reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
On or after February 19, 2009, any owner and/or operator
						of a proposed new or modified facility, for which a complete application (as
						defined in section
						621.2  of this Title)
						has not been submitted to the department, must comply with the provisions of
						this Subpart and Subparts 231-4 through 231-13 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.3 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any applicant
					 for a proposed new or modified facility which is subject to this Part may
					 petition the department and the administrator of the United States
					 Environmental Protection Agency, in accordance with
					 42 U.S.C. section
					 7511a(f), for a
					 determination that net air quality benefits are greater in the absence of
					 reductions of oxides of nitrogen from the facility. In addition, this Part
					 shall not apply to facilities in nonattainment areas within the ozone transport
					 region if the administrator determines, in accordance with section 7511a(f),
					 that reductions of NO x would not produce net ozone air
					 quality benefits, or facilities in nonattainment areas outside the ozone
					 transport region if the administrator determines, in accordance with section
					 7511a(f), that reductions of NO x would not contribute
					 to attainment of the national ambient air quality standard for ozone in the
					 area. To the extent that such a petition is granted by both the department and
					 the administrator, consistent with the act, the requirements of this Part for
					 the proposed new or modified facility with respect to emissions of NO
					 x shall not apply.
(b) The facility is exempt from this Part if
					 it is major based only on the addition of fugitive emissions and does not
					 belong to one of the source categories listed in section
					 201-2.1(b)(21)(iii) 
					 of this Title.
(c) The provisions
					 of Subparts 231-7 and 231-8 of this Part do not apply to a new or modified
					 facility as follows:
(1) the facility or
					 emission source is portable and has previously received a permit under
					 requirements equivalent to those contained in this Part, if:
(i) the facility or emission source proposes
					 to relocate and emissions of the facility or emission source at the new
					 location would be for less than one year;
(ii) the emissions from the facility would
					 not exceed its emission limit(s) established in a permit;
(iii) the emissions from the facility would
					 impact no Federal class I area and no area where an applicable increment is
					 known to be violated; and
(iv)
					 reasonable notice is given to the department prior to the relocation
					 identifying the proposed new location and the probable duration of operation at
					 the new location. Such notice must be given to the department not less than 10
					 days in advance of the proposed relocation unless a different time duration is
					 previously approved by the department; or
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.4 - General prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
Construction and operation prohibited. No owner or
						operator of a proposed major facility, NSR major modification, or existing
						major facility which undertakes a significant modification but avoids NSR
						applicability through netting, shall be allowed to begin actual construction,
						commence operation, or operate such new facility or modification, as
						appropriate, without a permit which incorporates the requirements of this Part.
						This provision shall not affect any requirement under Part 201 of this Title
						for an owner and/or operator to obtain a permit or permit modification prior to
						beginning actual construction, commencing operation or operating a new or
						modified facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.5 - Source obligation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 issuance of a permit does not relieve any owner or operator of the
					 responsibility to comply fully with applicable provisions of the State
					 Implementation Plan.
(b) For the
					 purposes of Subparts 231-7 and 231-8 of this Part only, at such time that a
					 particular facility becomes a major facility or a modification becomes a NSR
					 major modification solely by virtue of a relaxation in any enforceable
					 limitation which was established after August 7, 1980, on the capacity of the
					 facility or modification otherwise to emit a regulated NSR contaminant, such as
					 a restriction on hours of operation, then the requirements of Subparts 231-7
					 and 231-8 of this Part, as applicable, apply to the facility as though
					 construction had not yet commenced on the facility.
(c) Any owner or operator of a facility that
					 proposes a project that involves a physical change or change in the method of
					 operation that the owner or operator determines would be followed by a facility
					 emissions increase that exceeds baseline actual emissions and that equals or
					 exceeds any of the significant project thresholds in Subpart 231-13 of this
					 Part, table 3, 4 or 6, must notify the department in writing of the proposed
					 project prior to implementing the change if the owner or operator determines
					 that the project does not constitute a modification because all the emission
					 increases are attributable to independent factors in accordance with section
					 231-4.1(b)(42)(i) 
					 ('c') of this Part. The notification shall include the following:
(1) a description of the change;
(2) the calculation of the projected
					 emissions increase;
(3) the
					 proposed date of the change; and
(4)
					 an explanation of the factual basis for the conclusion that none of the
					 projected emission increases are attributable to the proposed
					 project.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.6 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permit
					 applications for proposed new and modified facilities subject to this Part will
					 be processed in accordance with Parts 201 and 621 of this Title.
(b) In accordance with section 165(c) of the
					 act, the department will make a final determination on an application submitted
					 pursuant to Subpart 231-7 or Subpart 231-8 of this Part within one year of
					 filing a complete application as defined in section
					 621.2  of this
					 Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.7 - Requirement to commence construction

