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 231-9 - Plantwide Applicability Limitation (PAL) › Section 231-9.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Upon request of an applicant, the department shall establish a PAL at an
					 existing major facility, provided that at a minimum, the following provisions
					 are met:
(1) the PAL must impose a
					 facility-wide annual emission limitation in tpy that is included in the Part
					 201 permit for the facility;
(i) for each
					 month during the PAL effective period after the first 12 months following the
					 PAL effective date, the facility must show that the sum of the monthly
					 emissions from each emission source under the PAL for the previous 12
					 consecutive months is less than the PAL (a 12-month total rolled monthly);
					 and
(ii) for each month during the
					 first 11 months following the PAL effective date, the facility must demonstrate
					 that the sum of the preceding monthly emissions from the PAL effective date for
					 each emission source under the PAL is less than the PAL;
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 231-9 - Plantwide Applicability Limitation (PAL) › Section 231-9.2 - Permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
As part of a permit application requesting a PAL, the
						owner or operator of a major facility must submit the following
						information:
(a) A list of all
					 emission sources at the facility.
(b) For each emission source:
(1) the potential to emit of the PAL
					 contaminant;
(2) the applicable
					 requirements for that emission source; and
(3) the baseline actual emissions (with
					 supporting documentation).
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 231-9 - Plantwide Applicability Limitation (PAL) › Section 231-9.3 - Permit processing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 permit application requesting the establishment of a PAL will be treated as a
					 major permit modification for the title V permit and be processed in accordance
					 with the procedures in Parts 201 and 621 of this Title.
(b) A request to renew a PAL must be included
					 in the application to renew the title V permit and will be processed in
					 accordance with the procedures in Parts 201 and 621 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 231-9 - Plantwide Applicability Limitation (PAL) › Section 231-9.5 - Permit contents

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms and conditions, at a minimum, must be
						included in a permit which establishes a PAL:
(a) The PAL contaminant, the applicable
					 facility-wide emission limitation in tpy, and required monitoring provisions
					 consistent with this section.
(b)
					 The effective date of the permit and the expiration date of the PAL (PAL
					 effective period).
(c) The emissions
					 calculations to be used for compliance purposes. These calculations must
					 include emissions from start-ups, shutdowns, and malfunctions.
(d) The procedures to convert the monitoring
					 system data to monthly emissions and annual emissions based on a 12-month
					 rolling total as required by this Subpart.
(e) 'Monitoring requirements'.
(1) General requirements.
(i) A requirement that the monitoring system
					 accurately determines facility emissions of the PAL contaminant in terms of
					 mass per unit of time according to the criteria contained in the following
					 paragraphs of this section as applicable.
(ii) The PAL monitoring system must employ
					 one or more of the four monitoring approaches meeting the minimum requirements
					 set forth in paragraph (2) of this subdivision. If the facility utilizes CEMS
					 to monitor a particular contaminant for which a PAL is sought, the facility
					 must use the CEMS data to demonstrate compliance with the
					 PAL.
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 231-9 - Plantwide Applicability Limitation (PAL) › Section 231-9.6 - Permit modifications and reopenings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permit reopening to revise a PAL. The
					 following provisions apply to permit reopenings to revise a PAL.
(1) During the PAL effective period, the
					 department must reopen the permit to:
(i)
					 correct typographical/calculation errors made in setting the PAL or reflect a
					 more accurate determination of emissions used to establish the PAL;
(ii) reduce the PAL if the facility creates
					 creditable emissions reductions for use as emission offsets under this
					 Part;
(iii) revise the PAL to
					 reflect an increase in the PAL as provided under subdivision (b) 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 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-9 - Plantwide Applicability Limitation (PAL) › Section 231-9.7 - PAL renewals and expirations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Permit renewal where PAL is not renewed'. The following provisions set forth
					 the requirements for an application to renew a title V permit where a PAL will
					 expire at the end of the PAL effective period and the facility has not included
					 a request to renew the PAL in such application. The facility must continue to
					 comply with the PAL until such time as the department issues a renewed title V
					 permit.
(1) Application content. In addition
					 to any other information required pursuant to this Chapter, the title V permit
					 application must include a proposed allowable emission limitation for each
					 emission source. Such emission limitations must be calculated by distributing
					 the PAL of the facility among each emission source that is subject to an
					 emission limitation under the PAL and must be adjusted to reflect any
					 applicable requirements that became effective during the PAL effective period
					 if the PAL was not previously adjusted.
(2) Permit content. In addition to any other
					 requirements of this Chapter, a title V permit issued following the expiration
					 of a PAL shall include the following provisions:
(i) emission limits for each emission source
					 on a 12-month rolling basis. The allowable emission limits shall be established
					 in accordance with a distribution of the PAL that the department determines is
					 appropriate; and
(ii) a facility
					 must demonstrate compliance with the allowable emission limitation(s) through
					 the use of CEMS or other monitoring systems (source testing, emission factors,
					 etc.) as the department may approve.
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 231-10 - Emission Reduction Credits (ERCs) › Section 231-10.2 - Determination of ERCs

