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 231-2 - REQUIREMENTS FOR EMISSION UNITS SUBJECT TO THE REGULATION ON OR AFTER NOVEMBER 15, 1992 AND PRIOR TO FEBRUARY 19, 2009 › Section 231-2.4 - Permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Any proposed source project or proposed major facility
						which emits any nonattainment contaminant and is subject to this Subpart
						according to any applicability criterion contained in section
						231-2.2(a) 
						of this Subpart must comply with the following permit requirements:
(a) 'Application requirements'.
(1) Proposed source project netting out of
					 applicability. The applicant shall, as part of a permit application for any
					 significant source project that does not result in a significant net emission
					 increase, identify each emission unit from which an ERC was used in a net
					 emission increase determination of non-applicability in accordance with the
					 requirements of section
					 231-2.7  of this Subpart.
					 This shall include the name of the emission unit, emission unit identification
					 number, and the mechanism proposed to effect the ERC ('i.e.', emission unit
					 shutdown, source reduction, curtailment, over-control of emissions beyond an
					 acceptable limit).
(2) Proposed
					 source project or proposed major facility subject to this Subpart. As part of a
					 permit application for a proposed source project or proposed major facility
					 subject to this Subpart, the applicant shall:
(i) certify that all emission units which are
					 part of any major facility located in New York State and under the applicant's
					 ownership or control (or under the ownership or control of any entity which
					 controls, is controlled by, or has common control with the applicant) are in
					 compliance, or are on a schedule for compliance, with all applicable emission
					 limitations and standards under Chapter III of this Title; and
(ii) submit an analysis of alternative sites,
					 sizes, production processes, and environmental control techniques which
					 demonstrates that benefits of the proposed source project or proposed major
					 facility significantly outweigh the environmental and social costs imposed as a
					 result of its location, construction, or modification within New York State;
					 and
(iii) submit a LAER analysis in
					 accordance with section
					 231-2.5 
					 of this Subpart for each nonattainment contaminant subject to this Subpart;
					 and
(iv) for emissions of PM-10 or
					 CO only:
('a') submit a list of the offset
					 sources (facilities) from which ERCs will be used as part of the emission
					 offsets required pursuant to section
					 231-2.9(b) 
					 of this Subpart. This list must include the name and location of the facility,
					 DEC identification number (if applicable) and the emission reduction mechanism
					 ('i.e.', facility shutdown, emission unit shutdown, source reduction,
					 curtailment, over control of emissions beyond an applicable limit);
					 and
('b') submit an air quality
					 impact evaluation in accordance with the provisions of section
					 231-2.9(d) 
					 of this Subpart; and
('c') submit a
					 revised air quality impact evaluation, if the list changes after the
					 department's 'Notice of Complete Application'. Also, a supplemental public
					 notice and a 30-day comment period shall be required in accordance with section
					 231-2.10(c)(1) 
					 of this Subpart.