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 229 - Petroleum And Volatile Organic Liquid Storage And Transfer › Section 229.1 - Applicability and compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The owner or operator of a gasoline bulk plant, gasoline loading terminal,
				  marine loading vessel, petroleum liquid storage tank or volatile organic liquid
				  storage tank which meets the current applicability criteria must submit a
				  permit to construct or a certificate to operate prior to commencing
				  construction and/or operation of the process, as required by Part 201 of this
				  Title, which includes the method or methods which will be used to comply with
				  the control requirements of this Part.
(b) The owner or operator of the following
				  types of sources located at facilities in the New York City metropolitan area
				  which emit volatile organic compounds must comply with this Part according to
				  the following schedule:
(1) Existing
				  requirements:
(i) any petroleum liquid fixed
				  roof tank with a capacity of 40,000 gallons or more must have demonstrated
				  compliance with the requirements of this Part by October 1, 1982;
(ii) any petroleum liquid external floating
				  roof tank with a capacity of 40,000 gallons or more must have been in
				  compliance with the requirements of this Part by January 11, 1986;
(iii) any gasoline bulk plant must have been
				  in compliance with the requirements of this Part by July 1, 1982; and
(iv) any gasoline loading terminal must have
				  been in compliance with the requirements of this Part by July 1,
				  1982.
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 229 - Petroleum And Volatile Organic Liquid Storage And Transfer › Section 229.3 - Control requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Petroleum fixed roof tanks. No person may store petroleum liquid in a fixed
				  roof tank subject to this Part unless:
(1) the
				  tank has been retrofitted with an internal floating roof or equivalent control;
				  and
(2) the vapor collection and
				  vapor control systems are maintained and operated in such a way as to ensure
				  the integrity and efficiency of the system.
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 229 - Petroleum And Volatile Organic Liquid Storage And Transfer › Section 229.4 - Testing and monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  owner and/or operator of a vapor collection and control system must follow
				  notification requirements, protocol requirements and test procedures of Part
				  202 of this Title for testing and monitoring to determine compliance with the
				  emission limits and control requirements required of this Part. Depending upon
				  conditions at a test site, one of the following test methods from Appendix A of
				   40 CFR part 60  (see table 1, section
				  200.9  of this
				  Title) must be used to determine volatile organic compound (VOC) concentrations
				  of a gas stream at the inlet and outlet of a control device:
(1) Method 18, Measurement of Gaseous Organic
				  Compound Emissions by Gas Chromatography.
(2) Method 25, Determination of Total Gaseous
				  Organic Emissions as Carbon.
(3)
				  Method 25A, Determination of Total Gaseous Organic Concentration Using a Flame
				  Ionization Analyzer.
(4) Methods
				  not listed above must be approved in advance by the department's representative
				  and the United States Environmental Protection Agency.
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 229 - Petroleum And Volatile Organic Liquid Storage And Transfer › Section 229.5 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of a gasoline bulk plant, gasoline
					 loading terminal, petroleum liquid storage tank, marine loading vessel
					 facility, or volatile organic liquid storage tank subject to this Part must
					 maintain the following records at the facility for a period of five
					 years;
(a) capacities of petroleum
				  liquid storage tanks subject to section
				  229.3(a) or
				  (b)  of this Part, in gallons;
(b) average daily gasoline throughput per day
				  for gasoline bulk plants subject to section
				  229.3(c) 
				  of this Part, in gallons;
(c)
				  average daily gasoline throughput for gasoline loading terminals subject to
				  section
				  229.3(d) 
				  of this Part, in gallons per year;
(d) capacities of volatile organic liquid
				  storage tanks, subject to section
				  229.3(e) 
				  of this Part in gallons; and
(e)
				  daily gasoline throughput for marine vessel loading facilities subject to
				  section
				  229.3(f) 
				  of this Part, in gallons.
