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 200 - General Provisions › Section 200.3 - False statement

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall make a false statement in connection with
					 applications, plans, specifications and/or reports submitted pursuant to this
					 Subchapter.
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 200 - General Provisions › Section 200.4 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Subchapter are held invalid, such
					 invalidity shall not affect other provisions which can be given effect without
					 the invalid provisions.
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 200 - General Provisions › Section 200.5 - Sealing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner may seal an air contamination source to prevent its operation if
				  compliance with this Chapter is not met within the time provided by an order of
				  the commissioner issued in the case of the violation.
Sealing
means labelling or tagging a source to notify any person that operation of the
				  source is prohibited, and also includes physical means of preventing the
				  operation of an air contamination source without resulting in destruction of
				  any equipment associated with such source, and includes, but is not limited to,
				  bolting, chaining or wiring shut control panels, apertures or conduits
				  associated with such source.
(b) No
				  person shall operate any air contamination source sealed by the commissioner in
				  accordance with this section unless a modification has been made which enables
				  such source to comply with all requirements applicable to such
				  modification.
(c) Unless authorized
				  by the commissioner, no person shall remove or alter any seal affixed to any
				  air contamination source in accordance with 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 200 - General Provisions › Section 200.6 - Acceptable ambient air quality

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the provisions of this Subchapter, no
					 person shall allow or permit any air contamination source to emit air
					 contaminants in quantities which alone or in combination with emissions from
					 other air contamination sources would contravene any applicable ambient air
					 quality standard and/or cause air pollution. In such cases where contravention
					 occurs or may occur, the commissioner shall specify the degree and/or method of
					 emission control required.
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 200 - General Provisions › Section 200.7 - Maintenance of equipment

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who owns or operates an air contamination source
					 which is equipped with an emission control device shall operate such device and
					 keep it in a satisfactory state of maintenance and repair in accordance with
					 ordinary and necessary practices, standards and procedures, inclusive of
					 manufacturer's specifications, required to operate such device
					 effectively.
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 200 - General Provisions › Section 200.8 - Conflict of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner or his designees who have the designated authority to approve
				  either permits and certificates issued pursuant to 6 NYCRR Part 201, or the
				  issuance of an order pursuant to section 19 of the ECL, shall disclose prior to
				  any such approval of issuance any significant portion of income, directly or
				  indirectly received from persons who may be a recipient of such a permit,
				  certificate or order.
(b) For the
				  purposes of this section:
(1)
A
				  significant portion of income
shall mean 10 percent or more of gross
				  personal income for a calendar year; or if the recipient is 60 years or over, a
significant portion of income
shall mean 50 percent of gross
				  personal income for a calendar year if such income is received pursuant to an
				  established fixed pension or retirement program.
(2)
Income
shall include
				  retirement benefits, consultant fees and dividends.
(3) Income is not received directly or
				  indirectly where it is derived from mutual fund payments or other diversified
				  investments where the identity of the primary source of income is not known to
				  the recipient.
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 201-1 - GENERAL PROVISIONS › Section 201-1.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Purpose'. The purpose of this Part is to require owners and operators of air
					 contamination sources to obtain a permit or registration from the department
					 for the construction and operation of such sources.
(b) 'Applicability'. This Part applies
					 throughout New York State. Except as specifically described in Subpart 201-3 of
					 this Part, owners and operators of air contamination sources must comply with
					 this Part. Owners or operators of major stationary sources subject to Subpart
					 201-6 of this Part must obtain a title V facility permit. Owners or operators
					 of other emission sources must either register, pursuant to Subpart 201-4 of
					 this Part, or obtain a State facility permit pursuant to Subpart 201-5 of this
					 Part. Owners or operators of emission sources subject to applicable
					 requirements, or the requirement to obtain a title V facility permit, may
					 request limitations on such source's potential to emit regulated air pollutants
					 in accordance with Subpart 201 -4 or 201-7 of this Part, in order to avoid such
					 applicable requirements. Subpart 201-8 of this Part provides for the issuance
					 of general permits for stationary sources subject to this Part, except for
					 affected sources under the Federal Acid Rain Program, unless otherwise provided
					 in regulations promulgated under title IV of the act.
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 201-1 - GENERAL PROVISIONS › Section 201-1.2 - Unpermitted emission sources

