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 203 - Oil and Natural Gas Sector › Subpart 203-7 - Leak Detection and Repair › Section 203-7.2 - LDAR Frequency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
					 Oil and Natural Gas Wells wellheads and components subject to Subpart 203-2,
					 each well site shall be inspected by OGI, Method 21 or similar approved
					 alternative method:
(1) Semiannually,
					 or
(2) One (1) time over
					 twenty-four (24) months if using an approved alternative method which offers
					 continuous monitoring.
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 203 - Oil and Natural Gas Sector › Subpart 203-7 - Leak Detection and Repair › Section 203-7.3 - Repair of leaks

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Upon detection of a leak from any equipment or component subject to this Part,
					 the owner or operator shall affix to that component a weatherproof, readily
					 visible tag that identifies the date and time of leak detection. The tag shall
					 remain affixed to the component until the following conditions are met:
(1) The leaking component has been
					 successfully repaired or replaced; and,
(2) The component has been re-inspected
					 utilizing one of the methods specified in Subpart 203-7.
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 203 - Oil and Natural Gas Sector › Subpart 203-8 - Vapor Collection Systems and Vapor Control Devices › Section 203-8.1 - Vapor collection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Beginning January 1, 2023, the following requirements apply to equipment that
					 must be controlled using a vapor collection system and control device pursuant
					 to the requirements specified in this Part.
(b) The vapor collection system shall direct
					 the collected vapors to one of the following:
(1) A sales gas system; or,
(2) A fuel gas system.
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 203 - Oil and Natural Gas Sector › Subpart 203-9 - Feasibility and Safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  repair or replacement may not be delayed unless it results in the following:
(1) a vented blowdown,
(2) a gathering and boosting station
				  shutdown,
(3) a well
				  shutdown,
(4) a well
				  shut-in,
(5) rationale for
				  continued operation is submitted to DEC to be later deemed technically
				  infeasible or unsafe by the New York State Department of Public Service or
				  other federal or state regulatory agency.
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 203 - Oil and Natural Gas Sector › Subpart 203-10 - Reporting and Recordkeeping › Section 203-10.1 - Baseline Report

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Applicability: This section applies to all sources as described in Section
					 203-1.1.
(b) Owners or operators of
					 components or processes subject to this Subpart must submit a report to the
					 Department by March 31, 2023 or by March 31st of the
					 year following initiation of operation.
(c) The report shall be in a format approved
					 by the Department and shall list the number and type of components, including
					 but not be limited to the following:
(1)
					 separators
(2) storage
					 vessels
(3) compressors
(4) gas drying systems
(5) pneumatic devices
(6) metering and regulating systems
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 203 - Oil and Natural Gas Sector › Subpart 203-10 - Reporting and Recordkeeping › Section 203-10.2 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reciprocating
					 Natural Gas Compressors.
(1) Maintain, for at
					 least five (5) years from the date of each leak concentration measurement, a
					 record of each rod packing leak concentration measurement found above the
					 minimum leak threshold as defined in Section 203-4.4.
(2) Maintain, for at least five (5) years
					 from the date of each emissions flow rate measurement, a record of each rod
					 packing emission flow rate measurement.
(3) Maintain, for at least five (5) years a
					 record that documents the date(s) and hours of operation a compressor is
					 operated in order to demonstrate compliance with the rod packing leak
					 concentration or emission flow rate measurement in the event that the
					 compressor is not operating during a scheduled inspection.
(4) Maintain, for at least five (5) years,
					 records that provide proof that parts or equipment required to make necessary
					 repairs have been ordered and installed.
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 203 - Oil and Natural Gas Sector › Subpart 203-10 - Reporting and Recordkeeping › Section 203-10.3 - Reporting submissions and retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reports shall be delivered to both the:
(1) Bureau Director, Bureau of Air Quality
					 Planning, Division of Air Resources, 625 Broadway, Albany NY 12233,
					 and
(2) The Regional Air Pollution
					 Control Engineer in the corresponding Department Region in which the source is
					 located.
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 203 - Oil and Natural Gas Sector › Subpart 203-11 - Severability

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 of this Part is held to be invalid, the
					 remainder of this Part shall 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 205 - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS › Section 205.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  provided in subdivision (b) of this section, this rule is applicable to any
				  person who supplies, sells, offers for sale, or manufacturers any architectural
				  coating for use within the State of New York, as well as any person who applies
				  or solicits the application of any architectural coating within the State of
				  New York.