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 229 - Petroleum And Volatile Organic Liquid Storage And Transfer › Section 229.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 229 - Petroleum And Volatile Organic Liquid Storage And Transfer › Section 229.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 229 - Petroleum And Volatile Organic Liquid Storage And Transfer › Section 229.8 to 229.10 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 230 - Gasoline Dispensing Sites And Transport Vehicles › Section 230.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all gasoline transport vehicles, and
					 all gasoline dispensing sites that have gasoline storage tanks larger than 250
					 gallons
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 230 - Gasoline Dispensing Sites And Transport Vehicles › Section 230.3 - Gasoline dispensing sites - prohibitions and requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Submerged
				  filling. All gasoline storage tanks must be equipped with a metallic fill pipe
				  designed and installed to minimize vapor emissions and the generation of static
				  electricity by terminating the pipe within 6 inches of the bottom of the
				  tank.
(b) Minimizing vapor
				  releases. Owners and/or operators of any gasoline dispensing site must follow
				  best management practices to minimize vapor releases to the atmosphere.
				  Measures to minimize vapor releases include, but are not limited to, the
				  following:
(1) minimizing gasoline
				  spills;
(2) cleaning up spills as
				  expeditiously as practicable;
(3)
				  covering all open gasoline containers and all gasoline storage tank fill-pipes
				  with a gasketed seal when not in use; and
(4) minimizing the amount of gasoline sent to
				  open waste collection systems that collect and transport gasoline to
				  reclamation and recycling devices, such as oil/water separators.
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 230 - Gasoline Dispensing Sites And Transport Vehicles › Section 230.4 - Gasoline dispensing sites - recordkeeping and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner
				  and/or operator of a gasoline dispensing site shall maintain records showing
				  the quantity of all gasoline delivered to the site. These records must be kept
				  at the gasoline dispensing site for at least 2 years, and must be made
				  available to the department upon request. The sum of all gasoline deliveries to
				  a gasoline dispensing site during every 12 consecutive months must be used to
				  determine whether the requirements of this Part apply. Once a gasoline
				  dispensing site becomes subject to the requirements of this Part because its
				  annual gasoline throughput exceeds an applicability level, subsequent decreases
				  in gasoline deliveries or throughput do not excuse a site owner from compliance
				  with requirements of this Part for that applicability level.
(b) The owner and/or operator of a gasoline
				  dispensing site required to demonstrate compliance with the leak rate and
				  cracking pressure requirement and/or the static pressure performance
				  requirement for a Stage I vapor recovery system pursuant to sections
				  230.3(c)(6)(iii) 
				  ('a') and ('b') of this Part shall report all test results to the Division of
				  Air Resources, New York State Department of Environmental Conservation, within
				  30 days after the test at dar.web@dec.ny.gov. A copy of the most recent test
				  results must be retained at the gasoline dispensing site. The test results must
				  contain:
(1) the pass/fail results;
(2) information on any failed tests including
				  equipment repairs and replacements needed to attain passing test results;
				  and
(3) site information including
				  owner name, operator name, site address, telephone number, Petroleum Bulk
				  Storage (PBS) program registration number, tank installation dates, and most
				  recent annual throughput.
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 230 - Gasoline Dispensing Sites And Transport Vehicles › Section 230.5 - Gasoline dispensing sites - test company certification

Current through Register Vol. 46, No. 28, July 10, 2024
Test companies shall certify that Stage I vapor recovery
					 system compliance tests are performed in accordance with the procedures and
					 protocols contained in the CARB test procedures referenced in section
					 230.3(c)(6)(iii) 
					 ('a') and ('b) of this Part (see Table 1, Section
					 200.9  of this Title) and that
					 testing staff have been trained accordingly to perform these tests. Written
					 certification must be submitted to the department 30 days prior to performing
					 the tests or within 30 days after the effective date of this regulation,
					 whichever is later. Notification to the department shall be sent to the
					 Division of Air Resources, New York State Department of Environmental
					 Conservation at dar.web@dec.ny.gov.