Current through Register Vol. 46, No. 28, July 10, 2024
The existence of a valid permit shall not be construed as
						authorizing construction if construction is not commenced within 18 months
						after the date of permit issuance, if construction is discontinued for a period
						of 18 months or more, or if construction is not completed within a reasonable
						time as determined by the department. The department may grant one extension
						for a period not to exceed 18 months upon a satisfactory showing that an
						extension is justified. A permit shall become subject to revocation or
						modification if construction is not commenced and completed as provided in this
						section. This provision does not apply to the time period between the
						completion and start of construction, of the approved phases, of a phased
						construction project; each phase must commence construction within 18 months of
						its projected and approved commencement date.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.8 - Facility shakedown period

Current through Register Vol. 46, No. 28, July 10, 2024
Upon commencement of operation, as defined in section
						231-4.1(b)(13) 
						of this Part, of a major facility or new or modified emission source(s) at an
						existing facility, the owner or operator is allowed a shakedown period for such
						major facility or modified emission source(s) according to the following
						provisions:
(a) The shakedown period
					 shall not exceed 180 days from the date of commencement of operation. For
					 existing facilities, each emission source included in the project may have a
					 separate date for commencement of operation. The department may specify a
					 shakedown period of less than 180 days in a permit.
(b) The total mass emissions during the
					 shakedown period must be quantified, in a manner approved by the department,
					 and are to be included in the calculation demonstrating compliance with the
					 permitted annual limit in tons per year (tpy) of the facility or emission
					 source(s).
(c) Emission limits other
					 than annual emission limitations do not apply to a major facility or new or
					 modified emission source(s) at an existing facility during the shakedown
					 period. However, the owner or operator must make all reasonable efforts to
					 minimize emissions during the shakedown period.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.9 - Circumvention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An owner or
					 operator of a facility may not circumvent this Part by causing or allowing a
					 pattern of ownership or development, including the phasing, staging, delaying,
					 or engaging in incremental construction at a facility which, except for the
					 pattern of ownership or development, would otherwise require a
					 permit.
(b) The sale or other
					 transfer of a facility to a new owner or operator does not relieve the new
					 owner or operator from the requirement to obtain a permit and operate the
					 facility in conformance with the requirements of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.10 - Severability clause

