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 201-1.4 - Malfunctions and start-up/shutdown activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility owner or operator shall take
					 all necessary and appropriate actions to prevent the emission of air pollutants
					 that result in contravention of any applicable emission standard during periods
					 of start-up, shutdown, or malfunction.
(b) The facility owner or operator shall
					 compile and maintain records of all equipment maintenance and start-up/shutdown
					 activities when they are expected to result in an exceedance of any applicable
					 emission standard, and shall submit a report of such activities to the
					 department when required by a permit condition or upon request by the
					 department. Such reports shall state whether an exceedance occurred and if it
					 was unavoidable, include the time, frequency and duration of the exceedance,
					 and an estimate of the emission rates of any air contaminants released. Such
					 records shall be maintained for a period of at least five years and made
					 available for review to department representatives upon request. Facility
					 owners or operators subject to continuous monitoring and quarterly reporting
					 requirements need not submit additional reports of exceedances to the
					 department.
(c) In the event that
					 air contaminant emissions exceed any applicable emission standard due to a
					 malfunction, the facility owner or operator shall notify the department as soon
					 a s possible during normal working hours, but not later than two working days
					 after becoming aware that the malfunction occurred. In addition, the facility
					 owner or operator shall compile and maintain a record of all malfunctions. Such
					 records shall be maintained at the facility for a period of at least five years
					 and must be made available to the department upon request. When requested by
					 the department, the facility owner or operator shall submit a written report to
					 the department describing the malfunction, the corrective action taken, the air
					 contaminants emitted, a n d the resulting estimated emission rates and/or
					 opacity.
(d) The department may
					 also require the facility owner or operator to include, in reports described
					 under subdivisions (b) and (c) of this section, an estimate of the maximum
					 ground level concentration of each air contaminant emitted and the effect of
					 such emissions.
(e) A violation of
					 any applicable emission standard resulting from start-up, shutdown, or
					 malfunction conditions at a permitted or registered facility may not be subject
					 to an enforcement action by the department and/or penalty if the department
					 determines, in its sole discretion, that such a violation was unavoidable. The
					 actions and recordkeeping and reporting requirements listed above must be
					 adhered to in such circumstances.