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 230 - Gasoline Dispensing Sites And Transport Vehicles › Section 230.6 - Gasoline transport vehicles - prohibitions and requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No owner or operator of a gasoline
				  transport vehicle may transport gasoline or allow the vehicle to be filled or
				  emptied in New York State unless the gasoline transport vehicle meets:
(1) the federal Department of Transportation
				  (DOT) requirements for leak testing as required by
				  49
				  CFR 180.407(h) (see Table 1,
				  Section 200.9 of this Title); and
(2) the federal DOT requirements for test
				  markings as required by
				  49 CFR
				  180.415 (see Table 1, Section
				  200.9 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 230 - Gasoline Dispensing Sites And Transport Vehicles › Section 230.7 - Gasoline transport vehicles - recordkeeping and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner of any gasoline transport
				  vehicle subject to the leak testing requirements outlined in section
				  230.6(a)  of this
				  Part shall keep:
(1) leak testing records with
				  information as prescribed by
				  49
				  CFR 180.417(b)(1) and (2)
				  (see Table 1, Section
				  200.9 of this Title) for 5 years;
				  and
(2) a copy of the most recent
				  leak testing results with the gasoline transport vehicle.
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 230 - Gasoline Dispensing Sites And Transport Vehicles › Section 230.8 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
Where it can be shown to the satisfaction of the department
					 that a gasoline dispensing site or gasoline transport vehicle cannot comply
					 with the requirements of this Part for reasons of technological or economic
					 feasibility, the commissioner may, upon submission of satisfactory evidence,
					 grant to the source owner or operator a variance from the requirements of this
					 Part and accept a lesser degree of control or an alternate compliance
					 schedule.
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 230 - Gasoline Dispensing Sites And Transport Vehicles › Section 230.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Each provision of this Part shall be deemed severable, and
					 in the event that any provision of this Part is held to be invalid, the
					 remainder of this Part shall continue in full force and
					 effect.
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 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
					 of this Subpart, the general definitions of Part 200 of this Title
					 apply.
(b) For the purpose of this
					 Subpart, the following definitions also apply:
(1) Actual emission reduction. The actual
					 decrease in the rate of emissions of an air contaminant from an emission source
					 in tons per year. This value is generally an average rate at which the source
					 actually emitted the contaminant during the two years preceding the reduction,
					 and is representative of normal source operation based on actual operating
					 hours, production rates and material input. A different averaging time period
					 may be acceptable if it can be shown to be more representative of normal
					 operation than the two-year period preceding the reductions.
(2) Air contamination source project. This
					 may consist of either a proposed:
(i) new air
					 contamination source;
(ii)
					 modification; or
(iii) two or more
					 proposed new air contamination sources which are interdependent as process or
					 production steps for a common product or similar products.
(3) Annual actual emissions. The annual
					 emissions, including fugitive emissions, of an air contaminant from a facility
					 after control equipment has been applied and based on continuous operation at
					 maximum capacity. Annual actual emissions may be limited by permit conditions
					 regarding operating time or production rate.
(4) De minimis emission limits. Threshold
					 increase in annual actual emissions from an air contamination source project
					 below which the provisions of this Subpart do not apply. The de minimis
					 emission limits are presented in section
					 231-1.9  of this
					 Subpart.
(5) Emission offsets.
					 Emissions reductions which are obtained to provide reasonable progress toward
					 attainment of ambient air quality standards in exchange for approval of an
					 application for a permit to construct for a new air contamination source
					 project in a nonattainment area.
(6) Major facility. A facility whose annual
					 actual emissions for either particulates, sulfur dioxide, carbon monoxide,
					 nitrogen oxides, or volatile organic compounds equal or exceed 100 tons per
					 year.
(7) Major lead facility. A
					 facility whose annual actual emissions of lead equal or exceed five tons per
					 year.