Current through Register Vol. 46, No. 28, July 10, 2024
Any decrease in emissions of a regulated NSR contaminant,
						in tpy, which:
(a) is surplus,
					 quantifiable, permanent, and enforceable ; and
(b) will result or resulted from a physical
					 change in, or a change in the method of operation of an emission source subject
					 to Part 201 of this Title:
(1) is quantified
					 as the difference between baseline actual emissions and the subsequent
					 potential to emit; and
(2) is
					 approved in accordance with the provisions of this Part; 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 231-10 - Emission Reduction Credits (ERCs) › Section 231-10.3 - Applications for ERC approval

Current through Register Vol. 46, No. 28, July 10, 2024
This section applies to applications for ERCs at sources
						subject to Part 201 of this Title.
(a)
					 'Application procedures'.
(1) For approval of
					 ERCs from a facility subject to Subpart 201-5 or 201-6 of this Title, other
					 than a facility shutdown, the facility owner or operator must submit an
					 application for a permit modification.
(2) For approval of ERCs from a registered
					 facility, other than a facility shutdown, the owner or operator must apply for
					 a State facility permit.
(3) For
					 approval of ERCs as a result of shutdown of a facility subject to Subpart 201-5
					 or 201-6 of this Title, the facility owner or operator must submit a written
					 request to the department to discontinue the permit.
(4) For approval of ERCs as a result of
					 shutdown of a registered facility, the facility owner or operator must submit
					 a written request to the department to discontinue the
					 registration.
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 231-10 - Emission Reduction Credits (ERCs) › Section 231-10.4 - Permit application processing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any permit modification, discontinuance
					 of the permit or proposed SIP revision establishing an ERC will be processed in
					 accordance with Parts 621 and 201 of this Title and subject to a 30 day public
					 comment period. The department will publish notice of such application in the
					 Environmental Notice Bulletin and the applicant must publish notice in a local
					 newspaper.
(b) Upon approval of a
					 permit application for a proposed new or modified facility which lists ERC
					 sources for use as emission offsets, the department will publish notice of the
					 source of ERCs with the draft permit. If the source of ERCs changes or is
					 approved after the draft permit has been noticed, the department will publish a
					 supplemental notice of the source of the ERCs prior to the final permit
					 issuance.
(c) The department may
					 deny an application for ERCs if sufficient supporting documentation as required
					 by this section is not submitted or provided upon request.
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 231-10 - Emission Reduction Credits (ERCs) › Section 231-10.5 - Permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
This section applies to facilities which create ERCs from
						emission reductions other than a facility shutdown. In addition to the other
						requirements of this Part and Parts 201 and 621 of this Title, a permit
						establishing ERCs must include such emission limitations, monitoring,
						recordkeeping, and reporting conditions as are necessary to demonstrate that
						the emission reductions are verifiable and enforceable. Such emission
						limitations may include a reduction in the hours of operation, limitations on
						fuel usage, reformulations, installation of control equipment, and/or the
						making of process changes.
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 231-10 - Emission Reduction Credits (ERCs) › Section 231-10.6 - Erc registry