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as otherwise provided by this Part, construction or operation of a new,
					 modified or existing air contamination source without a registration or permit
					 issued pursuant to this Part is prohibited.
(b) If an existing facility or emission
					 source was subject to the permitting requirements of this Part at the time of
					 construction or modification, and the owner or operator failed to apply for a
					 permit or registration as described in this Part, the owner or operator must
					 apply for a permit or registration in accordance with the provisions of this
					 Part. The facility or emission source is subject to all regulations that were
					 applicable to it at the time of construction or modification and any subsequent
					 requirements applicable to existing emission sources.
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 201-1 - GENERAL PROVISIONS › Section 201-1.3 - Change in ownership

Current through Register Vol. 46, No. 28, July 10, 2024
A title V facility permit, State facility permit, general
						permit or registration is valid only for the emission unit(s), owner or
						operator, facility, mode of operation and permit conditions stated in the
						application, per m it or registration. The owner or operator can transfer the
						permit or registration to a new owner or operator if the mode of operation and
						emissions do not change. Permit transfers are subject to the procedures
						established under Part 62 1 of this Title. The transfer of a registration is
						subject to the procedures set forth in section 201-4. 4 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 201 - Permits And Registrations › Subpart 201-1 - GENERAL PROVISIONS › Section 201-1.5 - Emergency defense

Current through Register Vol. 46, No. 28, July 10, 2024
An emergency, as defined in Subpart 201-2 of this Part,
						constitutes an affirmative defense to penalties sought in an enforcement action
						brought by the department for noncompliance with emission limitations or permit
						conditions for all facilities in New York State.
(a) The affirmative defense of an emergency
					 shall demonstrate, through properly signed, contemporaneous operating logs, or
					 other relevant evidence, that:
(1) an
					 emergency occurred and that the facility owner or operator can identify the
					 cause(s) of the emergency;
(2) the
					 equipment at the facility was being properly operated and maintained;
(3) during the period of the
					 emergency the facility owner or operator took all reasonable steps to minimize
					 the levels of emissions that exceeded the applicable emission standards, or
					 other requirements in the permit; and
(4) the facility owner or operator notified
					 the department within two working days after the event occurred. This notice
					 must contain a description of the emergency, any steps taken to mitigate
					 emissions, and any 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 201 - Permits And Registrations › Subpart 201-1 - GENERAL PROVISIONS › Section 201-1.6 - Public participation

Current through Register Vol. 46, No. 28, July 10, 2024
Local and Federal government, affected State and public
						participation in permit proceedings will be provided for in accordance with
						procedures established in Part 621 of this Title unless otherwise provided for
						in 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 201 - Permits And Registrations › Subpart 201-1 - GENERAL PROVISIONS › Section 201-1.7 - Recycling and salvage

Current through Register Vol. 46, No. 28, July 10, 2024
Where practical, the owner or operator of an air
						contamination source shall recycle or salvage air contaminants collected in an
						air cleaning device according to the requirements 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 201 - Permits And Registrations › Subpart 201-1 - GENERAL PROVISIONS › Section 201-1.8 - Prohibition of reintroduction of collected contaminants to the air

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall unnecessarily remove, handle, or cause to
						be handled, collected air contaminants from an air cleaning device for
						recycling, salvage or disposal in a manner that would reintroduce them to the
						outdoor atmosphere.
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 201-1 - GENERAL PROVISIONS › Section 201-1.9 - Delegation of program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 department may delegate permitting and/or enforcement of this Part and other
					 Parts of this Title to a city or county. In order for the city or county to
					 qualify for delegation, the department must:
(1) determine that the city or county has:
(i) enacted local laws, ordinances and
					 regulations consistent with the relevant requirements of this Title;
					 and
(ii) the staff resources and
					 expertise necessary to implement the program to be delegated.
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 201-1 - GENERAL PROVISIONS › Section 201-1.10 - Public access to recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Where facility owners or operators keep records pursuant to compliance with
					 requirements of this Part, the department will make such records available to
					 the public upon request in accordance with Part 616 o f this Title. Facility
					 owners or operators must submit the records required to comply with the request
					 within 60 working days of written notification by the department of receipt of
					 the request.
(b) For facilities
					 subject to Subpart 201-6 of this Part, the department will make available to
					 the public any permit application, compliance plan, permit, and monitoring and
					 compliance certification report pursuant to section 503(e) of the act, except
					 for information entitled to confidential treatment pursuant to Part 616 of this
					 Title or section 114(c) of the act.
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 201-1 - GENERAL PROVISIONS › Section 201-1.11 - Temporary emission sources