(8) Resource recovery
					 facility. Any facility at which refuse is combusted for the purpose of
					 recovering heat for use in producing steam and/or electricity. Energy
					 conversion facilities must utilize solid waste to provide more than 50 percent
					 of the heat input to qualify as a resource recovery 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 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
					 of this Subpart are applicable to all air contamination source projects which
					 meet the following conditions:
(1) the
					 complete application for a permit to construct the air contamination source
					 project is submitted after August 9, 1984 and is determined complete by the
					 department in accordance with Part 621 of this Title before November 15,
					 1992;
(2) the facility at which the
					 air contamination source project is proposed is located in an area designated
					 as a nonattainment area when the application for the project is determined
					 complete for the same air contaminant that the proposed air contamination
					 source project would emit (for ozone nonattainment areas, this applies to
					 projects that emit volatile organic compounds); and
(3) the annual actual emissions from the air
					 contamination source project proposed at an existing major facility exceed the
					 de minimis emission limits shown in section
					 231-1.9  of this Subpart;
					 or
(4) the facility at which the
					 air contamination source project is proposed is not a major facility, but the
					 annual actual emissions from the proposed air contamination source project
					 equal or exceed 100 tons per year of either particulates, sulfur dioxide,
					 carbon monoxide, nitrogen oxides, or volatile organic compounds.
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 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.3 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person will
					 initiate construction of any air contamination source project to which this
					 Subpart applies until the provisions of this Subpart have been met and a permit
					 or permits to construct have been issued in accordance with Part 201 of this
					 Title.
(b) The commissioner will
					 not issue a permit to construct for any air contamination source project
					 subject to this Subpart unless the applicant certifies that all major
					 facilities 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:
(1) in compliance with all applicable air
					 pollution control regulations; or
(2) are meeting the terms of any
					 administrative order or court decree.
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 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.4 - Lowest achievable emission rate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The emissions from any air contamination
					 source project subject to this Subpart must meet the lowest achievable emission
					 rate as defined in Part 200 of this Title.
(b) Any source owner subject to this Subpart
					 must submit information to establish that the lowest achievable emission rate
					 will be applied when an application is submitted for a permit to
					 construct.
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 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.5 - Emission offsets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 applicant for a permit to construct for an air contamination source project
					 subject to this Subpart must provide emission offsets as part of the
					 application. Emission offsets are required for any air contaminant for which
					 the area is designated as a nonattainment area if the net increase in annual
					 actual emissions of that contaminant exceeds the de minimis emission limits
					 shown in section
					 231-1.9  of this
					 Subpart.
(b) Emission offsets must
					 be of the same contaminant. That is, only particulates can be used as offsets
					 for new particulate emissions, only sulfur dioxide can be used as offsets for
					 new sulfur dioxide emissions, and so on.
(c) Emission offsets must exceed the net
					 increase in annual actual emissions from the air contamination source
					 project.
(d) Only emission
					 reductions which occurred within five years prior to the date of submittal of a
					 complete application may be used as emission offsets.
(e) Emission offsets must be sufficient to
					 provide a net air quality benefit when offsets of particulates, sulfur dioxide,
					 carbon monoxide and/or nitrogen oxides are required. A net air quality benefit
					 is achieved when the air quality impact of the applicable air contamination
					 source project does not exceed the significant impacts shown in section
					 231-1.10  of this
					 Subpart.
(f) Emission offsets must
					 be real, permanent, and enforceable to the satisfaction of the
					 commissioner.
(g) If the applicable
					 air contamination source project is proposed in a nonattainment area for ozone,
					 emission offsets of volatile organic compounds are required. These may be from
					 any location within the same or a contiguous ozone nonattainment area in New
					 York State.
(h) Only reductions
					 which lower actual emissions from an air contamination source beyond levels
					 prescribed by applicable emission standards may be used as emission
					 offsets.
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 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.6 - Air quality impact evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application for a permit to construct
					 for an air contamination source project applicable to this Subpart must include
					 an air quality impact evaluation.
(b) If the air contamination source project
					 includes proposed emissions of particulates, sulfur dioxide, carbon monoxide
					 and/or nitrogen oxides which exceed the de minimis emission limits shown in
					 section
					 231-1.9  of this Subpart,
					 the air quality impact evaluation must show that the combined impact of the
					 proposed new emissions and the emission offsets will not exceed the significant
					 impacts shown in section
					 231-1.10  of this
					 Subpart.
(c) The applicant for a
					 permit to construct an air contamination source project applicable to this
					 Subpart must conduct the air quality impact evaluation, and prepare a report in
					 accordance with procedures acceptable to the commissioner.
