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 231-9.4 - Setting the initial pal

Current through Register Vol. 46, No. 28, July 10, 2024
The PAL for a facility must be calculated as the sum of
						the baseline actual emissions of the PAL contaminant for each emission source
						at the facility plus an amount equal to the applicable significant project
						threshold for the PAL contaminant under Subpart 231-13 of this Part or under
						the act, whichever is lower.
(a) When
					 establishing the PAL for a particular PAL contaminant, only one 24 consecutive
					 month period may be used to determine the baseline actual emissions for all
					 emission sources. However, a different 24 consecutive month period may be used
					 for each different PAL contaminant.
(b) Emissions associated with emission
					 sources that were permanently shut down after this 24 consecutive month period
					 must be subtracted from the PAL calculation.
(c) Emissions from a permitted emission
					 source or an exempt or trivial emission source on which actual construction
					 began after the 24 consecutive month period, but has not yet commenced
					 operation, must be added to the PAL calculation in an amount equal to the
					 potential to emit of the emission source.
(d) Where the department is aware of any
					 future applicable requirement(s), prior to issuance of the permit which
					 establishes the PAL, the department will specify a reduced PAL in the permit to
					 become effective on the future compliance date(s) of the applicable
					 requirement(s). For example, if the facility will be required to reduce
					 emissions from industrial boilers in half from baseline emissions of 60 ppm NO
					 x to a new rule limit of 30 ppm, the permit must contain
					 a future effective PAL that is equal to the current PAL reduced by half of the
					 original baseline emissions of such emission source(s).
(e) Commencing with the first day of the
					 sixth year of the PAL, the PAL shall be reduced as follows:
(1) The PAL level shall be reduced to 75
					 percent of the initial PAL level unless the owner or operator demonstrates that
					 a lesser level of reduction is justified in accordance with paragraph (2) of
					 this subdivision.
(2) The owner or
					 operator may seek an alternative reduced PAL level by demonstrating, at the
					 time of application for the PAL, that application of BACT and/or LAER
					 (depending on whether attainment or nonattainment requirements apply) on all
					 major PAL emission sources at the facility would not result in a 25 percent
					 reduction in the initial PAL level, assuming operation of those major PAL
					 emission sources at full capacity. In its application for a PAL, the owner or
					 operator shall provide, as applicable, a BACT review in accordance with section
					 231-8.7 
					 of this Part and/or a LAER analysis in accordance with section
					 231-6.5 
					 of this Part. Based on the information provided, the department may, in its
					 sole discretion, authorize a reduction in the PAL to a level that would reflect
					 the emissions from the facility if all major PAL emission sources are operated
					 at full capacity after complying with BACT and/or LAER, as applicable. In
					 making these determinations, emissions from minor PAL emissions sources shall
					 be held constant at the initial baseline levels. In no event shall the reduced
					 PAL level calculated in this paragraph exceed the initial PAL level set in
					 subdivisions (a) through (d) of this section.