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The owner or operator of a facility operating a temporary emission source, as
					 defined in Subpart 2 0 1 -2 of this Part, is not required to obtain or modify a
					 permit or registration for that source, as otherwise required by this Part, if
					 the following conditions are met:
(1) the
					 owner or operator of the temporary emission source notifies the department of
					 the intent to operate a temporary emission source at least 10 days in advance
					 of such operation;
(2) the emission
					 source is operated in compliance with all applicable requirements;
(3) the owner or operator of the facility
					 where the temporary emission source is located maintains records on-site, for a
					 period of at least five years, indicating the dates of operation of each
					 temporary emission source;
(4)
					 total emissions from the emission source do not exceed, or cause an existing
					 permitted or registered facility to exceed, any of the following threshold
					 levels:
(i) the major facility thresholds
					 described in Paragraph 201-2.1(b)(21) of this Part;
(ii) an emissions cap established pursuant to
					 Subparts 201-4 or 201-7 of this Part; or
(iii) the significant project thresholds
					 described in Part 231 of this Title at an existing major facility ;
					 and
(5) the temporary
					 emission source is not an affected source, as defined in paragraph
					 201-2.1(b)(3) 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 201 - Permits And Registrations › Subpart 201-1 - GENERAL PROVISIONS › Section 201-1.12 - Suspension, reopening, renewal, modification, revocation, and enforcement of air permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 department may suspend, reopen, renew, modify or revoke a permit in accordance
					 with the procedures and provisions of Part 621 of this Title.
(b) Failure to operate and maintain a
					 permitted emission source or air cleaning device in compliance with all
					 applicable requirements, permit conditions, other Parts of this Title and
					 existing laws shall be grounds for an enforcement action and sufficient reason
					 for the department to revoke or deny a permit or registration in accordance
					 with the procedures and provisions of Part 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 201 - Permits And Registrations › Subpart 201-1 - GENERAL PROVISIONS › Section 201-1.13 - Access to regulated facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Department representatives must be granted access, during
						normal operating hours, to any facility regulate d by this Part, including
						facilities that are not required to obtain a permit or registration pursuant to
						Subpart 201-3 of this Part, for the purpose of determining compliance with this
						and any other State or Federal air pollution control requirement, regulation,
						or law.
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 201-1 - GENERAL PROVISIONS › Section 201-1.14 - Certificates to operate

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of an existing facility operating
						under a certificate to operate and/or permit to construct is required to apply
						to the department f or a registration or permit, as described in this Part, with in 9 0 days of receiving written notification from the
						department.
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 201-1 - GENERAL PROVISIONS › Section 201-1.15 - Requirement to commence construction