Current through Register Vol. 46, No. 28, July 10, 2024
Each provision of this Part shall be deemed severable,
						and in the event that any provision o f this Part is held to be in valid, the
						remainder of this Part will continue in full force and
						effect.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-3 - General Provisions › Section 231-3.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-4 - Definitions › Section 231-4.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
					 otherwise defined in this section, the general definitions of Parts 200 and 201
					 of this Title apply.
(b) For the
					 purposes of this Part the following definitions also apply:
(1) 'Actual emissions'. For the purposes of
					 determining the baseline concentration, and the calculation of air quality
					 impacts according to section
					 231-12.2 
					 of this Part, the actual rate of emissions of a regulated NSR contaminant from
					 an emission source, as determined in accordance with the following
					 subparagraphs:
(i) actual emissions as of a
					 particular date shall equal the rate at which the emission source actually
					 emitted the regulated NSR contaminant during the 24 consecutive month period
					 which precedes the particular date and which is representative of normal
					 emission source operation. The department will allow the use of a different
					 time period upon a determination that it is more representative of normal
					 facility operation. Actual emissions shall be calculated using the emission
					 source's actual operating hours, production rates, and types of materials
					 processed, stored, or combusted during the selected time period;
(ii) the department may presume that facility
					 specific allowable emissions for the emission source are equivalent to the
					 actual emissions of the emission source; and
(iii) for any emission source that has not
					 commenced operation on the particular date, actual emissions shall equal the
					 potential to emit of the emission source on that date.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-5 - New Major Facilities and Modifications to Existing Non-Major Facilities in Nonattainment Areas, and Attainment Areas of the State Within the Ozone Transport Region › Section 231-5.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 requirements of this Subpart apply, in nonattainment areas and attainment areas
					 of the State within the ozone transport region, to the construction and/or
					 operation of:
(1) any proposed facility which
					 has the potential to emit a nonattainment contaminant in an amount that equals
					 or exceeds the applicable major facility threshold, in tables 1 or 2 of Subpart
					 231-13 of this Part, for that contaminant; or
(2) a modification to an existing non-major
					 facility which has a project emission potential for any nonattainment
					 contaminant that equals or exceeds the applicable major facility threshold, in
					 tables 1 or 2 of Subpart 231-13 of this Part, for that contaminant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-5 - New Major Facilities and Modifications to Existing Non-Major Facilities in Nonattainment Areas, and Attainment Areas of the State Within the Ozone Transport Region › Section 231-5.2 - Permit application content

Current through Register Vol. 46, No. 28, July 10, 2024
The information required in a permit application is set
						forth in Part 201 of this Title and generally in Subpart 231-11 of this Part.
						The following information must also be included at the time the application is
						submitted to the department, unless otherwise specified:
(a) A certification that all emission sources
					 which are part of any major facility located in New York State and under the
					 applicant's ownership or control (or under the ownership or control of any
					 entity which controls, is controlled by, or has common control with the
					 applicant) are in compliance, or are on a schedule for compliance, with all
					 applicable emission limitations and standards under Chapter III of this
					 Title.
(b) An analysis of
					 alternative sites, sizes, production processes, and environmental control
					 techniques which demonstrates that benefits of the proposed new or modified
					 facility significantly outweigh the environmental and social costs imposed as a
					 result of its location, construction, or modification within New York
					 State.
(c) A LAER analysis in
					 accordance with section
					 231-5.4 
					 of this Subpart.
(d) 'Emission
					 offset information for VOC or NOx'. At the time of the
					 initial permit application or before the department issues a final permit
					 determination, the applicant must submit:
(1)
					 a list which identifies the source(s) of approved or proposed ERCs of VOC or
					 NOx that will be used as required emission offsets. This
					 list must include the name and location of the facility, DEC identification
					 number, if applicable, and the emission reduction mechanism ('i.e.', facility
					 shutdown, emission unit shutdown, source reduction, curtailment, over control
					 of emissions beyond an applicable limit). All the proposed ERCs must be
					 certified prior to the issuance of the final permit; and
(2) a use of emission reduction credits form
					 (duly completed and signed by the applicant and an authorized representative of
					 the ERC seller) for each ERC source listed in paragraph (1) of this
					 subdivision. Upon issuance of the permit for the proposed new or modified
					 facility, the NYS ERC Registry will be amended to reflect that the ERCs are
					 committed as emission offsets to the proposed new or modified facility;
					 and
(3) for emissions of VOC or
					 NOx in an ozone nonattainment area, acceptable
					 documentation of compliance with the contribution demonstration required
					 pursuant to Subpart 231-12 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-5 - New Major Facilities and Modifications to Existing Non-Major Facilities in Nonattainment Areas, and Attainment Areas of the State Within the Ozone Transport Region › Section 231-5.3 - Permit content and terms of issuance

