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 201 - Permits And Registrations › Subpart 201-3 - PERMIT EXEMPT AND TRIVIAL ACTIVITIES › Section 201-3.3 - Trivial activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 owner or operator of an emission source or activity that is listed as being
					 trivial in this sectio n m a y be required to certify that it is operated
					 within the specific criteria described in this Subpart. The owner or operator
					 of any such emission source or activity must maintain all required records
					 on-site for a pe rio d o f f ive years and make them available to
					 representatives of the department upon request.
(b) The owner or operator of any emission
					 source or activity that is listed as being trivial in this section shall
					 operate and maintain the emission source and any associated emissions controls
					 in a manner consistent with manufacturer's specifications and good engineering
					 practices. Failure to do so constitutes a violation of this Part.
(c) The category headings used in the
					 following listing of trivial activities are strictly for organizational
					 purposes and are not intended to be definitive. The following activities are
					 trivial and are exempt from permitting requirements and do not need to be
					 included in the title V facility permit application:
Combustion
(1)
					 Boiler water treatment operations.
Domestic / Work Station Comfort and Related
(2) Any emission source or process
					 constructed or operated at a domestic residence strictly for domestic
					 use.
(3) Vacuum cleaning systems
					 used exclusively for office type areas at industrial facilities, or commercial
					 or residential housekeeping.
(4)
					 Ventilating systems used exclusively for temperature and humidity control of
					 buildings for the comfort of people living or working within the building
					 except those systems which are subject to applicable requirements under title
					 VI of the act.
(5) Exhaust systems
					 for the storage of portable containers, drums, and bags of chemicals in rooms,
					 buildings and warehouses, subject to the following:
(i) the rooms, buildings and warehouses
					 subject to this exemption are solely for the purpose of chemical storage, and
					 no mixing, transfer or filling operations with the exception of sampling for
					 quality assurance/quality control purposes, take place within such areas;
					 and
(ii) the chemicals stored in
					 such areas are maintained in sealed containers.
(6) Smoking rooms and areas.
(7) Bathroom/toilet vents.
(8) Beauty salons, nail salons, and barber
					 shops.
(9) Laundry dryers,
					 extractors, or tumblers used to clean fabrics with water solutions of bleach
					 and detergents, where the emissions of such operations are controlled by
					 appropriate emission control devices.
Mobile Sources and Mobile Source Related
(10) Engine exhaust emissions
					 and/or refueling emissions generated from mobile and portable powered vehicles
					 and equipment used for the propulsion or operation of passengers and/or freight
					 transportation vehicles, marine vehicles and equipment, construction and
					 vehicles and equipment powered by non- road engines, farm vehicles and
					 equipment, competition and entertainment vehicles and equipment, and/or any
					 other type of mobile or portable engine powered vehicles or equipment when
					 these vehicles or equipment are operated anywhere outside of an enclosed
					 facility for the purpose of their design and intended use or f or compliance
					 assessment with any safety or emission control or inspection programs
					 sanctioned by New York State, the Federal government or any governmental entity
					 empowered to carry out such activities.
(11) Engine exhaust emissions and/or
					 refueling emissions generated from mobile and portable powered vehicles and
					 equipment such as competition and entertainment vehicles and equipment, farm
					 vehicles and equipment, construction and vehicles and equipment powered by
					 non-road engines, automobiles, motorcycles, trucks, buses, marine vehicles and
					 equipment, small engine powered tools and equipment, or any other type of
					 mobile or portable engine powered vehicles or equipment which are collected
					 and/or vented in any manner to the outdoor atmosphere when these vehicles and
					 equipment are operated inside of an enclosed structure or under a covered
					 structure for the purposes of their design and intended us e, p ub lic safety,
					 comfort or entertainment, facility maintenance, vehicle or equipment repair,
					 adjustment or testing, or compliance assessment with any safety or emission
					 control or inspection programs sanctioned by New York State, the Federal
					 government, or any governmental entity empowered to carry out such
					 activities.
(12) The use of
					 products such as antifreeze and fuel additives for the purpose of maintaining
					 motor vehicles.
(13) Fugitive
					 emissions related to movement of passenger vehicles, provided the emissions are
					 not counted for applicability purposes and any required fugitive dust control
					 plan or its equivalent is submitted.
Agricultural
(14) Ventilating systems used in buildings to
					 house animals.
Commercial - Food Service Industries
(15) Emissions from process, exhaust or
					 ventilating systems in bakeries and restaurants which derive over 50 percent of
					 their revenues from retail sales on premises.