Current through Register Vol. 46, No. 28, July 10, 2024
The existence of a valid permit shall not be construed as
						authorizing construction if construction is not commenced within 18 months
						after the date of permit issuance, if construction is discontinued for a period
						of 18 months or more, or if construction is not completed within a reasonable
						time as determined by the department. Up to an 18-month extension may be
						granted by the department upon a showing of good cause in a written request by
						the facility owner or operator. The department may suspend, modify or revoke
						the permit or registration pursuant to Part 621 of this Title if construction
						has not commenced within 18 months of issuance of such permit or registration,
						or construction has been discontinued f or a period of more than 18 months at
						any point after issuance of such permit or 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 201 - Permits And Registrations › Subpart 201-1 - GENERAL PROVISIONS › Section 201-1.16 - Research and development activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner or operator of a facility
					 conducting one or more research and development activities is not required to
					 obtain or modify a permit or registration for those activities, as otherwise
					 required by this part, if the following conditions are met:
(1) The research and development activities
					 do not produce commercial quantities of materials or products for
					 sale;
(2) The research and
					 development activities are exhausted to an appropriate control
					 device;
(3) The facility owner or
					 operator maintains a record of each research and development activity conducted
					 at the facility, including:
(i) The quantity
					 of each material used on a monthly basis;
(ii) The material safety data sheet for each
					 material used;
(iii) 12-month
					 rolling total emissions calculations for each air contaminant emitted to the
					 outdoor atmosphere; and
(4) Total emissions from research and
					 development activities do not exceed, or cause an existing permitted or
					 registered facility to exceed, any of the following threshold levels:
(i) The major facility thresholds described
					 in Paragraph 201-2.1(b)(21) of this Part;
(ii) An emissions cap established pursuant to
					 Subpart 201-4 or 201-7 of this Part; or
(iii) The significant project thresholds as
					 described in Part 231 of this Title at an existing major 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 201 - Permits And Registrations › Subpart 201-3 - PERMIT EXEMPT AND TRIVIAL ACTIVITIES › Section 201-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 provided in subdivisions (c) and (d) of this section, an emission source listed
					 as an exempt or trivial activity in this Subpart is exempt from the
					 registration and permitting provisions of Subparts 201-4, 2 01 -5, and 201-6 of
					 this Part. This does not mean that these activities are exempted from other
					 applicable requirements or from applicable registration and/or permitting
					 requirements of local air pollution control agencies.
(b) Unless otherwise provided for in this
					 Chapter, emissions from exempt activities must be included in potential to emit
					 calculations when determining whether a facility or emission source is subject
					 to:
(1) title V facility permitting pursuant
					 to Subpart 201-6 of this Part; and/or
(2) new source review pursuant to Part 231 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 201 - Permits And Registrations › Subpart 201-3 - PERMIT EXEMPT AND TRIVIAL ACTIVITIES › Section 201-3.2 - Exempt 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
					 exempt may 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 records necessary for demonstrating
					 compliance with this Subpart on-site for a period of five 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 exempt 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 exempt activities are strictly for organizational purposes
					 and are not intended to be definitive. The following activities are exempt from
					 permitting requirements at non-title V facilities, but must be listed in title
					 V facility permit applications:
Combustion
(1)
					 Stationary or portable combustion installations where the furnace has:
(i) a maximum rated heat input capacity less
					 than 10 million Btu/hr burning liquid and gaseous fuels ; or
(ii) a maximum rated heat input capacity of
					 less than one million Btu/hr burning solid fuels.
This activity does not include combustion equipment
						burning any material classified as a solid waste, as defined in Part 360 of
						this Title, a hazardous waste, as defined in Part 371 of this Title, or waste
						oil, as defined in Subpart 225-2 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 201 - Permits And Registrations › Subpart 201-4 - MINOR FACILITY REGISTRATION › Section 201-4.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Owners or
					 operators of facilities with emission sources that are not exempt or trivial
					 pursuant to Subpart 201-3 of this Part, and not otherwise required to obtain a
					 permit pursuant to Subparts 201 -5 or 201-6 of this Part, are required to
					 register with the department as specified in this Subpart. Such facilities
					 include, but are not limited to:
(1) any
					 facility which has annual actual emissions of regulated air contaminants, each
					 of which do not exceed the appropriate threshold in section
					 201-4.5(a) 
					 of this Subpart, regardless of the facility's potential to emit for that
					 contaminant; and
(2) any facility
					 with annual actual emissions of all high toxicity air contaminants in an amount
					 that is less than the thresholds listed in Table 1 of Subpart 201-9 of this
					 Part. The facility's annual actual emissions of high toxicity air contaminants
					 do not include emissions from stationary or portable combustion installations
					 or activities considered to be exempt or trivial, as described in Subpart 201-3
					 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 201 - Permits And Registrations › Subpart 201-4 - MINOR FACILITY REGISTRATION › Section 201-4.2 - General Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Registrations are ministerial actions for the purposes of Part 617 State
					 Environmental Quality Review of this Title.
(b) Registrations are not subject to Part 621
					 Uniform Procedures of this Title.
(c) Registrations shall authorize both
					 construction and operation of the listed emission sources at the registered
					 facility.
(d) Where the activity
					 requiring registration is associated with the construction of a new facility or
					 emission source, or modification of an existing facility or emission source,
					 the owner or operator may not commence construction or modification until a new
					 registration certificate is issued by the department. The department will
					 notify the facility owner or operator whether the registration application is
					 acceptable within 30 days of receipt of the application.
(e) New and modified registrations issued
					 after February 22, 2013 are valid for 10 years from the date of
					 issuance.
(f) The department may
					 withdraw or revoke, consistent with the suspension and revocation procedures
					 set forth in Part 621 of this Title, any registration upon a determination that
					 the registered activity poses the potential for a significant adverse impact to
					 the public health, safety, welfare, or the environment.
(g) The owner or operator of a facility
					 holding a registration issued without an expiration date must submit an updated
					 registration application, as described in this Subpart, to the department
					 within 90 days of receiving written notification from the department.
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 201-4 - MINOR FACILITY REGISTRATION › Section 201-4.3 - Application Content