Current through Register Vol. 46, No. 28, July 10, 2024
The permit content and terms of issuance a reset forth
						generally in Subpart 231-11 o f th is Part. In addition, the following
						provisions apply:
(a) The following
					 emission limitations, as applicable, shall be established in a permit:
(1) the potential to emit of all applicable
					 nonattainment contaminants of a proposed facility;
(2) the potential to emit each applicable
					 nonattainment contaminant of a modification at an existing non-major facility
					 which has a project emission potential for any nonattainment contaminant that
					 exceeds the major facility threshold for that contaminant; and
(3) any applicable LAER limitation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-5 - New Major Facilities and Modifications to Existing Non-Major Facilities in Nonattainment Areas, and Attainment Areas of the State Within the Ozone Transport Region › Section 231-5.4 - Lowest achievable emission rate (laer)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a proposed new or modified facility
					 LAER is required for each emission source which emits a nonattainment
					 contaminant for which the new facility or modification is major.
(b) In establishing the final LAER limit, the
					 department may consider any new information, including recent permit decisions,
					 or public comment received, subsequent to the submittal of a complete
					 application.
(c) LAER will not to
					 be established in final form until the final permit is issued.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-5 - New Major Facilities and Modifications to Existing Non-Major Facilities in Nonattainment Areas, and Attainment Areas of the State Within the Ozone Transport Region › Section 231-5.5 - Emission offset requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Emission offset applicability'.
(1) A proposed new facility which is subject
					 to this Subpart must offset its potential to emit for each nonattainment
					 contaminant for which it equals or exceeds the major facility
					 threshold.
(2) A proposed
					 modification to an existing non-major facility must offset its project emission
					 potential for each nonattainment contaminant for which the project emission
					 potential equals or exceeds the major facility threshold.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-6 - Modifications to Existing Major Facilities in Nonattainment Areas and Attainment Areas of the State within the Ozone Transport Region › Section 231-6.2 - Netting

Current through Register Vol. 46, No. 28, July 10, 2024
This section sets forth the procedures for avoiding a NSR
						major modification where the proposed modification exceeds the significant
						project threshold(s) but does not result in a significant net emission
						increase.
(a) General requirements.
(1) A net emission increase determination
					 shall be confined to the appropriate contemporaneous period for a proposed
					 modification.
(2) Any ERC which is
					 used in a net emission increase determination must have physically occurred on
					 or after the applicable date listed in section 231- 6.6(c) of this
					 Subpart.
(3) A net emission
					 increase determination will only be allowed at an existing major
					 facility.
(4) Any creditable
					 emission increase or ERC must be of the same class of nonattainment
					 contaminant. For example, only NO x emissions shall be
					 used for netting of new NO x emissions, only PM-2.5
					 shall be used for netting of new PM-2.5 emissions.
(5) Any creditable emission increase or ERC
					 which is used in a net emission increase determination must occur at the same
					 major facility as the proposed modification.
(6) Any creditable emission increase from an
					 emission source issued a permit for which an emission offset or an internal
					 offset was obtained, shall not be considered in any subsequent net emission
					 increase determination.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-6 - Modifications to Existing Major Facilities in Nonattainment Areas and Attainment Areas of the State within the Ozone Transport Region › Section 231-6.4 - Permit content and terms of issuance