(b) This rule does not
				  apply to:
(1) any architectural coating that
				  is supplied, sold, offered for sale or manufactured for use outside of the
				  State of New York or for shipment to other manufacturers for reformulation or
				  repackaging;
(2) any aerosol
				  coating product; and
(3) any
				  architectural coating that is sold in a container with a volume of one liter
				  (1.057 quart) or less including kits containing containers of different colors,
				  types or categories of coatings and two component products. This exemption
				  includes multiple containers of one liter or less that are packaged and shipped
				  together with no intent or requirement to ultimately sell as one unit. This
				  applicability exception does not include:
(i)
				  bundling of containers one liter or less, which are sold together as a unit, or
				  any type of marketing which implies that multiple containers one liter or less
				  be combined into one container;
(ii) packaging from which the coating cannot
				  be applied; or
(iii) floor
				  coatings.
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 205 - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS › Section 205.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Adhesive.
Any chemical substance that is applied for the purpose of
					 bonding two surfaces together other than by mechanical means.
(b)
Aerosol coating product.
A pressurized coating product containing pigments or resins
					 that dispenses product ingredients by means of a propellant, and is packaged in
					 a disposable can for hand-held application, or for use in specialized equipment
					 for ground traffic/marking applications.
(c)
Aluminum roof coating.
A coating labeled and formulated exclusively for
					 application to roofs and containing at least 84 grams of elemental aluminum
					 pigment per liter of coating (at least 0.7 pounds per gallon). Pigment content
					 shall be determined in accordance with South Coast Air Quality Management
					 District (SCAQMD) Method 318-95 (See Table 1, section
					 200.9  of this
					 Title).
(d)
Antenna
				  coating.
A coating labeled and formulated exclusively for
					 application to equipment and associated structural appurtenances that are used
					 to receive or transmit electromagnetic signals.
(1) For products manufactured on and after
				  January 1, 2021, this coating category will be subject to the VOC limit for
				  industrial maintenance coatings.
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 205 - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS › Section 205.4 - Container labeling requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each manufacturer of any architectural
				  coatings subject to this rule manufactured on or after January 1, 2005 shall
				  display the information listed in paragraphs (1)-(3) of this subdivision on the
				  coating container (or label affixed there to) in which the coating is sold or
				  distributed.
(1) Date code.
The date the coating was manufactured, or a date code
					 representing the date, shall be indicated on the label, lid, or bottom of the
					 container. If the manufacturer uses a date code for any coating, the
					 manufacturer shall file an explanation of each code with the director, Division
					 of Air Resources, Department of Environmental Conservation within 90 days of
					 making the product available for sale in New York State.
(2) Thinning recommendations.
A statement of the manufacturer's recommendation regarding
					 thinning of the coating shall be indicated on the label or lid of the
					 container. This requirement does not apply to the thinning of architectural
					 coatings with water. If thinning of the coating prior to use is not necessary,
					 the recommendation must specify that the coating is to be applied without
					 thinning.
(3) VOC
				  content.
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 205 - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS › Section 205.5 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  responsible official from each manufacturer shall upon request of the director
				  or his or her delegate, provide data concerning the distribution and sales of
				  architectural coatings. The responsible official shall, within 180 days of
				  written request, provide information including, but not limited to:
(1) the name and mailing address of the
				  manufacturer;
(2) the name, address
				  and telephone number of a contact person;
(3) the name of the coating product as it
				  appears on the label and the coating category in section
				  205.3(a) 
				  of this Part under which the product is regulated;
(4) whether the product is marketed for
				  interior or exterior use or both;
(5) the number of gallons sold in New York
				  State in containers greater than one liter (1.057 quart) and equal to or less
				  than one liter (1.057 quart);
(6)
				  the VOC actual content and the VOC regulatory content in grams per
				  liter;
(7) the names and CAS
				  numbers of the VOC constituents of the product;
(8) the names and CAS numbers of any compound
				  in the product specifically exempted from the VOC definition;
(9) whether the product is marketed as
				  solventborne, waterborne, or 100 percent solids;
(10) description of resin or binder in the
				  product;
(11) whether the coating
				  is a single-component or multi-component product;
(12) the density of the product in pounds per
				  gallon;
(13) the percent of weight
				  of solids, all volatile materials, water, and any compounds in the product
				  specifically exempted from the VOC definition;
(14) the percent by volume of solids, water
				  and any compounds in the product specifically exempted from the VOC
				  definition.