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 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.7 - Public participation

Current through Register Vol. 46, No. 28, July 10, 2024
Local government and public participation will be in
						accordance with procedures established in Part 621--Uniform Procedures 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 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.8 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
Emission offsets are not required as a condition of
						approval of a permit to construct for the following air contamination source
						projects which are otherwise applicable to this Subpart.
(a) conversion of an existing stationary
					 combustion installation to the use of coal which has been required to
					 discontinue use of petroleum and natural gas as its primary energy source
					 pursuant to a Federal prohibition order or which is required to convert to coal
					 by reason of a Federal order; or
(b) resource recovery facilities.
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 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.9 - Table 1

Current through Register Vol. 46, No. 28, July 10, 2024
De minimis emission limits.
'Air contaminant'
'De minimis emission limit (tons per
									 year)'
Carbon monoxide
100
Nitrogen oxides
40
Sulfur dioxide
40
Particulates
25
Volatile organic compounds (for ozone
									 nonattainment areas)
40
Lead
0.6
Asbestos
0.007
Beryllium
0.0004
Mercury
0.1
Vinyl chloride
1
Fluorides
3
Sulfuric acid mist
7
Hydrogen sulfide
10
Total reduced sulfur
10
Reduced sulfur compounds
10
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 231-1 - Requirements for Emission Sources Subject to the Regulation Prior to November 15, 1992 › Section 231-1.10 - Table 2

Current through Register Vol. 46, No. 28, July 10, 2024
Significant impacts for nonattainment areas.
'Air contaminant'
'Significant impact'
'PPM'
'Weight/Volume1'
Sulfur dioxide
Annual
0.0004
1.0 µg/m3
24-hour
0.0019
5.0 µg/m3
3-hour
0.009
25.0 µg/m3
Particulates
Annual
-
1.0 µg/m3
24-hour
-
5.0 µg/m3
Nitrogen oxides
Annual
0.0005
1.0 µg/m3
Carbon monoxide
8-hour
0.45
0.5 mg/m3
1-hour
1.8
2.0 mg/m3
1 Weight/volume values are
						referenced to 25° C and 760 mm mercury.
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 231-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
					 of this Subpart, the general definitions of Parts 200 and 201 of this Title
					 apply unless defined otherwise in this Subpart.
(b) For the purpose of this Subpart, the
					 following definitions also apply:
(1)
					 Baseline period. A period of time used as a reference point in quantifying a
					 creditable emission increase, ERC, or project emission potential.
(i) A baseline period is determined as
					 follows:
(a) for a creditable emission
					 increase which has physically occurred, two consecutive years immediately
					 preceding the date of occurrence of the emission increase or a time period as
					 provided in subparagraph (ii) of this paragraph;
(b) for an ERC which has physically occurred,
					 two consecutive years immediately preceding the date of occurrence of the
					 emission reduction or a time period as provided in subparagraph (ii) of this
					 paragraph;
(c) for a creditable
					 emission increase or an ERC which is scheduled to occur in the future, two
					 consecutive years immediately preceding the date of receipt by the department
					 of a permit application for a proposed source project which proposes to use the
					 creditable emission increase or ERC or a time period as provided in
					 subparagraph (ii) of this paragraph; and
(d) for a proposed source project, two
					 consecutive years immediately preceding the date of receipt by the department
					 of a permit application for the proposed source project or a time period as
					 provided in subparagraph (ii) of this paragraph.
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 231-2.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The subdivisions of this section are to be considered in
						determining if, or to what extent, the requirements of any section of this
						Subpart apply to any emission unit (including any exempt or trivial activity as
						defined in Part 201 of this Title), which is part of a proposed source project
						or proposed major facility, or to any emission unit, area source, mobile
						source, or other source which is used to establish an ERC. Any emission unit
						subject to this Subpart must also comply with State facility or title V
						permitting requirements, as applicable, pursuant to Part 201 of this
						Title.