(16) Non-conveyorized bakery ovens, including
					 batch ovens, which are defined as a non-conveyor b e lt oven operating a single
					 baking cycle in which a determinate amount of product is cooked at one
					 baking.
(17) Bakery ovens used
					 exclusively to produce baked goods leavened chemically in the absence of
					 yeast.
(18) Process or exhaust or
					 ventilating systems involved in the preparation of food, food blanching or
					 cooking in water.
(19) Process,
					 exhaust or ventilating systems or stationary combustion installations
					 exclusively involved in the production of maple syrup.
Commercial - Graphic Arts
(20) Lead melting pots used in printing
					 establishments.
(21) Blueprint
					 machines.
(22) Photocopying,
					 photographic processing or related equipment.
(23) Proof press operations.
(24) Heat sealing operations which are used
					 to seal and separate polyethylene and polypropylene bags.
Commercial - Other
(25) Batch process kilns used for firing
					 ceramic ware, subject to the following:
(i)
					 the exhaust stream does not contain emissions of fluorides, lead, and/or
					 beryllium; and
(ii) the total heat
					 input is less than one million Btu/hr.
Municipal/Public Health Related
(26) Equipment used exclusively to
					 generate ozone for water treatment processes.
(27) Air stripping processes utilized on
					 public drinking water supplies.
(28) Su b -slab depressurization systems that
					 are not installed or operated as a remedial system for soil or groundwater
					 contamination.
(29) Remedial
					 systems used to remediate soil and groundwater contamination that are required
					 under the provisions of an order on consent or stipulation agreement, operated
					 under the supervision of the department, and are properly controlled as
					 required by the department.
(30)
					 Air strippers and monitoring wells operated for test purposes to q u alif y a n
					 d quantify air emissions for remediation projects where such operations do not
					 exceed a time perio d that is acceptable to the department.
(31) Emissions from the storage and
					 application of road salt (calcium chloride or sodium chloride).
(32) All process emission sources which are
					 located at private, public, or vocational education institutions, where the
					 emissions are primarily the result of teaching and training exercises, and the
					 institution is not engaged in the manufacture of products for commercial
					 sale.
(33) Emergency relief vents,
					 stacks and ventilating systems except any with the potential to emit vinyl
					 chloride located at a facility where ethylene dichloride, vinyl chloride and/or
					 polyvinyl chloride are produced. This activity does not include bypass stacks
					 or vents on incinerators or any other equipment, or any other vents or stacks
					 that operate or release air contaminants to the outdoor atmosphere on a
					 frequent or regular basis.
(34)
					 Snow plowing, street sweeping, sanding and ashing of streets and roads to abate
					 traffic hazards.
(35) Emergency
					 road flares.
(36) Road and lot
					 paving and striping operations.
(37) Public or private roadways, parking
					 lots.
(38) Manhole
					 covers.
(39) Sewers.
(40) Storm drains and vents.
(41) Solid waste handling equipment,
					 including but not limited to: dumpsters, transfer stations, wood chippers,
					 recycling operations, composting operations, and associated activities. This
					 activity does not include solid waste incinerators and other thermal treatment
					 technologies, scrap metal and automotive shredding operations, or construction
					 and demolition waste crushers.
(42)
					 Excavation for the repair of underground utility lines such as water, electric,
					 or natural gas.
(43) Asbestos
					 demolition and removal work subject to  40 CFR part 61, subpart M and/or 12
					 NYCRR Part 56.
Storage Vessels
(44) Storage vessels, tanks and containers
					 with a capacity of less than 750 gallons.
Maintenance and Construction Related Activities
(45) The following activities are
					 considered trivial when they occur strictly for maintenance or construction
					 activities: plastic pipe welding, soldering, brazing, cutting torches,
					 janitorial activities, steam cleaning, water washing, acid and caustic washing
					 activities, miscellaneous use of solvents, adhesives and caulking,
					 miscellaneous sandblasting, non-asbestos insulation removal, application of
					 refractory and insulation, the periodic use of air for clean-up, the process of
					 demolition and rebricking boilers, smelters, furnaces and kilns (this does not
					 include the subsequent operation of such equipment), the surface coating of
					 equipment and buildings as is related to maintenance and construction, and
					 activities which occur for maintenance of grounds such as lawn care, weed
					 control and pest control.
(46)
					 Excavation for new construction.
Industrial
(47) Degreasing units which exclusively use
					 non-hazardous air pollutant acids.
(48) Degreasing units which exclusively use
					 caustics (e.g., potassium hydroxide and sodium hydroxide).
(49) Remote reservoir parts cleaners whose
					 use of solvent is contained to the immediate cleaning of the part, after which
					 time the solvent is drained through a drain opening, not to exceed 16 square
					 inches, and is returned to a remote reservoir containing the solvent.