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-6 - Modifications to Existing Major Facilities in Nonattainment Areas and Attainment Areas of the State within the Ozone Transport Region › Section 231-6.5 - Lowest achievable emission rate (LAER)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a proposed NSR major modification,
					 LAER is required for each emission source which is part of the proposed
					 modification and emits the applicable nonattainment contaminant.
(b) In establishing the final LAER limit, the
					 department may consider any new information, including recent permit decisions,
					 or public comment received, subsequent to the submittal of a complete
					 application.
(c) LAER will not be
					 established in final form until the final permit is
					 issued.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-6 - Modifications to Existing Major Facilities in Nonattainment Areas and Attainment Areas of the State within the Ozone Transport Region › Section 231-6.6 - Emission offset requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Emission offset applicability'. For a
					 NSR major modification, the project emission potential must be
					 offset.
(b) 'Offset ratio'.
(1) An emission offset of VOC or
					 NOx must exceed the corresponding project emission
					 potential (subsequent to application of LAER), as appropriate, by the
					 applicable offset ratio specified in Subpart 231-13 of this Part. A greater
					 offset ratio may be required, on a case by case basis, to provide an acceptable
					 contribution demonstration as set forth in this section.
(2) An emission offset of PM-10 must at least
					 equal (offset ratio of one to one or greater) the corresponding project
					 emission potential (subsequent to application of LAER), as appropriate, by the
					 applicable offset ratio specified in Subpart 231-13 of this Part. A greater
					 offset ratio may be required to provide a net air quality benefit as set forth
					 in this section.
(3) An emission
					 offset of PM-2.5 (including applicable precursors) must at least equal (offset
					 ratio of one to one or greater) the corresponding facility potential to emit or
					 project emission potential of the same pollutant (subsequent to application of
					 LAER), as appropriate, by the applicable offset ratio specified in Subpart
					 231-13 of this Part. A greater offset ratio may be required to provide a net
					 air quality benefit as set forth in this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-6 - Modifications to Existing Major Facilities in Nonattainment Areas and Attainment Areas of the State within the Ozone Transport Region › Section 231-6.7 - Internal offset requirements, severe ozone nonattainment area only

Current through Register Vol. 46, No. 28, July 10, 2024
This section represents a mechanism for avoiding a
						determination of applicability of this Part, for emissions of VOC or
						NOx in the severe ozone nonattainment area only, in
						those instances where a NSR major modification is proposed at an existing major
						facility and a net emission increase determination of non-applicability is not
						possible.
(a) 'Internal offset
					 applicability'. An internal offset shall be considered for purposes of
					 determining applicability or degree of control required under section
					 231-6.1(d)(1) or
					 (2)  of this Subpart for a proposed NSR major
					 modification.
(b) Use of a
					 NOx or VOC ERC as part of an internal offset. An ERC
					 shall meet the following conditions to be used as part of an internal offset:
(1) an ERC shall come from an emission source
					 within the same existing major facility as a proposed NSR major
					 modification;
(2) an ERC shall have
					 physically occurred on or after November 15, 1990, but need not be
					 contemporaneous with a proposed NSR major modification for which the reduction
					 is used; and
(3) an ERC, or portion
					 thereof, shall be included as a condition in the permit for the proposed NSR
					 major modification for which the reduction is
					 used.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-7 - New Major Facilities and Modifications to Existing Non-major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-7.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 requirements of this Subpart apply in attainment areas of the State to the
					 construction and/or operation of:
(1) any
					 proposed facility which has the potential to emit a regulated NSR contaminant
					 in an amount that equals or exceeds the applicable major facility threshold, in
					 table 5 of Subpart 231-13 of this Part, for that contaminant; or
(2) a modification to an existing non-major
					 facility which has a project emission potential for any regulated NSR
					 contaminant that equals or exceeds the applicable major facility threshold, in
					 table 5 of Subpart 231-13 of this Part, for that contaminant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-7 - New Major Facilities and Modifications to Existing Non-major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-7.2 - Pre-application analysis

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to submitting a permit application, the facility
						owner or operator must comply with the requirements of section
						231-12.3 
						(pre-application analysis for Subparts 231-7 and 231-8) of this
						Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-7 - New Major Facilities and Modifications to Existing Non-major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-7.3 - Permit application content