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 205 - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS › Section 205.6 - Compliance provisions and test methods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose of determining compliance
				  with the VOC content limits in section
				  205.3(a) 
				  of this Part, the VOC content of a coating shall be determined by using the
				  procedures described in paragraphs (b)(l) or (2) of this section, as
				  appropriate. The VOC content of a tint base shall be determined prior to the
				  addition of the colorant. If the manufacturer does not recommend thinning, the
				  VOC content must be calculated for the product as supplied. If the manufacturer
				  recommends thinning, the VOC content must be calculated including the maximum
				  amount of thinning solvent recommended by the manufacturer. If the coating is a
				  multi-component product, the container must display the VOC content as mixed or
				  catalyzed. If the coating contains silanes, siloxanes, or other ingredients
				  that generate ethanol or other VOCs during the curing process, the VOC content
				  must include the VOCs emitted during curing.
(b)
Calculation of VOC content.
(1) With the exception of low solids
				  coatings, determine the VOC content in grams of VOC per liter of coating
				  thinned to the manufacturer's maximum recommendation, excluding the volume of
				  any water and exempt compounds. Determine the VOC content using the following
				  equation:
VOC Content = 
					 (Ws - Ww - Wec)/(Vm - Vw
					 - Vec)
where:
VOC content = grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
Vw = volume of water, in liters
Vec = volume of exempt compounds, in liters
(2) For low solids coatings,
				  determine the VOC content in units of grams of VOC per liter of coating thinned
				  to the manufacturer's maximum recommendation, including the volume of any water
				  and exempt compounds. Determine the VOC content using the following equation:
VOC Content (ls) = 
					 (Ws - Ww -
						Wec)/(Vm)
where:
VOC content (ls) = the VOC content of a low solids coating
					 in grams per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
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 205 - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS › Section 205.7 - Severability

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 of this Part is held to be invalid, the
					 remainder of this Part shall 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 205 - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS › Section 205.8

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 205 - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS › Section 205.9 - 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 205 - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS › Section 205.10 - 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 207 - Control Measures For An Air Pollution Episode › Section 207.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Significant air
				  contamination source. Any air contamination source the emissions of which alone
				  or in combination with others can be expected to have an adverse effect on
				  ambient air quality during an air pollution episode. This category includes,
				  but is not limited to: fossil fuel burning equipment with a maximum operating
				  heat input exceeding 200 million Btu per hour; processes and exhaust or
				  ventilating systems with particulate emissions in excess of 100 lb/hr;
				  incinerators with a refuse charging capacity of 2,000 lb/hr or more.
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 207 - Control Measures For An Air Pollution Episode › Section 207.2 - Episode action plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  who owns a significant air contamination source shall submit a proposed episode
				  action plan to the commissioner within 90 days of his request therefor. The
				  plan shall contain detailed steps which will be taken by the air contamination
				  source owner to reduce air contaminant emissions during each stage of an air
				  pollution episode. The commissioner shall make available and furnish with his
				  request therefor, guidelines for preparation of episode action plans.
(b) Any person may submit a proposed episode
				  action plan to the commissioner whether or not the air contamination source to
				  be covered by the plan is a significant air contamination source. Such plan, if
				  approved by the commissioner, would prescribe the steps to be taken by the
				  source owner during an air pollution episode any summary order of the
				  commissioner to the contrary notwithstanding.
(c) Any person who owns a significant air
				  contamination source or voluntarily submits an episode action plan in
				  accordance with subdivision (b) of this section shall submit to the
				  commissioner within 90 days of his request therefor, a proposed modification of
				  his episode action plan to accommodate advances in technology or knowledge of
				  contaminant effects.
(d) The
				  commissioner may issue an episode action plan to any person who fails to submit
				  an acceptable plan or plan modification within the required time when so
				  requested.
(e) Upon petition,
				  within 60 days of approval or issue of an episode action plan, the commissioner
				  shall grant a hearing to the significant air contamination source owner at a
				  time and place as determined by the commissioner.
