N.Y. Comp. Codes R. & Regs. Tit. 6 § 231-8.5 - General requirements
The following provisions are also applicable for the review of applications under this Subpart.
(a) 'Ambient air increments'. Concentration
limitations necessary to assure that in areas designated as Federal class I,
class II, or class III, increases in any regulated NSR contaminant
concentration over the baseline concentration do not exceed those listed in
Subpart 231-12 of this Part.
(b)
'Ambient air ceilings'. For any regulated NSR contaminant for a period of
exposure, no concentration of that regulated NSR contaminant is allowed to
exceed the lower of the following:
(1) the
concentration permitted under the national secondary ambient air quality
standard; or
(2) the concentration
permitted under the national primary ambient air quality
standard.
(c)
'Restrictions on area classifications and redesignation'.
(1) All areas of the State are designated
class II as identified in department policy documents, but may be redesignated
as provided in this subdivision.
(2) The following areas may be redesignated
only as Federal class I:
(i) an area which as
of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a
national primitive area, a national preserve, a national recreational area, a
national wild and scenic river, a national wildlife refuge, a national
lakeshore or seashore; and
(ii) a
national park or national wilderness area established after August 7, 1977,
which exceeds 10,000 acres in size.
(3) The State may submit to the administrator
a proposal to redesignate areas in the State as class I according to the
provisions established by
40 CFR part
51.166.
(d) 'Exclusions from increment consumption'.
(1) The following concentrations must be
excluded in determining compliance with the maximum allowable ambient air
increment:
(i) concentrations attributable to
the increase in emissions from facilities which have converted from the use of
petroleum products, natural gas, or both by reason of an order in effect under
section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of
1974 (or any superseding Federal legislation) over the emissions from such
facilities before the effective date of such an order;
(ii) concentrations attributable to the
increase in emissions from facilities which have converted from using natural
gas by reason of any applicable natural gas curtailment plan in effect pursuant
to the Federal Power Act (or any other superseding Federal legislation) over
the emissions from such facilities before the effective date of such
plan;
(iii) concentrations
attributable to the increase in emissions from construction of other temporary
emission related activities at the facility;
(iv) increase in concentrations attributable
to new facilities outside the United States over the concentrations
attributable to existing facilities which are included in the baseline
concentration; and
(v) for
subparagraphs (i) and (ii) of this paragraph, no exclusion of such
concentrations applies more than two years after the effective date which is
applicable. If both such order and plan are applicable, no such exclusion
applies more than five years after the later of such effective
dates.
(2) Concentrations
attributable to the temporary increase in emissions of
SO2, PM, or NOx from facilities
which are limited to less than one year in duration are excluded, provided the
department:
(i) approves the time over which
the temporary emissions increase of SO2, PM, or
NOx would occur;
(ii) specifies that the time period for
excluding certain contributions in accordance with this subdivision, is not
renewable;
(iii) allows no
emissions increase from a facility which would:
('a') impact a Federal class I area or an
area where an applicable increment is known to be violated; or
('b') cause a violation or contribute to a
known violation of a national ambient air quality standard;
(iv) requires limitations to be in effect at
the end of the time period specified in accordance with this subdivision, which
would ensure that the emissions levels from facilities would not exceed those
levels occurring from such facilities before the exclusion was
approved.
(e)
'Stack heights'. The degree of emission limitation required for control of any
regulated NSR contaminant under this Subpart must not be affected in any manner
by:
(1) a stack height, not in existence
before December 31, 1970, as exceeds good engineering practice, pursuant to
40
CFR 51.100(ii); or
(2) any other dispersion technique not
implemented before December 31, 1970.
(f) 'Requirements for sources impacting
Federal class I areas:'
(1) Notice to EPA and
Federal land manager. The department or the applicant, at the request of the
department, shall submit a copy of the permit application and all relevant
information to the EPA region 2 office and the Federal land manager within 30
days of receipt of the application.
(2) Federal land manager. The Federal land
manager and the Federal official charged with direct responsibility for
management of such lands have an affirmative responsibility to protect the
AQRVs (including visibility) of such lands and to consider, in consultation
with the department, whether a proposed new or modified facility will have an
adverse impact on such values.
(3)
Visibility analysis and AQRV analysis. The department must consider any
analysis performed by the Federal land manager, provided prior to the date of
publication of the draft permit that shows that a proposed new major facility
may have an adverse impact on visibility or other AQRV in any Federal class I
area. Where the department finds that such an analysis does not demonstrate to
the satisfaction of the department that an adverse impact on visibility or
other AQRV will result in the Federal class I area, the department must, in the
notice of public hearing on the permit application, either explain its decision
or give notice as to where the explanation can be obtained.
(4) Denial of a permit based on adverse
impact on AQRVs. The Federal land manager of any such lands may demonstrate to
the department that the emissions from a proposed modification to a facility
would have an adverse impact on the AQRVs (including visibility) of those
lands, notwithstanding that the change in air quality resulting from emissions
from the proposed modification to the facility would not cause or significantly
contribute to concentrations which would exceed the maximum allowable increases
for a Federal class I area. If the department concurs with such demonstration,
then it must not issue the permit.
(5) Federal class I variances. The owner or
operator of a facility proposing a modification may demonstrate to the Federal
land manager that the emissions from the modification to the facility would
have no adverse impact on the air quality related values (including visibility)
of any such lands, notwithstanding that the change in air quality resulting
from emissions from the modification to the facility would cause or contribute
to concentrations which would exceed the maximum allowable increases for a
Federal class I area. If the Federal land manager concurs with such
demonstration and so certifies, provided that the applicable requirements of
this section are otherwise met, the State may issue the permit with such
emission limitations as may be necessary to assure that emissions of
SO2, PM, and NOx would not exceed
the maximum allowable increases over minor source baseline concentration as
listed in table 7 of Subpart 231-13 of this Part.
(6) SO2 variance by
governor of the Federal class I area with Federal land manager's concurrence.
The owner or operator of a facility proposing a modification which cannot be
approved under paragraph (4) of this subdivision may demonstrate to the
governor of the Federal class I area that the modification to the facility
cannot be constructed by reason of any maximum allowable increase for
SO2 for a period of 24 hours or less applicable to any
Federal class I area, and that a variance under this paragraph would not
adversely affect the air quality related values of the area (including
visibility). The governor of the Federal class I area, after consideration of
the Federal land manager's recommendation (if any) and subject to his or her
concurrence, may, after notice and public hearing, grant a variance from such
maximum allowable increase. If such variance is granted, the department will
issue a permit to the facility, provided that the applicable requirements of
this Subpart are otherwise met. In this instance, the
SO2 concentrations must meet the maximum allowable
increase in SO2 concentrations in table 8 of Subpart
231-13 of this Part.
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.
No prior version found.