Current through Register Vol. 46, No. 28, July 10, 2024
The information required in a permit application is set
						forth in Part 201 of this Title and generally in Subpart 231-11 of this Part.
						In addition, the following information must be included with the permit
						application at the time the application is submitted to the department, unless
						otherwise specified:
(a) 'Air quality
					 impact analyses according to Subpart 231-12 of this Part';
(b) 'A BACT review in accordance with section
					 231-7.6 
					 of this Part';
(c) 'Source impact
					 analysis'. The applicant must demonstrate according to the provisions of
					 Subpart 231-12 (Ambient Air Quality Impact Analysis) of this Part that
					 allowable emission increases from the proposed new or modified facility, in
					 conjunction with all other applicable emissions increases or reductions
					 (including secondary emissions), would not cause or significantly contribute to
					 air pollution in violation of:
(1) any
					 national ambient air quality standard in any air quality control
					 region;
(2) any applicable maximum
					 allowable increase over the baseline concentration in any area; or
(3) any other applicable requirements
					 identified in Subpart 231-12 of this Part, and section
					 231-7.4(f) 
					 of this Subpart including visibility and air quality related value (AQRV)
					 analyses for Federal class I areas, as applicable;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-7 - New Major Facilities and Modifications to Existing Non-major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-7.4 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-7 - New Major Facilities and Modifications to Existing Non-major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-7.5 - Permit content and terms of issuance

Current through Register Vol. 46, No. 28, July 10, 2024
The permit content and terms of issuance a reset forth
						generally in Subpart 231-11 o f this Part. In addition, the following emission
						limitations, as applicable, shall be established in a permit:
(a) the potential to emit of each regulated
					 NSR contaminant with emissions greater than the applicable significant project
					 threshold from the proposed facility;
(b) the potential to emit of a modification
					 at an existing non-major facility which has a project emission potential for
					 any regulated NSR contaminant that exceeds the significant project threshold
					 for that contaminant; and
(c) any
					 BACT limitations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-7 - New Major Facilities and Modifications to Existing Non-major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-7.6 - Best available control technology (bact)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a proposed new or modified facility,
					 BACT is required for each emission source that is part of the proposed new
					 facility or modification, for all regulated NSR contaminants to be emitted by
					 the proposed new facility or modification which equal or exceed the applicable
					 significant project threshold listed in table 6 of Subpart 231-13 of this
					 Part.
(b) For phased construction
					 projects, the determination of BACT must be reviewed and modified as
					 appropriate at the latest reasonable time which occurs no later than 18 months
					 prior to commencement of construction of each independent phase of the project.
					 At such time, the applicant may be required to demonstrate the adequacy of any
					 previous determination of BACT for the new or modified facility.
(c) In establishing the final BACT limit, the
					 department may consider any new information, including recent permit decisions,
					 or public comment received, subsequent to the submittal of a complete
					 application.
(d) BACT will not be
					 established in final form until the final permit is issued.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-8 - Modifications to Existing Major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-8.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this Subpart apply to the
						construction and/or operation of any proposed modification at an existing major
						facility located in an attainment area of the State as follows:
(a) For a modification with a project
					 emission potential, calculated utilizing projected actual emissions, which does
					 not equal or exceed the applicable significant project threshold in table 6 of
					 Subpart 231-13 of this Part, the facility owner or operator must comply with
					 the provisions of section
					 231-11.2 
					 of this Part.
(b) For a
					 modification with a project emission potential which equals or exceeds the
					 applicable significant project threshold in table 6 of Subpart 231- 13 of this
					 Part, but does not result in a NSR major modification, the facility owner or
					 operator must comply with the provisions of section
					 231-8.2  of this
					 Subpart.
(c) For a modification
					 which the facility determines will result in a NSR major modification, the
					 facility owner or operator must comply with the provisions of this Subpart as
					 appropriate.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-8 - Modifications to Existing Major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-8.2 - Netting