(f) An owner of a significant air
				  contamination source shall make his episode action plan available at a
				  convenient location on him premises for review by the commissioner or his
				  representative, at any time.
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 207 - Control Measures For An Air Pollution Episode › Section 207.3 - Air pollution episode

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  When weather conditions and/or concentration of an air contaminant or
				  contaminants are such that immediate action is necessary to prevent further
				  increases in air contamination or damage to life, property or environmental
				  quality, the commissioner shall designate by order that a "Forecast," "Alert
				  I," "Alert II" or "Emergency" stage of an air pollution episode exists. The
				  commissioner shall have on file and make available the criteria used in
				  determining the need to designate episodes.
(b) The commissioner may also designate by
				  order that an episode exists when a single accident, occurrence or condition
				  has resulted or is likely to result in damage to life, property or
				  environmental quality.
(c) Once
				  designated by the commissioner, an episode or any stage of an episode shall
				  remain in effect until terminated by the commissioner.
(d) Any person who owns an air contamination
				  source for which an episode action plan has been issued or approved shall take
				  whatever actions are prescribed by his episode action plan when an air
				  pollution episode is in 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 208 - Landfill Gas Collection And Control Systems For Certain Municipal Solid Waste Landfills › Section 208.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The Federal requirements of  40 CFR Part 60, Subpart Cf,
					 (see Table 1, section
					 200.9  of this
					 Title), will apply to existing municipal solid waste (MSW) landfills that have
					 accepted waste after November 8, 1987 and began construction, reconstruction or
					 modification prior to July 17, 2014. Activities required by or conducted
					 pursuant to a CERCLA, RCRA, or State remedial action are not considered
					 construction, reconstruction, or modification for purposes of 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 208 - Landfill Gas Collection And Control Systems For Certain Municipal Solid Waste Landfills › Section 208.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To the extent
				  that they are not inconsistent with the specific definitions in subdivision (b)
				  of this section, the general definitions of Parts 200 and 201 of this Title,
				  and   40 CFR Part 60, Subpart Cf apply (see Table 1, section
				  200.9  of this
				  Title).
(b) For the purposes of this
				  Part, the following definitions apply:
(1)
				  'Closed landfill subcategory' means a closed landfill that has submitted a
				  closure report as specified in section 60.38f(f) of 40 CFR Part 60, Subpart Cf,
				  within one year of Part 208 becoming effective (see Table 1, section
				  200.9  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 208 - Landfill Gas Collection And Control Systems For Certain Municipal Solid Waste Landfills › Section 208.3 - Severability

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 of this Part is held to be invalid, the
					 remainder of this Part shall 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 209 - Primary Aluminum Reduction Plants › Section 209.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
				  of this Part, the general definitions of Part 200 of this Title will
				  apply.
(b) For the purpose of this
				  Part, the following definitions will also apply:
(1) Aluminum equivalent. The amount of
				  aluminum which can be produced from the amount of anodes produced by an anode
				  bake plant. This is assumed to equal two tons of aluminum per ton of anodes
				  unless the owner or operator can establish a different number by submitting
				  production records of the amount of aluminum produced and the concurrent amount
				  of anode consumed by potrooms.
(2)
				  Anode bake plant. A facility which produces carbon anodes for use in a primary
				  aluminum reduction plant.
(3)
				  Potroom. A building unit at a primary aluminum reduction plant which houses a
				  group of electrolytic cells in which aluminum is produced. A potroom group
				  consists of an uncontrolled potroom, a potroom which is controlled individually
				  or a group of potrooms or potroom segments ducted to a common control
				  system.
(4) Prebake plant. A
				  primary aluminum reduction plant where anode baking is performed by heating
				  unbaked anode material in a furnace or kiln which is separate from the
				  electrolytic reduction cell.
(5)
				  Primary aluminum reduction plant. A facility where aluminum is produced by
				  electrolytic reduction.
(6)
				  Soderberg plant. A primary aluminum reduction plant where anode baking is
				  performed by heating unbaked anode material within the same casing which
				  contains the working anode while it is immersed in the electrolytic
				  cell.
(7) Total fluorides.
				  Elemental fluorine and all fluoride compounds as measured by methods specified
				  in Appendix A of  40 CFR 60  (see table 1, section
				  200.9  of this
				  Title), or, if the application for the permit to construct for the source was
				  received by the commissioner before October 24, 1974, as measured by
				  alternative methods approved by the commissioner.