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 registration applications submitted to the department shall be signed by a
					 responsible official and provided in a format acceptable to the department. At
					 a minimum, registration applications must include the following:
(1) identifying information, including the
					 owner's name and address, and the facility's name and address;
(2) if the application is for a new facility,
					 a location map with the facility location clearly marked on it;
(3) a detailed description of the operations
					 carried out at the facility including all emission sources, processes and
					 products;
(4) a listing of the
					 Standard Industrial Classification Codes (SIC) or North American Industry
					 Classification System codes (NAICS) that corresponds to the primary operations
					 carried out at the facility;
(5) a
					 list of all regulated air pollutants and high toxicity air contaminants, as
					 listed in Subpart 201-9 of this Part, emitted from the facility, including the
					 rate and quantity of emissions in sufficient detail for the department to
					 determine all State and Federal requirements that are applicable to the
					 facility;
(6) a list of all
					 emission sources at the facility, except those that are exempt or trivial
					 pursuant to Subpart 201-3 of this Part;
(7) a listing of the applicable New York
					 State requirements in this Chapter;
(8) a listing of the applicable Federal
					 requirements; and
(9) any other
					 related information requested by the department.
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 201-4 - MINOR FACILITY REGISTRATION › Section 201-4.4 - Notification of changes in ownership

Current through Register Vol. 46, No. 28, July 10, 2024
Owners or operators of registered facilities must notify
						the department of a change or transfer of ownership within 30 days of such
						transfer by submitting an updated registration application and application for
						permit transfer to the department.
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 201-4 - MINOR FACILITY REGISTRATION › Section 201-4.5 - Emission capping by rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Purpose'. The purpose of this section is to provide a method of establishing
					 federally enforceable emission caps known as capping by rule. A facility may
					 cap by rule as follows:
(1) 'Major Facility
					 Thresholds'. To avoid the requirement for a Title V facility permit, the
					 facility owner or operator must maintain actual emissions of each regulated air
					 contaminant at less than 50 percent of the major facility thresholds, as
					 described in Paragraph 201-2.1(b)(21) of this Subpart, during each 12-month
					 period; and/or
(2) 'Applicable
					 State Thresholds'. To avoid the control requirements of a state regulation, the
					 facility owner or operator must maintain actual emissions of volatile organic
					 compounds at less than 50 percent of an applicability threshold based on
					 potential to emit in that regulation during each 12-month period.
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 201-5 - STATE FACILITY PERMITS › Section 201-5.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except when
					 required to obtain a title V facility permit pursuant to Subpart 201-6 of this
					 Part, owners or operators of facilities with emission sources that are not
					 exempt or trivial pursuant to Subpart 201-3 of this Part are subject to the
					 requirements of this Subpart if:
(1) the
					 facility's potential to emit is being capped pursuant to section 201-7. 1 of
					 this Part to avoid the requirement to obtain a title V permit or other
					 applicable requirement;
(2) the
					 facility is subject to any department approved variance from the requirements
					 of this Chapter;
(3) the facility
					 has annual actual emissions of one or more high toxicity air contaminants
					 greater than or equal to the thresholds listed in table 1 of Subpart 201-9 of
					 this Part. The facility's annual actual emissions of high toxicity air
					 contaminants do not include emissions from stationary or portable combustion
					 installations or activities considered to be exempt or trivial, as described in
					 Subpart 201-3 of this Part; or
(4)
					 the facility has annual actual emissions of any regulated air contaminant in
					 excess of the thresholds listed in section
					 201-4.5(a) 
					 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 201 - Permits And Registrations › Subpart 201-5 - STATE FACILITY PERMITS › Section 201-5.2 - Application content