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 approved ERCs that may be used as emission offsets will be entered into a
					 listing of available ERCs (designated the ERC Registry) maintained by the
					 department after the department has approved the ERC application in accordance
					 with the procedures in this Part. In the case of a single source SIP revision,
					 the ERCs will be entered into the registry after EPA has approved the SIP
					 revision. The registry may be obtained from the department upon
					 request.
(b) ERC transfers. The
					 authorized representative or a responsible official of the transferor (seller)
					 must submit a "use of emission reduction credits" form to the department
					 specifying the terms of the transfer. If the department determines that the
					 proposed ERC transfer is approvable, the department will note the transfer of
					 ERCs on the registry.
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 231-10 - Emission Reduction Credits (ERCs) › Section 231-10.7 - Ercs for emission sources not subject to part 201 of this title

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for ERCs for emission sources not subject to
						Part 201 of this Title including but not limited to mobile sources and demand
						side management ERCs will be approved by the department on a case-by-case basis
						upon submittal of acceptable protocols. The department will prepare a SIP
						revision approval letter which sets forth the appropriate enforceable terms and
						conditions pursuant to which the ERCs are being approved and submit the package
						as a single source SIP revision to EPA for approval following public notice of
						the ERCs. Upon approval of the SIP revision by EPA, the department will publish
						the ERCs in the ERC Registry.
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 231-10 - Emission Reduction Credits (ERCs) › Section 231-10.8 - Relocation of emission sources

Current through Register Vol. 46, No. 28, July 10, 2024
The relocation of an emission source within the same
						facility would neither qualify for ERCs for the shutdown of the emission source
						nor be subject to this Subpart at the new location. However, the relocation
						must comply with all other applicable Parts of this Title and result in
						acceptable air quality impacts pursuant to section
						200.6 
						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 231-11 - Permit and Reasonable Possibility Requirements › Section 231-11.1 - Permit requirements for new major facilities, NSR major modifications, and netting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Permit application requirements'. In addition to the application requirements
					 under Part 201 of this Title the following information must be included in the
					 permit application for any new major facility, NSR major modification, or
					 facility netting out of applicability, required to obtain a permit pursuant to
					 this Part:
(1) project description, location,
					 design capacity, and typical operating schedule, including specifications and
					 drawings showing its design and the plant layout, as applicable;
(2) a detailed schedule for construction, as
					 applicable;
(3) applicable
					 calculations and supporting documentation of potential-to-emit f or a new
					 facility, and baseline actual emissions, projected actual emissions or
					 potential-to-emit as applicable, project emission potential and net emissions
					 increase determination for a modified facility. The information submitted must
					 be sufficiently detailed to allow the department to verify the emissions
					 calculation(s) and to determine the applicability status of the source with
					 respect to this Part. If the calculation of projected actual emissions excludes
					 emissions which an existing emission source could have accommodated during the
					 consecutive 24-month period used to establish the baseline actual emissions and
					 that are also unrelated to the particular project, detailed documentation of
					 the calculation of the excluded emissions must be provided at the time of
					 permit application in order for the exclusion of those emissions to be allowed
					 in determining future compliance; and
(4) proposed emission monitoring,
					 recordkeeping and reporting provisions to establish compliance with the
					 applicable 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 231-11 - Permit and Reasonable Possibility Requirements › Section 231-11.2 - Reasonable possibility requirements for insignificant modifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 requirements of this section do not apply if potential-to-emit is used in lieu
					 of projected actual emissions in determining the project emission potential for
					 a proposed modification.
(b) For a
					 modification with a project emission potential which, when added to all
					 emissions excluded under section
					 231-4.1(b)(42)(i) 
					 ('c') of this Part, is less than 50 percent of the applicable significant
					 project threshold in table 3, table 4 or table 6 of Subpart 231-13 of this
					 Part, the facility owner or operator, in addition to complying with any
					 requirements under Part 201 of this Title, must maintain the following
					 information for a minimum of five years:
(1)
					 a description of the modification;
(2) an identification of each new or modified
					 emission source(s) including the associated processes and emission
					 unit;
(3) the calculation of the
					 project emission potential for each modified emission source(s) including
					 supporting documentation; and
(4)
					 the date the modification commenced operation.
These recordkeeping requirements apply to exempt and
						trivial activities but do not affect their exempt or trivial permitting status
						under Subpart 201-3 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 231-12 - AMBIENT AIR QUALITY IMPACT ANALYSIS › Section 231-12.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
					 provisions apply to all new facilities or modifications required to evaluate
					 impact on the surrounding areas and the public including, but not limited to
					 ambient and sensitive receptors, public health impacts, nonattainment areas,
					 and Federal class I areas.
(b) The
					 impact analysis procedures are also appropriate for conducting any required air
					 quality related environmental impact assessments in conjunction with the permit
					 application for the proposed 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 231-12 - AMBIENT AIR QUALITY IMPACT ANALYSIS › Section 231-12.3 - Pre-application analysis for subparts 231-7 and 231-8

