New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-6 - Modifications to Existing Major Facilities in Nonattainment Areas and Attainment Areas of the State within the Ozone Transport Region › Section 231-6.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this Subpart apply to the
						construction and/or operation of any proposed modification at an existing major
						facility located in a nonattainment area, or an attainment area of the State
						within the ozone transport region as follows:
(a) For a modification with a project
					 emission potential, calculated utilizing projected actual emissions, which does
					 not equal or exceed the applicable significant project threshold in table 3 or
					 table 4 of Subpart 231-13 of this Part, the facility owner or operator must
					 comply with the provisions of section
					 231-11.2 
					 of this Part.
(b) For a
					 modification with a project emission potential which equals or exceeds the
					 applicable significant project threshold in table 3 or table 4 of Subpart
					 231-13 of this Part, but does not result in a NSR major modification, the
					 facility owner or operator must comply with the provisions of section
					 231-6.2  of this
					 Subpart.
(c) For a modification
					 which the facility determines will result in a NSR major modification, the
					 facility owner or operator must comply with the provisions of this Subpart as
					 appropriate.
(d) 'Special
					 applicability rules for modifications of existing major facilities in severe
					 ozone non attainment areas'.
(1)
					 Modifications of facilities emitting less than 100 tpy. In the case of any
					 major facility of VOC or NOx (other than a facility
					 which emits or has the potential to emit 100 tpy or more of VOC or
					 NOx), whenever any modification at the facility results
					 in a NSR major modification of VOC or NOx from any
					 discrete operation, emission source, or other regulated NSR contaminant
					 emitting activity at the facility, such emission increase shall be considered
					 as a modification for purposes of requiring a permit under this Part, except
					 that such increase shall not be considered a modification for such purposes if
					 the owner or operator of the facility elects to offset the emission increase by
					 a greater reduction in emissions of VOC or NOx, as
					 applicable, from other operations, emission sources, or activities within the
					 facility at an internal offset ratio of at least 1.3 to 1. If the owner or
					 operator does not make such election, the modification shall be considered a
					 NSR major modification for such purposes, but in applying control requirements,
					 BACT shall be substituted for LAER.
(2) Modifications of facilities emitting 100
					 tpy or more. In the case of any major facility of VOC or
					 NOx which emits or has the potential to emit 100 tpy or
					 more of VOC or NOx whenever any modification at the
					 facility results in a NSR major modification of VOC or
					 NOx from any discrete operation, emission source, or
					 other contaminant emitting activity at the facility, such emission increase
					 shall be considered a modification for purposes of requiring a permit under
					 this Part, except that if the owner or operator of the facility elects to
					 offset the emission increase by a greater reduction in emissions of VOC or
					 NOx, as applicable, from other operations, emission
					 sources, or activities within the facility at an internal offset ratio of at
					 least 1.3 to 1, the requirements of LAER shall not apply.