issuance, if the list of ERCs provided as internal of f
sets or emission offsets is changed or finalized after the date the notice of
complete application. Such notice will be provided in accordance with Part 621
of this Title.
(2) A significant
permit modification in accordance with Part 201 of this Title, and supplemental
public notice are required if the list of facilities providing ERCs is changed
after final permit issuance and prior to commencement of operation. Such notice
will be provided in accordance with Part 621 of this Title.
(d) A petition for party status pursuant to
the supplemental notice provisions based on an offer of proof that raises
substantive and significant issues related to internal offset or emission
offset requirements of this Part will not be considered as late filed petitions
for party status pursuant to Part 624 of this Title.
(e) 'Offset confirmation prior to the
commencement of operation'. At least 60 days prior to the date a proposed
modification commences operation, the permittee must submit an application to
the department if there are any proposed changes to the approved list of
internal offset or emission offset sources included in the permit for that
facility. For each such change, the applicant must submit another use of
emission reduction credits form signed by the applicant and an authorized
representative of the new offset source.
(f) 'Future ERCs'. The permittee must submit
prior to permit issuance a copy of each modified permit establishing future
ERCs. The permittee must also submit a letter to the department stating that
the future reductions have physically occurred. The letter shall be submitted
as follows:
(1) no less than 10 working days
prior to the date the proposed new or modified facility commences operation,
except for a functional replacement of an existing emission source(s);
or
(2) by the conclusion of the
facility shakedown period, as identified under section
231-3.8
of this Part, for a functional replacement of an existing emission
source(s).
(g) 'Canceled
or abandoned projects'. Prior to the commencement of operation, a facility
owner or operator may notify the department of their intention to abandon the
project and request a return of ERCs committed for use as an internal offset or
emission offset. Following the department's approval of such request and
rescission of the permit, the department will return the unused ERCs to the ERC
Registry.
Notes
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