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to submitting an application for a
					 permit in accordance with Subpart 231-7 and Subpart 231-8 of this Part, the
					 applicant must provide an analysis of air quality data in the area that the
					 proposed new or modified facility would affect for each of the following
					 regulated NSR contaminants:
(1) for the new
					 facility, each regulated NSR contaminant that would have the potential to emit
					 in an amount equal to or greater than the applicable significant project
					 threshold in table 6 of Subpart 231-13 of this Part; and
(2) for the modified facility, each regulated
					 NSR contaminant that would result in a significant net emissions
					 increase.
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 231-12 - AMBIENT AIR QUALITY IMPACT ANALYSIS › Section 231-12.4 - Exemption and waiver from onsite ('i.e.', site specific) air quality monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 department may exempt a proposed new or modified facility from the requirements
					 of section
					 231-12.3 
					 of this Subpart with respect to monitoring for a particular regulated NSR
					 contaminant, if:
(1) the emissions increase of
					 the regulated NSR contaminant from the proposed new or modified facility would
					 cause, in any attainment area, air quality impacts less than the following
					 deminimis monitoring levels:
Carbon Monoxide ---------------------
575 µ/m3,
									 8-hour average;
Nitrogen dioxide ----------------------
- 14 µ/m3,
									 annual average;
Particulate matter (PM-10) -----------
- 10 µ/m3,
									 24-hr average;
PM-2.5
									 ----------------------------------
- 0 µ/m3,
									 24-hr. average;
Sulfur dioxide -------------------------
- 13 µ/m3,
									 24-hour average;
Ozone1
									 ----------------------------------
- see footnote
Elemental lead ------------------------
- - 0.1 µ/m3,
									 3-month average;
Fluorides
									 -------------------------------
- - 0.25 µ/m3,
									 24-hour average;
Total and reduced sulfur -------------
- 10 µ/m3,
									 1-hour average;
Hydrogen sulfide ---------------------
- - 0.2 µ/m3,
									 1-hour average; or
(2) the concentrations of the regulated NSR
					 contaminant in the area that the facility would affect are less than the
					 concentrations listed in paragraph (1) of this subdivision.
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 231-12 - AMBIENT AIR QUALITY IMPACT ANALYSIS › Section 231-12.5 - Post-construction monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of a new or modified facility may
						be required, after construction of the facility or modification, to conduct
						such ambient monitoring as the department determines is necessary to determine
						the effect of the emissions from the new or modified facility on air quality in
						any area.
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 231-12 - AMBIENT AIR QUALITY IMPACT ANALYSIS › Section 231-12.6 - Significant impact levels in nonattainment areas

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of Subparts 231-5 and 231-6 of this
						Part, a new or modified facility will be considered to cause or contribute to a
						violation of a national ambient air quality standard when such new or modified
						facility would, at a minimum, exceed the following significant impact levels
						(SILs) at any locality that does not or would not meet the applicable national
						standard:
Regulated NSR Contaminant
Annual Average
Short Term Averaging Times (hours)
24
8
3
1
SO2
1.0 µ/m3
5 µ/m3
25 µ/m3
7.8 µ/m3
PM-10
1.0 µ/m3
5 µ/m3
PM-2.5
0.3 µ/m3
1.2 µ/m3
NOx
																*
1.0 µ/m3
7.5 µ/m3
CO
500 µ/m3
2000 µ/m3
* For the purposes of this
						table, NO2 shall be the subset of
						NOx that is modeled
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 231-12 - AMBIENT AIR QUALITY IMPACT ANALYSIS › Section 231-12.7 - Significant impact levels for facilities located in attainment areas