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 209 - Primary Aluminum Reduction Plants › Section 209.2 - Emissions of total fluorides

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  No person will cause or allow emissions of total fluorides to the outdoor
				  atmosphere from any potroom group at a primary aluminum reduction plant for
				  which an application for a permit to construct was received by the commissioner
				  before October 24, 1974, and which is not applicable to Subpart S,   40 CFR 60, in excess of:
(1) 4.3 pounds per ton of
				  aluminum produced at Soderberg plants; or
(2) 4.2 pounds per ton of aluminum produced
				  at prebake plants.
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 209 - Primary Aluminum Reduction Plants › Section 209.3 - Opacity of emissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person will cause or allow visible emissions to the outdoor atmosphere from any
				  potroom group at a primary aluminum reduction plant or any furnace at an anode
				  bake plant, for which an application for a permit to construct was received by
				  the commissioner before October 24, 1974, having an average opacity (six
				  minutes) of 20 percent or greater, except uncombined water.
(b) Upon written application by the owner or
				  operator of a source subject to subdivision (a) of this section, the
				  commissioner, at his discretion, may grant an equivalent opacity standard which
				  exceeds the applicable opacity standard if the source owner can demonstrate
				  through acceptable tests for such source that he is in compliance with all
				  applicable emission requirements other than the opacity standard and that the
				  source and any associated emission control equipment is being operated and
				  maintained in a manner acceptable to the commissioner. An equivalent opacity
				  standard for an emission source will only be granted where reasonably available
				  control technology, as determined by the commissioner, has been utilized. In
				  such case, the source owner or operator will not cause or allow emissions to
				  exceed the equivalent opacity.
(c)
				  No person will cause or allow emissions to the outdoor atmosphere from any
				  potroom group at a primary aluminum reduction plant or any furnace at an anode
				  bake plant for which an application for a permit to construct was received by
				  the commissioner after October 23, 1974, having the following six-minute
				  average opacity, except uncombined water:
(1)
				  10 percent or greater from any potroom group at a primary aluminum reduction
				  plant; and
(2) 20 percent or
				  greater from any furnace at an anode bake plant.
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 209 - Primary Aluminum Reduction Plants › Section 209.4 - Emissions other than total fluorides

Current through Register Vol. 46, No. 28, July 10, 2024
Emissions of air contaminants other than total fluorides
					 from any air contamination source in a primary aluminum reduction plant are
					 regulated by all other applicable Parts of this Subchapter.
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 209 - Primary Aluminum Reduction Plants › Section 209.5 - Monitoring of operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  owner or operator of any process subject to the provisions of this Part for
				  which an application for a permit to construct is received by the commissioner
				  after October 23, 1974, must:
(1) install,
				  calibrate, maintain and operate weighing devices which can be used to determine
				  daily the weight of aluminum and anode produced; and
(2) maintain a record of daily production
				  rates of aluminum and anodes, raw material feed rates and cell or potline
				  voltages.
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 209 - Primary Aluminum Reduction Plants › Section 209.6 - Compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 90 days
				  after the effective date of this Part, or such later date as determined by the
				  commissioner, no person will operate any primary aluminum reduction plant or
				  anode bake plant which fails to comply with any applicable standard, visible
				  emissions limitation or other requirement of this Part.
(b) Such determination of the commissioner
				  will establish that compliance with the provisions of this Part must be
				  accomplished within 30 months after the effective date of this Part. Such a
				  determination extending the final compliance date beyond that otherwise
				  required by subdivision (a) of this section can only be issued to an affected
				  source for which an application for a permit to construct was received by the
				  commissioner before October 24, 1974, and when the source owner or operator can
				  demonstrate:
(1) unreasonable cost of control
				  due to plant age, location or process design;
(2) physical impossibility of installing
				  necessary control equipment within the allowable time; or
(3) other factors specific to the facility
				  that make application of such a compliance schedule unreasonable.