(50) 'Reserved'.
(51) Cold cleaning degreasers with an
					 internal volume less than or equal to two gallons.
(52) Hand-held or manually operated equipment
					 used for buffing, polishing, carving, cutting, drilling, machining, routing,
					 sanding, sawing, surface grinding, sand blasting or turning ceramic art work, ceramic precision parts, leather, metal parts, plastics, fiberboard,
					 fiberglass, masonry, carbon, glass, graphite, wood or rubber.
(53) Manual surface coating/painting
					 processes which exclusively use brushes, rollers, hand helds pray guns with a
					 capacity less than three ounces, or aerosol cans.
(54) Hand-held or manually operated welding,
					 brazing and soldering equipment.
(55) Acetylene, butane, and propane
					 torches.
(56) Equipment used for
					 hydraulic or hydrostatic testing.
(57) Equipment lubricating systems, including
					 metal cutting coolants and oils.
(58) Pneumatic starters used to start
					 reciprocating engines, turbines, and other equipment.
(59) Instrument air systems, excluding
					 fuel-fired compressors.
(60) Air
					 vents from air compressors and pneumatically operated equipment emitting
					 ambient air.
(61) Drum washing
					 operations, where such operations are necessary to meet Resource Conservation
					 and Recovery Act (RCRA) standards.
(62) Vacuum producing devices where only
					 ambient air and the oil emissions from the vacuum producing mechanism itself
					 are exhausted.
(63) Woodworking
					 operations provided such operations exhaust to a sawdust collection system
					 controlled by an appropriate emission control device. This activity does not
					 include surface coating operations.
(64) Sawmills, provided all processes are
					 located at least 500 feet from any recreational area, school, or private
					 residence and all residues from debarking, planing, sawing, etc., are contained
					 in such a manner as to minimize fugitive emissions.
(65) Equipment used to mix and package soaps,
					 vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions,
					 provided appropriate lids and covers are utilized.
(66) Drop hammers or hydraulic presses for
					 forging or metalworking.
(67)
					 Transportable chemical containers including rail cars, portable tanks, totes
					 and trailers.
Miscellaneous
(68) Open fires as defined in Part 215 of
					 this Title.
(69) Fire training
					 activities as allowed under Part 215 of this Title.
(70) Fire suppression systems.
(71) Fecal incinerators with a charging rate
					 not exceeding 10 pounds per hour, such as those used on certain vehicles or
					 other special cases.
(72) Paint
					 mixing operations located at retail paint, hardware or department stores where
					 the paint is sold in five gallon or smaller containers.
(73) Rifle and pistol ranges.
(74) Aircraft de-icing operations.
(75) Contaminant detectors, sampling devices
					 and recorders.
(76) Emissions from
					 natural gas odoring activities.
(77) Battery charging areas except those
					 located at battery manufacturing plants.
(78) Incubators.
(79) The venting of compressed natural gas,
					 butane or propane gas cylinders.
(80) Coal car thaw-pit burners.
(81) Use of office equipment and products
					 including, but not limited to, desktop printers, fax machines, scanners and
					 photocopiers used as printers, but not including graphic arts processes as
					 defined in Part 234 of this Title.
(82) Consumer use of paper
					 trimmers/binders.
(83) Blacksmith
					 forges.
(84) Laser and plasma
					 cutters and trimmers using appropriate emissions control devices that do not
					 emit hazardous air pollutants.
(85)
					 'Reserved'.
(86) Environmental
					 chambers not using hazardous air pollutant gases.
(87) Shock chambers.
(88) Humidity chambers.
(89) Solar simulators.
(90) Process water filtration systems and
					 demineralizers.
(91) Demineralized
					 water tanks and demineralizer vents.
(92) Steam leaks.
(93) Steam vents.
(94) Emissions of water vapor, oxygen,
					 nitrogen, inert gases such as argon, helium, neon, krypton and xenon, hydrogen,
					 ethane, and trace constituents included in raw materials where the constituents
					 are less than 1 percent by weight for any regulated air pollutant, or 0.1
					 percent by weight for any carcinogen listed by the United States Department of
					 Health and Human Services' Fourteenth Report on Carcinogens (2016) (see Table
					 1, Section
					 200.9  of this
					 Title).
(95) Emissions of carbon
					 dioxide and methane, except where specifically regulated by a Federal or State
					 law or regulation.
(96) Solvent
					 cleaning of parts and equipment performed exclusively by hand wiping or hand
					 cleaning unless such cleaning reaches the applicability criteria of Subpart
					 226-2 of this Title.