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 State facility permit applications submitted to the department shall be signed
					 by a responsible official and provided in a format acceptable to the
					 department.
(b) State facility
					 permit applications must include the following information:
(1) identifying information, including owner
					 name and address, facility name and address, responsible official name and
					 address;
(2) a location map with
					 the site marked on it if the application is for a new facility;
(3) a list and description of all emission
					 sources at the facility except those that are listed as exempt or trivial in
					 Subpart 201-3 of this Part;
(4) a
					 listing of the Standard Industrial Classification (SIC) or North American
					 Industry Classification System (NAICS) codes which correspond to the primary
					 operations carried out at the facility;
(5) a description of all processes, their
					 associated emission sources and products;
(6) a list of all emission points including
					 the following parameters: stack height (ft), stack height above building (ft),
					 internal stack diameter (in), exit temperature (degrees F), exit velocity
					 (ft/sec), exit flow (acfm), distance from the emission point to the property
					 line (ft) and NYTM coordinates;
(7)
					 a process flow diagram detailing which process emissions and emission sources
					 exhaust from which emission point;
(8) a list including the type, rate and
					 quantity of all regulated air pollutant emissions and high toxicity air
					 contaminant emissions, as listed in Subpart 201-9 of this Part, in sufficient
					 detail f or the department to determine those State and Federal requirements
					 that are applicable to the facility;
(9) a list of all State and Federal air
					 pollution control requirements applicable to the facility; and
(10) any other information requested by the
					 department.
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 201-5 - STATE FACILITY PERMITS › Section 201-5.3 - Permit content and terms of issuance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) New and modified State facility permits
					 will be issued for a period not to exceed 10 years.
(b) Facility owners or operators holding an
					 existing State facility permit issued without an expiration date must submit an
					 updated State facility permit application, as described in this Subpart, to the
					 department within 90 days of receiving written notification from the
					 department.
(c) Permits may contain
					 such conditions as the department shall require to ensure compliance with the
					 provisions of this Title, to identify applicable Federal standards,
					 recordkeeping and reporting requirements and ensure that operation of the
					 facility will not prevent attainment or maintenance of one or more rational
					 ambient air quality standards.
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 201-5 - STATE FACILITY PERMITS › Section 201-5.4 - Permit modifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 owner or operator of a facility subject to this Subpart must submit an
					 application for permit modification, as described in Section
					 201-5.2  of
					 this Subpart, prior to commencing construction of either a significant
					 modification as described in Subdivision (b) of this Section, or a minor
					 modification as described in Subdivision (c) of this Section.
(b) 'Significant Permit Modifications'.
(1) The following changes to existing
					 facilities are considered significant modifications:
(i) Changes that cause the facility to become
					 subject to a new applicable requirement;
(ii) Changes that result in less stringent
					 monitoring, record keeping, or reporting requirements;
(iii) Changes that seek to establish or
					 change a case-by-case determination or department approved variance;
(iv) Changes that seek to establish or change
					 a federally enforceable emissions cap or a permit term or condition that the
					 facility has accepted to avoid an applicable requirement to which the facility
					 would otherwise be subject; and
(v)
					 Changes that are modifications under any provision of Title I of the Act that
					 result in an emissions increase in excess of the NSR major facility thresholds
					 contained i n Subpart 231-13 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 201 - Permits And Registrations › Subpart 201-6 - TITLE V FACILITY PERMITS › Section 201-6.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 otherwise set forth herein, no person shall construct or operate any of the
					 following facilities without first obtaining a title V permit.
(1) Any major facility, as defined under
					 Subpart 201-2 of this Part.
(2) Any
					 facility specifically required to obtain a title V permit by being subject to a
					 standard, limitation, or other requirement under the Federal New Source
					 Performance Standards (NSPS) in  4 0 CFR part 60, et seq.
(3) Any facility, including an area source,