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of an impact analysis in support of
						provisions of Subparts 231-7 and 231-8 of this Part, the significant impact
						levels defined in section
						231-12.6 
						of this Subpart will serve to determine whether a new or modified source will
						have a significant air quality impact or a contribution to potential standards
						violation or PSD increment exceedances in both the attainment area of the
						proposed project and in any adjacent nonattainment areas. The levels in section
						231-12.6 
						of this Subpart apply in all attainment areas in the State for the specific NSR
						contaminant and serve as the required modeling demonstration to show
						insignificant impacts for that contaminant. A showing that the maximum impacts
						from the proposed new or modified facility for any regulated NSR contaminant
						are below the lesser of these significant impact levels or the difference
						between the NAAQS and the background concentration for that regulated NSR
						contaminant will be deemed adequate as the required impact analysis to
						demonstrate that the source will not contribute to a standards violation or PSD
						increment exceedance for that regulated NSR contaminant. However, such a
						demonstration will not exclude the performance of any other required impact
						analysis to satisfy other applicable provisions of Subparts 231-5 to 231-8 of
						this Part, including the modeling for air quality related values in Federal
						class I areas.
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 231-12 - AMBIENT AIR QUALITY IMPACT ANALYSIS › Section 231-12.8 - Federal class I significant impact levels

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of the PSD increment impact analysis in
						support of provisions of Subparts 231-7 and 231-8 of this Part, the following
						significant impact levels will be used to determine whether a new or modified
						facility will have a significant air quality impact in Federal class I
						areas:
Regulated NSR Contaminant
Annual Average
24 Hour Average
3 Hour Average
Sulfur Dioxide
0.1 (MICRO)g/m3
0.2 (MICRO)g/m3
1.0 (MICRO)g/m3
Nitrogen Dioxide
0.1 (MICRO)g/m3
Not applicable
Not applicable
PM-10
0.2 (MICRO)g/m3
0.3 (MICRO)g/m3
Not applicable
CO
Not applicable
Not applicable
Not applicable
PM-2.5
0.06 (MICRO)g/m3
0.07 (MICRO)g/m3
Not applicable
An analysis demonstrating that the maximum impacts from
						the proposed new or modified facility for any regulated NSR contaminant are
						below these significant impact levels in PSD defined class I areas will be
						deemed adequate as the required impact analysis to demonstrate that the source
						will not contribute to a standards violation or a PSD increment exceedance for
						that regulated NSR contaminant. However, such a demonstration will not exclude
						the performance of any other required impact analysis to satisfy other
						applicable provisions of Subparts 231-7 to 231-10 of this Part, including the
						modeling for air quality related values in Federal class I
						areas.
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 231-13 - TABLES AND EMISSION THRESHOLDS › Section 231-13.1 - Table 1-Major facility thresholds and offset ratios for ozone nonattainment areas and the ozone transport region

Current through Register Vol. 46, No. 28, July 10, 2024
Area/Contaminant
								  Classification
Major Facility Threshold (tons per
								  year1)
Offset Ratio
Marginal, Moderate, or Ozone Transport Region
VOC
50
At least 1.15:1
NOx
100
At least 1.15:1
Severe
VOC
25
At least 1.3:1
NOx
25
At least 1.3:1
_____
1 tons per year
						(tpy)
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 231-13 - TABLES AND EMISSION THRESHOLDS › Section 231-13.2 - Table 2 - Major facility thresholds and offset ratios for PM nonattainment areas

Current through Register Vol. 46, No. 28, July 10, 2024
Area/Contaminant Classification
Major Facility Threshold (tpy)
Offset Ratio
Moderate
PM-101
100
At least 1:1
No classification
PM-2.51
100
At least 1:1
1 - both the filterable and
						condensable fractions are to be included (see definitions of PM-10 and PM-2.5
						in Part 200 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 231-13 - TABLES AND EMISSION THRESHOLDS › Section 231-13.3 - Table 3-Significant project thresholds, significant net emission increase thresholds, and offset ratios for ozone nonattainment areas and the ozone transport region

Current through Register Vol. 46, No. 28, July 10, 2024
Area/Contaminant
								  Classification
Significant Project Threshold
								  (tpy)1
Significant Net Emission Increase
								  Threshold (tpy)
Offset Ratio
Marginal, Moderate, or Ozone Transport Region
VOC
40
40
At least 1.15:1
NOx
40
40
At least 1.15:1
Severe
VOC
2.5
>25
At least 1.3:1
NOx
2.5
>25
At least 1.3:1
_____
1 project emission potential
						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 231-13 - TABLES AND EMISSION THRESHOLDS › Section 231-13.4 - Table 4 - Significant project thresholds, significant net emission increase thresholds, and offset ratios for PM nonattainment areas