(a) Applicability to emission
					 increases in any nonattainment area and attainment portions of the ozone
					 transport region. Any emission unit (including any exempt or trivial activity
					 as defined in Part 201 of this Title) which emits any nonattainment contaminant
					 is subject to this Subpart if:
(1) a permit
					 action for such emission unit occurs on or after November 15, 1992; or an
					 exempt or trivial activity is constructed on or after November 15, 1992 and
					 prior to February 19, 2009; and
(2)
					 it is part of a proposed major facility for any such nonattainment contaminant,
					 including any major electric generating facility subject to article X of the
					 Public Service Law, or any major steam electric generating facility subject to
					 article VIII of the Public Service Law; or
(3) at an existing non-major facility, it is
					 part of a proposed source project which, by itself, has a project emission
					 potential of any such nonattainment contaminant equal to or greater than the
					 corresponding major facility size threshold in section
					 231-2.12
					 or
					 231-2.13 
					 of this Subpart; or
(4) at an
					 existing major facility, it is part of a significant source project for any
					 such nonattainment contaminant which results in a significant net emission
					 increase for that nonattainment contaminant. For emissions of VOC or NO
					 x in the severe ozone nonattainment area, special rules
					 apply as set forth in subdivision (b) of this section. If the emission unit is
					 part of a significant source project which does not result in a significant net
					 emission increase, the emission unit remains subject to the applicable
					 provisions of sections
					 231-2.3,
					 231-2.4,
					 231-2.6,
					 and
					 231-2.7  of this
					 Subpart.
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 231-2.3 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Construction
					 prohibited. No person shall begin actual construction of a proposed source
					 project or proposed major facility subject to this Subpart until a permit has
					 been issued in accordance with Part 201 of this Title.
(b) Operation prohibited. No person shall
					 commence operation of a proposed source project or proposed major facility
					 requiring emission offsets until all the emission reductions being used as
					 offsets have physically occurred.
(c) Certification of emission reductions.
(1) An emission reduction shall not be
					 certified as an ERC unless the emission reduction is a past reduction or a
					 future reduction as defined in section 231- 2.1 of this Subpart.
(2) Emission reductions resulting from the
					 shutdown of an emission unit subject to Part 201 of this Title, but never
					 issued a permit, shall not be certified as ERCs. However, unpermitted
					 operational emission sources will be considered for ERCs subsequent to these
					 sources being permitted in accordance with section
					 201-1.2 
					 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 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 231-2.5 - Lowest achievable emission rate, laer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) LAER applicability. For a proposed source
					 project or a proposed major facility which is subject to this Subpart for any
					 nonattainment contaminant, LAER shall be required for any emission source which
					 is part of the proposed source project or the proposed major facility and which
					 emits that nonattainment contaminant.
(b) LAER analysis requirement. A LAER
					 analysis shall be submitted as part of a permit application for a proposed
					 source project or proposed major facility subject to this Subpart.
(c) Timing for LAER. LAER shall not be
					 established in final form until the permit for the proposed source project or
					 proposed major facility is issued.
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 231-2.7 - Netting

Current through Register Vol. 46, No. 28, July 10, 2024
This section represents a mechanism for avoiding a
						determination of applicability of this Subpart in those instances where a
						significant source project is proposed at an existing major facility.
(a) Creditable emission increases and ERCs.
(1) Any creditable emission increase or
					 emission reduction credit shall be of the same class of nonattainment
					 contaminant. Any VOC may be substituted for any other VOC.
(2) Any creditable emission increase or ERC
					 which is used in a net emission increase determination shall occur at the same
					 major facility as a proposed source project.
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 231-2.8 - Internal offsets, severe ozone nonattainment area only

Current through Register Vol. 46, No. 28, July 10, 2024
This section represents a mechanism for avoiding a
						determination of applicability of this Subpart, for emissions of VOC or NO
						x in the severe ozone nonattainment area only, in those
						instances where a significant source project is proposed at an existing major
						facility and a net emission increase determination of non-applicability is not
						possible.
