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 231-6 - Modifications to Existing Major Facilities in Nonattainment Areas and Attainment Areas of the State within the Ozone Transport Region › Section 231-6.3 - Permit application content

Current through Register Vol. 46, No. 28, July 10, 2024
The information required in a permit application is set
						forth in Part 201 of this Title and generally in Subpart 231-11 of this Part.
						The following information must also be included at the time a permit
						application is submitted to the department, unless otherwise specified:
(a) A certification that all emission sources
					 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.
(b) An analysis of
					 alternative sites, sizes, production processes, and environmental control
					 techniques which demonstrates that benefits of the proposed 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.
(c) A LAER analysis in
					 accordance with section
					 231-6.5 
					 of this Subpart.
(d) 'Emission
					 offset and internal offset information for VOC or NOx'.
					 At the time of the initial permit application or before the department issues a
					 final permit determination for a NSR major modification, the applicant must
					 submit:
(1) a list which identifies the
					 source(s) of approved or proposed ERCs of VOC or NOx
					 that will be used as an internal offset or required emission offset. 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). All the proposed ERCs must be certified
					 prior to the issuance of the final permit;
(2) a use of emission reduction credits form
					 (duly completed and signed by the applicant and an authorized representative of
					 the ERC seller) to the department for each ERC source listed in paragraph (1)
					 of this subdivision. Upon issuance of the permit for the proposed modification,
					 the NYS ERC Registry will be amended to reflect that the ERCs are committed as
					 an internal offset or emission offset, as applicable, to the proposed
					 modification; and
(3) for emissions
					 of VOC or NOx in an ozone nonattainment area,
					 documentation of compliance with the contribution demonstration required
					 according to the department's policy documents on air quality impact analyses
					 pursuant to Subpart 231-12 of this Part.