Current through Register Vol. 46, No. 28, July 10, 2024
Area/Contaminant Classification
Significant Project Threshold
									 (tpy)2
Significant Net
Emission Increase
Threshold (tpy)
Offset Ratio
Moderate
PM-101
15
15
At least 1:1
No classification
PM-2.51
10
10
At least 1:1
1 - both filterable and
						condensable f ractions are to be included (see definitions of PM-10 and PM-2.5
						in Part 200 of this Title).
2 - project emission potential
						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 231-13 - TABLES AND EMISSION THRESHOLDS › Section 231-13.5 - Table 5 - Major facility thresholds for attainment and unclassified areas

Current through Register Vol. 46, No. 28, July 10, 2024
Contaminant
Major Facility Threshold
(tpy)1
Carbon monoxide
100 / 250
Nitrogen oxides
100 / 250
Sulfur dioxide
100 / 250
Particulate matter
100 / 250
Particulate matter: PM-10
									 emissions2
100 / 250
Particulate matter: PM-2.5
									 emissions2
100 / 250
Ozone: as VOCs or
									 NOx
100 / 250
Lead (elemental)
100 / 250
Fluorides
100 / 250
Sulfuric acid mist
100 / 250
Hydrogen sulfide (H2S)
100 / 250
Total reduced sulfur (including H2S)
100 / 250
Reduced sulfur compounds (including H2S)
100 / 250
Municipal waste combustor organics (measured as
									 total tetra through octa-chlorinated dibenzo-p-dio xin s a n d d ib e nz ofu
									 rans)
100 / 250
Municipal waste combustor metals (measured as
									 particulate matter)
100 / 250
Municipal waste combustor acid gases (measured
									 as sulfur dioxide and hydrogen chlorid e)
100 / 250
Municipal solid waste landfills emissions
									 (measured as nonmethane organic compounds)
100 / 250
Any other regulated NSR contaminant
100 / 250
1 - 100 tpy threshold applies
						if the facility is one of the source categories listed in section
						201-2.1(b)(21)(iii) 
						('a') through ('z') of this Title.
2 - both filterable and
						condensable fractions are to be included (see definitions of PM-10 and PM-2.5
						in Part 200 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 231-13 - TABLES AND EMISSION THRESHOLDS › Section 231-13.6 - Table 6 - Significant project thresholds and significant net emission increase thresholds for attainment and unclassified areas

Current through Register Vol. 46, No. 28, July 10, 2024
Contaminant
Significant Project Threshold 
									 1/
Significant Net Emission
Increase Threshold
Carbon monoxide
100 tpy
Nitrogen oxides
40 tpy
Sulfur dioxide
40 tpy
Particulate matter
25 tpy
Particulate matter: PM-10
									 emissions2
15 tpy
Particulate matter: PM-2.5
									 emissions2
10 tpy
Precursors:
NOx
40 tpy
SO2
40 tpy
Ozone: as VOCs or
									 NOx
40 tpy
Lead (elemental)
0.6 tpy
Fluorides
3 tpy
Sulfuric acid mist
7 tpy
Hydrogen sulfide (H2S)
10 tpy
Total reduced sulfur (including H2S)
10 tpy
Reduced sulfur compounds (including H2S)
10 tpy
Municipal waste combustor organics (measured as
									 total tetra through octa-chlorinated dibenzo-p-dioxin and dibenzofurans)
3.2 x 10-6 megagrams per year (3.5 x 10-6
									 tpy)
Municipal wast megagrams per year (15 tpy)
									 matter)
Municipal waste combustor acid gases (measured
									 as sulfur dioxide and hydrogen chloride)
36 megagrams per year (40 tpy)
Municipal solid waste landfills emissions
									 (measured as nonmethane organic compounds)
45 megagrams per year (50 tpy)
Greenhouse gases
Any increase and 75,000
									 tpy3,4
Any other regulated NSR contaminant
Any increase
1 - project emission potential
						threshold.
2 - both filterable and
						condensable fractions are to be included (see definitions of PM-10 and PM-2.5
						in Part 200 of this Title).
3 measured as
						CO2 equivalents.
4 - values only represent the
						Significant Project Threshold as netting is not allowed for greenhouse
						gases.
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 231-13 - TABLES AND EMISSION THRESHOLDS › Section 231-13.7 - Table 7 - Federal class I variance maximum allowable increase concentrations