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 209 - Primary Aluminum Reduction Plants › Section 209.7 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
On a case-by-case basis, the commissioner may provide for
					 the application of emission standards for total fluorides less stringent than
					 those otherwise required in section
					 209.2(d) 
					 of this Part if the owner or operator can demonstrate that exemplary operation
					 and maintenance procedures were used with respect to the emission control
					 system and that proper control equipment was in operation during the emission
					 test. Such less stringent standards shall not exceed:
(a) 2.6 pounds per ton of aluminum produced
				  for potroom groups at Soderberg plants; or
(b) 2.5 pounds per ton of aluminum produced
				  for potroom groups at prebake plants.
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-1 - Applicability and Definitions › Section 210-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
					 applies to all 2006 and subsequent model-year personal watercraft engines,
					 unless otherwise indicated, offered for sale or lease, or sold, or leased, for
					 registration in this State.
(b) The
					 provisions of this Part also apply to personal watercraft engines of the United
					 States or its agencies.
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-2 - Certification and Prohibitions › Section 210-2.1 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is unlawful
					 for any person to sell or register, offer for sale or lease, import, deliver,
					 purchase, rent, lease, acquire or receive a 2006 or subsequent model-year,
					 personal watercraft engine in the State of New York which is not certified to
					 California emission standards and meets all other applicable requirements of
					 California Code of Regulations, title 13, sections 2440, 2442, 2443.1, 2443.2,
					 2443.3, 2444.1, 2444.2, 2445.1, 2445.2, and 2446 (see Table 1, section
					 200.9  of this
					 Title) and is otherwise not in compliance with the Environmental Conservation
					 Law and these departmental regulations.
(b) This Subpart does not apply to:
(1) sterndrive, inboard and outboard
					 engines;
(2) engines used in
					 off-road military tactical vehicles or equipment which have been exempted from
					 regulations under the Federal national security exemption,  40 CFR, subpart J,
					 section 90.908  (see Table 1, section
					 200.9  of this
					 Title), which is incorporated by reference herein. It shall also not apply to
					 those vehicles and equipment covered by the definition of military tactical
					 vehicle that are commercially available and for which a Federal certificate of
					 conformity has been issued under  40 CFR part 91, subpart B (see Table 1,
					 section
					 200.9  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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-2 - Certification and Prohibitions › Section 210-2.2 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 manufacturer will submit one copy of the California executive order relating to
					 certification of new personal watercraft for each engine family to be sold in
					 New York State to the department within 30 days of receiving the executive
					 order from CARB. Manufacturers must also submit to New York annual sales and
					 corporate average reports to show compliance with the corporate average
					 requirements.
(b) For the purpose
					 of determining compliance with this Part, the department may require any
					 personal watercraft manufacturer subject to this Part to submit any
					 documentation the department deems necessary to the effective administration
					 and enforcement of this Part including all certification materials submitted to
					 CARB.
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-2 - Certification and Prohibitions › Section 210-2.3 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner or a designee may enter and inspect a facility operated by a party
					 subject to the requirements of this Part, any property, premises, books,
					 papers, documents, or records (written and/or electronic) of that facility, at
					 all reasonable times, locations, and hours, whether announced or unannounced,
					 for the purpose of ascertaining compliance or noncompliance with the ECL and
					 this Title. The conduct of operations subject to the provisions of this Part in
					 this State is deemed to constitute consent to such an inspection.
(b) For the purpose of developing or
					 assisting in the development of any regulation or enforcing the provisions of
					 this Part, any person subject to the provisions of this Part must, upon oral or
					 written request of any officer or employee of the department, when properly
					 identified and duly designated by the commissioner, furnish or permit such
					 officer or employee at all reasonable times to have access to, and to copy all
					 records relating to those parties which are subject to this Part.
(c) Unless otherwise specified in the ECL or
					 regulations, any person subject to the provisions of this Part must retain all
					 relevant records for at least three years from the creation of those
					 records.
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-3 - Family Emission Limits › Section 210-3.1 - Emission limits

Current through Register Vol. 46, No. 28, July 10, 2024
Commencing in model year 2006, each manufacturer's fleet
						of personal watercraft engines produced and delivered for sale in New York
						shall not exceed the emission limits set forth in California Code of
						Regulations, section 2442 (see Table 1, section
						200.9  of this
						Title) using New York specific vehicle numbers.
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-3 - Family Emission Limits › Section 210-3.2 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Commencing with model year 2006, each manufacturer must
						report, to the department, using the same format used to report this
						information to CARB, New York sales data 90 days after the end of the model
						year. During the engine manufacturer's production year, for each engine family,
						the engine manufacturer shall provide the commissioner within 45 days after the
						last day in each calendar quarter the total number of personal watercraft
						engines produced for sale in New York and their applicable
						FEL(s).