Current through Register Vol. 46, No. 28, July 10, 2024
This section sets forth the procedures for avoiding a NSR
						major modification, for all regulated NSR contaminants other than GHGs, where
						the proposed modification exceeds the significant project threshold(s) but does
						not result in a significant net emission increase.
(a) 'General requirements'.
(1) A net emission increase determination
					 shall be confined to the appropriate contemporaneous period for a proposed
					 modification.
(2) A net emission
					 increase determination will only be allowed at an existing major
					 facility.
(3) Any creditable
					 emission increase or ERC must be of the same class of regulated NSR
					 contaminant. For example, only NOx emissions shall be
					 used for netting of new NOx emissions, only PM-2.5 shall
					 be used for netting of new PM-2.5 emissions.
(4) Any creditable emission increase or ERC
					 which is used in a net emission increase determination must occur at the same
					 major facility as the proposed modification.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-8 - Modifications to Existing Major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-8.3 - Pre-application analysis

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to submitting a permit application, the facility
						owner or operator must comply with the requirements of section
						231-12.3 
						(pre-application analysis for Subparts 231-7 and 231-8) of this
						Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-8 - Modifications to Existing Major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-8.4 - Permit application content

Current through Register Vol. 46, No. 28, July 10, 2024
The information required in a permit application is set
						forth in Part 201 of this Title and generally in Subpart 231-11 of this Part.
						In addition, the following information must be included with the permit
						application for a NSR major modification, at the time the application is
						submitted to the department, unless otherwise specified:
(a) 'An air quality impact analyses according
					 to Subpart 231-12 of this Part';
(b) 'A BACT review in accordance with section
					 231-8.7 
					 of this Subpart';
(c) 'Source
					 impact analysis'. The applicant must demonstrate according to the provisions of
					 Subpart 231-12 of this Part that allowable emission increases from the proposed
					 modification, in conjunction with all other applicable emissions increases or
					 reductions (including secondary emissions), would not cause or significantly
					 contribute to air pollution in violation of:
(1) any national ambient air quality standard
					 in any air quality control region;
(2) any applicable maximum allowable increase
					 over the baseline concentration in any area; or
(3) any other applicable requirements
					 identified in Subpart 231-12 of this Part, and section
					 231-8.5(f) 
					 of this Subpart including visibility and air quality related value (AQRV)
					 analyses for Federal class I areas, as applicable;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-8 - Modifications to Existing Major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-8.5 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-8 - Modifications to Existing Major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-8.6 - Permit content and terms of issuance

Current through Register Vol. 46, No. 28, July 10, 2024
The permit content and terms of issuance for a NSR major
						modification are set forth generally in Subpart 231-1 1 of this Part. In
						addition, the following emission limitations, as applicable, shall be
						established in a permit:
(a) The
					 projected actual emissions or potential to emit, as appropriate, of each
					 applicable regulated NSR contaminant(s) for a proposed NSR major
					 modification.
(b) Any BACT
					 limitations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-8 - Modifications to Existing Major Facilities in Attainment Areas (Prevention of Significant Deterioration) › Section 231-8.7 - Best available control technology (BACT)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a proposed NSR major modification,
					 BACT is required for each emission source that is part of the proposed
					 modification, for all regulated NSR contaminants to be emitted by the proposed
					 modification which equal or exceed the applicable significant net emission
					 increase threshold listed in table 6 of Subpart 231-13 of this Part or, in the
					 case of GHGs, the applicable significant project threshold in table 6 of
					 Subpart 231-13 of this Part.
(b)
					 For phased construction projects, the determination of BACT must be reviewed
					 and modified as appropriate at the latest reasonable time which occurs no later
					 than 18 months prior to commencement of construction of each independent phase
					 of the project. At such time, the applicant may be required to demonstrate the
					 adequacy of any previous determination of BACT for the modification.
(c) In establishing the final BACT limit, the
					 department may consider any new information, including recent permit decisions,
					 or public comment received, subsequent to the submittal of a complete
					 application.
(d) BACT will not be
					 established in final form until the final permit is
					 issued.