Current through Register Vol. 46, No. 28, July 10, 2024
Contaminant
Maximum allowable increase (micrograms per
									 cubic meter)
Particulate Matter:
PM-10, annual arithmetic
									 mean1
17
PM-10, 24-hr
									 maximum1
30
PM-2.5, annual arithmetic
									 mean1
4
PM-2.5, 24 hr
									 maximum1
9
Sulfur dioxide:
Annual arithmetic mean
20
24-hr maximum
91
3-hr maximum
325
Nitrogen dioxide:
Annual arithmetic mean
25
1 - both filterable and
						condensable fractions are to be included (see definitions of PM-10 and PM-2.5
						in Part 200 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 231-13 - TABLES AND EMISSION THRESHOLDS › Section 231-13.8 - Table 8-Maximum allowable increase in SO2 concentrations for gubernatorial variances

Current through Register Vol. 46, No. 28, July 10, 2024
Maximum Allowable Increase (Micrograms per
						cubic meter)
Terrain
								  areas
Period of exposure
Below 900 ft
At or above 900 ft
24-hr maximum
36
62
3-hr maximum
130
221
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 231-13 - TABLES AND EMISSION THRESHOLDS › Section 231-13.9 - Table 9 - Global warming potential values f or calculating CO 2 equivalents

Current through Register Vol. 46, No. 28, July 10, 2024
Greenhouse Gas
Global Warming Potential
CO2
1
CH4
25
N2O
298
SF6
22,800
Hydrofluorocarbons (HFC)
12 to
									 14,8001
Perfluorocarbons (PFC)
6,288 to
									 17,7001
1 see Table A-1 to Subpart A
						of  40 CFR Part 98  f or specific values of HFC and PFC (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 232 - Dry Cleaning Facilities › Subpart 232-1 - General Provisions › Section 232-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all new and existing dry cleaning
						facilities that use perchloroethylene (perc) and/or alternative solvent dry
						cleaning equipment not listed as an exempt activity under Part 201 of this
						Title. Water-based cleaning processes and those using only liquid carbon
						dioxide are exempt. In addition to the General Provisions of this Subpart,
						Subpart 232-2 specifically applies to perc dry cleaning equipment whereas
						Subpart 232-3 specifically applies to alternative solvent dry cleaning
						equipment. Spot removers are regulated under Part 235 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 232 - Dry Cleaning Facilities › Subpart 232-1 - General Provisions › Section 232-1.3 - Spill containment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) New
					 or reinstalled dry-to-dry machines. The following dry-to-dry machines must be
					 equipped with a spill containment system (spill pan) capable of containing 125
					 percent of the capacity of the largest dry cleaning process tank or vessel
					 associated with the dry cleaning machine:
(1)
					 Perc dry-to-dry machines that were installed or reinstalled after May 15, 1997;
					 and
(2) Alternative solvent
					 dry-to-dry machines that are installed or reinstalled after the effective date
					 of this Subpart.
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 232 - Dry Cleaning Facilities › Subpart 232-1 - General Provisions › Section 232-1.4 - Solid and hazardous waste management

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All wastes must be managed in accordance
					 with Parts 360 through 374 and 376 of this Title, as applicable. Additionally:
(1) Alternative solvent-contaminated
					 wastewater must be handled in accordance with section 232-3.5(c)(9)  of this
					 Part;
(2) Perc-contaminated
					 wastewater must be handled in accordance with section 232-2.7  of this
					 Part;
(3) All hazardous waste
					 (including spent solvent, cartridge filters, spent carbon, still bottoms, and
					 lint) must be stored in tightly sealed separate containers that are impermeable
					 to the solvent;
(4) Hazardous waste
					 containers must be appropriately labeled, sealed and stored in a designated
					 area;
(5) Hazardous waste
					 containers must be in good condition and must be kept closed except when
					 necessary to add or remove waste; and
(6) Receipts or records showing the date and
					 volume of hazardous waste shipments must be retained for a period of five years
					 from the date they were created.
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 232 - Dry Cleaning Facilities › Subpart 232-1 - General Provisions › Section 232-1.5 - Emergency response