					 subject to a standard or other requirement regulating hazardous air pollutants
					 under federal National Emission Standards for Hazardous Air Pollutants (NESHAP)
					 in 40 CFR parts 61 and 63 that is specifically required to obtain a title V
					 permit by the administrator of the act. A facility is not required to obtain a
					 title V permit solely because it is subject to regulations or requirements
					 promulgated for the control of accidental releases of substances regulated
					 under section 112(r) of the act.
(4) Any affected source as defined in Subpart
					 201-2 of this Part.
(5) Any
					 facility in a category designated by the administrator and added by the
					 department pursuant to rulemaking.
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 201-6 - TITLE V FACILITY PERMITS › Section 201-6.2 - Permit Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Timely application'. The owner or operator of a facility subject to this
					 Subpart shall submit a complete application, as defined in Part 621 of this
					 Title and this Subpart, for initial issuance of a title V permit, or renewal,
					 in accordance with the timeframes established under paragraphs (1) through (6)
					 of this subdivision:
(1) Prior to the
					 commencement of construction of a new facility subject to permitting under this
					 Subpart.
(2) Prior to the
					 commencement of construction of new emission unit(s) or modified emission units
					 at an existing facility that makes the facility subject to title V permitting.
					 The owner or operator of a facility subject to this provision may choose to
					 apply for a State facility permit pursuant to section
					 201-5.2  of
					 this Part. Upon issuance, that permit shall authorize both construction and
					 operation of the new or modified emission units until a title V permit is
					 issued in accordance with this Subpart. An application for a title V permit is
					 required within one year of the commencement of operation of the new or
					 modified emission unit(s).
(3)
					 Prior to the commencement of construction of a new emission unit at an existing
					 title V facility. The owner or operator of an existing title V facility, which
					 is being modified by the addition of a new emission unit comprised solely of
					 new emission sources, may apply for a State facility permit pursuant to section
					 201-5.2  of
					 this Part that will authorize construction and operation of the new emission
					 unit upon issuance. An application for a title V permit modification is
					 required within one year of the commencement of operation of the new emission
					 unit.
(4) At least 180 days, but
					 not more than eighteen months, prior to the date of permit expiration for
					 permit renewal purposes.
(5) For
					 existing facilities required to meet the requirements under section 112(g) of
					 the act, prior to construction.
(6)
					 For existing facilities with any emission source designated by EPA as requiring
					 a title V facility permit, within 12 months after the effective date of EPA's
					 designation, or by a later deadline specified by EPA in its
					 designation.
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 201-6 - TITLE V FACILITY PERMITS › Section 201-6.3 - Application and permit review by EPA and affected states

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Transmission of information to the
					 administrator'.
(1) The department shall
					 provide the administrator a copy of each title V permit application, including
					 any application for permit modification, each proposed permit, and each final
					 title V facility permit. Accessibility to the administrator of the application,
					 proposed permit, or final permit on the department's computer system shall be
					 considered equivalent to the submission of these documents to the administrator
					 by the department. The applicant may be required by the department to provide a
					 copy of the permit application (including the compliance plan) directly to the
					 administrator. To the extent practicable, the preceding information shall be
					 provided in computer-readable format compatible with the EPA national database
					 management system.
(2) The
					 administrator may waive the requirements of paragraph (1) of this subdivision
					 and paragraph (b)(1) of this section for any category of emission sources
					 (including any class, type, or size within such category) other than major
					 facilities according to the following:
(i) by
					 regulation for a category of emission sources nationwide; or
(ii) at the time of approval of the State
					 program for a category of facilities covered by an individual permitting
					 program.
(3) The
					 department shall keep such records for five years and submit to the
					 administrator such information as the administrator may reasonably require to
					 ascertain whether the State program complies with the requirements of the act
					 or of  40 CFR part 70 .