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-4 - In-Use Testing and Recall › Section 210-4.1 - In-use testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 manufacturers of personal watercraft engines subject to this Part, certified
					 for sale in California and produced and delivered for sale in New York shall
					 conduct in-use testing as required by California Code of Regulations, title 13,
					 section 2444.1 (see Table 1, section
					 200.9  of this
					 Title). The department shall accept the emissions data collected in accordance
					 with California Code of Regulations, title 13, section 2444.1(b) (see Table 1,
					 section
					 200.9  of this
					 Title).
(b) The department, upon
					 notice to the engine manufacturers, may prescribe that a New York specific
					 in-use testing program be conducted in accordance with California Code of
					 Regulations, title 13, section 2444.l(b) (see Table 1, section
					 200.9  of this
					 Title).
(c) Manufacturers shall
					 submit to the department, upon request, records from the in-use testing
					 program, in accordance with California Code of Regulations, title 13, section
					 2444.l(c) (see Table 1, section
					 200.9  of this
					 Title), within three months of completion of the in-use testing
					 program.
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-4 - In-Use Testing and Recall › Section 210-4.2 - Recall

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the results
					 of the in-use emission tests indicate that the average emissions of the test
					 engines for any regulated pollutant exceed the applicable emission standards
					 specified in title 13, California Code of Regulations, section 2442 (see Table
					 1, section
					 200.9  of this
					 Title), the entire engine population so represented shall be deemed to exceed
					 the standards. The department shall notify the engine manufacturer of the test
					 results and upon receipt of the notification, the engine manufacturer has 45
					 days to submit a plan, to the department, to make up all excess emissions
					 resulting from in-use testing noncompliance in accordance with subdivision (b)
					 of this section. If excess emissions cannot be made up in accordance with
					 subdivision (b) of this section, the engine manufacturer must implement a
					 voluntary recall plan in accordance with the applicable portions of
					 subdivisions (c) and (d) of this section. If no excess emissions cannot be made
					 up in accordance with subdivision (b) of this section and the engine
					 manufacturer does not implement a voluntary recall plan, the commissioner may
					 prescribe the implementation of an ordered recall pursuant to the applicable
					 portions of paragraph (d)(2) of this section.
(b) All excess emissions resulting from
					 in-use noncompliance with the California standard must be made up in the model
					 year following the model year in which the notification of noncompliance is
					 received. In-use noncompliance may not be remedied through implementation of
					 the Federal in-use credit program described in  title 40, Code of Federal
					 Regulations, part 91, subpart N (October 4, 1996) (see Table 1, section
					 200.9  of this
					 Title). As an alternative to recall and with prior approval from the department
					 and the executive officer of CARB where appropriate, the engine manufacturer
					 may make up the excess emissions by any one or combination of the following
					 options:
(1) recertification of the
					 noncompliant engine family to a lower emission level (or higher FEL) that makes
					 up for the noncompliance, while maintaining compliance on a corporate average
					 basis;
(2) implementation of a
					 running change and/or field fix on the noncompliant engine family;
(3) implementation of market-based
					 incentives, to be approved by the commissioner, to make up the noncompliance;
					 or
(4) payment of a noncompliance
					 penalty to be determined by the department on a per-engine basis as provided by
					 article 71 of the Environmental Conservation Law.
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-5 - Warranty › Section 210-5.1 - Warranty requirement

Current through Register Vol. 46, No. 28, July 10, 2024
Manufacturers shall provide the warranty and warranty
						statement required by California Code of Regulations, title 13, sections 2445.1
						and 2445.2 (see Table 1, section
						200.9  of this
						Title) for personal watercraft produced and delivered for sale in New
						York.
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-5 - Warranty › Section 210-5.2 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
The department may request and, in such cases, the engine
						manufacturer must provide, any documents that describe that engine
						manufacturer's warranty procedures or policies.
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 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-6 - Production-line Testing › Section 210-6.1 - Production-line test procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Each manufacturer must comply with the provisions of
						California Code of Regulations, title 13, section 2446 (see Table 1, section
						200.9  of this
						Title) for personal watercraft produced and delivered for sale in New
						York.