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 the event of a solvent release, the owner, operator or a designee must take all
					 reasonable measures to ensure the release is contained. These measures must
					 include, where applicable, stopping processes and operations, increasing room
					 exhaust ventilation, collecting and containing released solvent and removing
					 and maintaining containers.
(b) If
					 the facility has an uncontainable release, fire or explosion, the owner or
					 operator must report the event to the department and appropriate emergency
					 response agencies immediately.
(c)
					 Any emergency response action must be recorded on the form provided by the
					 department. This record must include, at a minimum:
(1) the date, duration and nature of any
					 malfunction, spill or incident of the dry cleaning system;
(2) the notification procedures;
					 and
(3) the corrective actions
					 taken.
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 232 - Dry Cleaning Facilities › Subpart 232-1 - General Provisions › Section 232-1.6 - Permitting

Current through Register Vol. 46, No. 28, July 10, 2024
Part 201 of this Title (permitting requirements) applies
						to all new and existing dry cleaning facilities subject to this Part.
(a) Any operational dry cleaning facility
					 that uses perc and/or alternative solvents in dry cleaning equipment must have
					 a valid air permit or registration as required in paragraphs (1)-(4) of this
					 subdivision.
(1) Major dry cleaning facilities
					 must have a title V air facility permit as required under Subpart 201-6 of this
					 Title.
(2) Owners or operators of
					 non-major dry cleaning facilities with a yearly perc consumption greater than,
					 or equal to, 1,050 gallons per year must obtain a State facility permit as
					 required under Subpart 201-5 of this Title. All non-major dry cleaning
					 facilities using alternative solvents must obtain a State facility permit if
					 their yearly solvent consumption exceeds 3,000 gallons.
(3) All applicable dry cleaning facilities
					 that do not require a title V or State facility permit must obtain an air
					 facility registration.
(4) Any dry
					 cleaner that determines its yearly consumption of perc and/or alternative
					 solvent has exceeded a major dry cleaning facility threshold, as defined in
					 section
					 232-1.2(b)(45) 
					 of this Subpart, must submit a complete application for a title V permit within
					 180 calendar days from the determination date. Dry cleaners that have exceeded
					 one of the State facility thresholds in paragraph (2) of this subdivision must
					 submit a complete application for a State facility permit within 90 days of
					 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 232 - Dry Cleaning Facilities › Subpart 232-1 - General Provisions › Section 232-1.7 - Posting notices

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Facility owners or operators must post the notices described in subdivision (b)
					 and/or (c) of this section that inform building tenants and/or customers of the
					 dry cleaning solvent(s) used in the perc and alternative solvent dry cleaning
					 equipment at the facility. These notices, supplied upon request and prepared by
					 the department with information provided by the facility owner or operator,
					 must be posted in a conspicuous location at the facility which is accessible to
					 the general public.
(b) Notices
					 that contain the following statements must be posted in dry cleaning facilities
					 with operational perc dry cleaning equipment:
(1) "This dry cleaning facility uses the
					 chemical commonly called perc (it is also called tetrachloroethene,
					 tetrachloroethylene or perchloroethylene).";
(2) "You may request information from this
					 dry cleaner about inspections that may have been conducted at this facility,
					 including indoor air testing.";
(3)
					 "You may contact the New York State Department of Environmental Conservation if
					 you smell chemical odors or see liquid leaking from the dry cleaning operations
					 at '(include phone number)'.";
(4)
					 "If you want more information about indoor air testing or health effects from
					 exposure to perc, call the New York State Department of Health toll free at
					 '(include phone number)'.";
(5)
					 "Name of Dry Cleaning Facility: '(include name)'";
(6) "NYSDEC permit or registration number:
					 '(include permit or registration number)'";
(7) "Address of Facility: '(include
					 address)'";
(8) "Owner or Operator
					 of Facility: '(include owner or operator's name)'"; and
(9) "If Emergency, contact: '(include
					 telephone number)'".
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 232 - Dry Cleaning Facilities › Subpart 232-2 - Perchloroethylene Dry Cleaning Equipment › Section 232-2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart
					 applies to all perchloroethylene (perc) dry cleaning equipment at new and
					 existing dry cleaning facilities.