N.Y. Comp. Codes R. & Regs. Tit. 6 § 231-9.5 - Permit contents
The following terms and conditions, at a minimum, must be included in a permit which establishes a PAL:
(a) The PAL contaminant, the applicable
facility-wide emission limitation in tpy, and required monitoring provisions
consistent with this section.
(b)
The effective date of the permit and the expiration date of the PAL (PAL
effective period).
(c) The emissions
calculations to be used for compliance purposes. These calculations must
include emissions from start-ups, shutdowns, and malfunctions.
(d) The procedures to convert the monitoring
system data to monthly emissions and annual emissions based on a 12-month
rolling total as required by this Subpart.
(e) 'Monitoring requirements'.
(1) General requirements.
(i) A requirement that the monitoring system
accurately determines facility emissions of the PAL contaminant in terms of
mass per unit of time according to the criteria contained in the following
paragraphs of this section as applicable.
(ii) The PAL monitoring system must employ
one or more of the four monitoring approaches meeting the minimum requirements
set forth in paragraph (2) of this subdivision. If the facility utilizes CEMS
to monitor a particular contaminant for which a PAL is sought, the facility
must use the CEMS data to demonstrate compliance with the
PAL.
(2) Minimum
performance requirements for approved monitoring approaches. The following are
acceptable monitoring approaches when conducted in accordance with the minimum
requirements in paragraphs (3) through (9) of this subdivision:
(i) mass balance calculations for activities
using coatings or solvents;
(ii)
CEMS;
(iii) other monitoring
systems as approved by the department; and
(iv) emission factors.
(3) Mass balance calculations. A facility
using mass balance calculations to monitor PAL contaminant emissions from
activities using coating or solvents must meet the following requirements:
(i) provide a demonstrated means of
validating the published content of the PAL contaminant that is contained in or
created by all materials used in or at the emission source;
(ii) assume that the emission source emits
all the PAL contaminant that is contained in or created by any raw material or
fuel used in or at the emission source, if it cannot otherwise be accounted for
in the process;
(iii) where the
vendor of a material or fuel, which is used in or at the emission source,
publishes a range of contaminant content from such material, the facility must
use the highest value of the range to calculate the PAL contaminant emissions
unless the department determines there is site specific data or a site specific
monitoring program to support another content within the
range.
(4) CEMS. A
facility using CEMS to monitor PAL contaminant emissions must meet the
following requirements:
(i) CEMS must comply
with applicable performance specifications found in either 40 CFR part 60, appendix B, or 40 CFR part 75.
(ii)
CEMS must sample, analyze and record data at least every 15 minutes while the
emission source is operating.
(5) Other monitoring systems. A facility
using other monitoring systems to monitor PAL contaminant emissions must meet
the following requirements:
(i) the monitoring
system must be based on current site specific data demonstrating a correlation
between the monitored parameter(s) and the PAL contaminant emissions across the
range of operation of the emission source; and
(ii) each monitoring system must sample,
analyze, and record data at least every 15 minutes, or at another less frequent
interval approved by the department, while the emission source is
operating.
(6) Emission
factors. A facility using emission factors to monitor PAL contaminant emissions
must meet the following requirements:
(i) all
emission factors must be adjusted, if appropriate, to account for the degree of
uncertainty or limitations in the factors development;
(ii) the emission source must operate within
the designated range of use for the emission factor, if applicable;
and
(iii) if technically
practicable, any facility with a significant PAL emission source that relies on
an emission factor to calculate PAL contaminant emissions must conduct
validation testing to determine a site specific emission factor within six
months of permit issuance, unless the department determines that testing is not
required.
(7) A facility
owner or operator must record and report maximum potential emissions without
considering enforceable emission limitations or operational restrictions for an
emission source during any period of time that there is no monitoring data,
unless another method for determining emissions during such periods is
specified in the permit.
(8)
Notwithstanding the requirements in paragraphs (3) through (7) of this
subdivision, where an owner or operator of a facility cannot demonstrate a
correlation between the monitored parameter(s) and the PAL contaminant
emissions rate at all operating points of the emission source, the department
must include in the permit default value(s) for determining compliance with the
PAL based on the highest potential emissions reasonably estimated at such
operating point(s). Alternatively, the department must determine that operation
of the emission source during circumstances where there is no correlation
between monitored parameter(s) and the PAL contaminant emissions is a violation
of the PAL.
(9) Re-validation. All
data used to establish the PAL contaminant must be re-validated through
performance testing or other scientifically valid means approved by the
department. Such testing must occur at least once every five years after
issuance of the PAL.
(f)
'Recordkeeping requirements'.
(1) The facility
must retain a copy of all records necessary to determine compliance with any
requirement of this Subpart and of the PAL, including a determination of each
emission source's 12-month rolling total emissions, for five years from the
date of such record.
(2) The
facility must retain a copy of the following records for the duration of the
PAL effective period plus five years:
(i) a
copy of the permit application and any applications for revisions to the PAL;
and
(ii) each annual certification
of compliance pursuant to Part 201 of this Title and the data relied on for
such certification.
(3)
The records must be maintained on-site or at an alternative location approved
by the department. Such records may be retained in an electronic
format.
(g) 'Reporting and
notification requirements'. Semi-annual monitoring reports and prompt deviation
reports must be submitted to the department. The reports must meet the
requirements in this section and Subpart 231-11 of this Part.
(1) Semi-annual report. The semi-annual
report must be submitted to the department within 30 days of the end of each
reporting period, and include the following:
(i) total annual emissions (tons/year) based
on a 12-month rolling total for each month in the reporting period recorded
pursuant to paragraph (f)(1) of this section.
(ii) all data relied upon, including, but not
limited to, any quality assurance or quality control data, in calculating the
monthly and annual PAL contaminant emissions;
(iii) a list of any emission sources modified
or added to the major facility during the preceding six-month period;
(iv) the number, duration, and cause of any
deviations or monitoring malfunctions (other than the time associated with zero
and span calibration checks), and any corrective action taken; and
(v) a notification of the shutdown of any
monitoring system stating, whether the shutdown was permanent or temporary, the
reason for the shutdown, the anticipated date that the monitoring system will
be fully operational or replaced with another monitoring system, and whether
the emission source monitored by the monitoring system continued to operate.
The notification shall also include a calculation of the emissions of the PAL
contaminant according to the provisions in paragraph (e)(7) of this
section.
(2) Deviation
report. The major facility owner or operator must promptly submit a report of
any deviations or exceedance of the PAL requirements, including periods where
no monitoring is available. The deviation report must be submitted within the
time limits prescribed by Part 201 of this Title and the Title V permit. A
deviation report submitted in accordance with Subpart 201-6 of this Title will
satisfy this reporting requirement. The report must contain, among other
information required under Subpart 201-6 of this Title, identification of the
owner or operator, the PAL requirement that experienced the deviation or that
was exceeded, emissions resulting from the deviation or exceedance, and a
signed statement by the responsible official as defined by the applicable title
V permit certifying the truth, accuracy, and completeness of the information
contained in the report.
(3)
Re-validation results. The owner or operator must submit to the department the
results of any re-validation test or method within three months after
completion of such test or method.
(h) Provisions which implement the
monitoring, recordkeeping, and reporting and notification requirements
contained in this Subpart and any other requirements that the department deems
necessary to implement and enforce the PAL.
Notes
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