(a) Internal offset
					 applicability. An internal offset shall be considered for purposes of
					 determining applicability or degree of control required under section
					 231-2.2(b)(1) or
					 (2)  of this Subpart for a proposed source
					 project at an existing major facility in the severe ozone nonattainment area,
					 for emissions of VOC or NO x only. An internal offset
					 shall only be considered subsequent to a net emission increase
					 determination.
(b) Use of an ERC as
					 part of an internal offset. An ERC shall meet the following conditions to be
					 used as part of an internal offset:
(1) such
					 an ERC shall come from an emission unit within the same existing major facility
					 as a proposed source project;
(2)
					 such an ERC shall have physically occurred on or after November 15, 1990, but
					 need not be contemporaneous with a proposed source project for which the
					 reduction is used; and
(3) such an
					 ERC, or portion thereof, shall be described as a special condition in the
					 permit for the proposed source project for which the reduction is
					 used.
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 231-2.9 - Emission offsets

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Emission offset applicability. For a proposed source project or proposed major
					 facility which is subject to this Subpart for any nonattainment contaminant,
					 the project emission potential or facility emission potential respectively
					 shall be offset.
(b) Offset ratio.
(1) An emission offset of VOC or NO
					 x shall exceed the corresponding project emission
					 potential or facility emission potential (subsequent to application of LAER or
					 BACT), as appropriate, by the ratio amounts indicated in section 231- 2.12 of
					 this Subpart.
(2) An emission
					 offset of PM-10 or CO shall at least equal the corresponding project emission
					 potential or facility emission potential (subsequent to application of LAER or
					 BACT), as appropriate. A greater amount of offset may be required to provide a
					 net air quality benefit as set forth in subdivision (d) of 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 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 231-2.10 - Public participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Local government and public participation shall be in conformance with the
					 procedures established in Part 621 (Uniform Procedures) of this
					 Title.
(b) In certifying ERCs
					 pursuant to section
					 231-2.6 
					 of this Subpart, the department will provide for public notice and a 30-day
					 public comment period.
(c) For use
					 of an ERC of VOC or NO x as an emission offset the
					 following apply:
(1) Prior to issuance of a
					 permit for a proposed source project or proposed major facility subject to this
					 Subpart, the applicant shall submit a list of facilities providing ERCs,
					 pursuant to section
					 231-2.4(b)(1) 
					 of this Subpart. If a part or all of the list is submitted, or if the list
					 changes after the department's Notice of Complete Application, then a
					 supplemental public notice and a 30-day comment period shall be
					 required.
(2) Petitions for party
					 status pursuant to the supplemental public notice in paragraph (1) of this
					 subdivision based on an offer of proof that raises substantive and significant
					 issues related to emission offset requirements of section
					 231-2.9  of this
					 Subpart will not be considered as late filed petitions for party status
					 pursuant to section
					 624.5(c) 
					 of Part 624 (Permit Hearing Procedures) 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 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 231-2.11 - Table 1-Significant impacts for nonattainment areas

Current through Register Vol. 46, No. 28, July 10, 2024
Significant Impacts For
								  Nonattainment Areas
Significant air quality
								  impact
Nonattainment contaminant
PPM
Weight/volume1
PM-10
calendar year
-
1.0 µg/m3
24-hour
-
5.0 µg/m3
CO
8-hour
0.45
0.5 mg/m3
1-hour
1.8
2.0 mg/m3
____ 
						1 Weight/volume values are
						referenced to 25°C and 760 mm of mercury.
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 231-2.12 - Table 2-Ozone nonattainment area and transport region classification for volatile organic compounds (VOC) and nitrogen oxides (NOx)

Current through Register Vol. 46, No. 28, July 10, 2024
Ozone Nonattainment Area and Transport Region
						Classification for VOC and NOx
Area/contaminant
								  classification
Major facility size threshold (tons per
								  year)
1
Significant source project threshold (tons
								  per year)
2
Significant net emission increase
								  threshold (tons per year)
3
Offset ratio
Marginal, or moderate, or ozone transport
								  region
VOC
50
40
40
1.15:1 or more
NOx
100
40
40
1.15:1 or more
Severe
VOC
25
2.5
more than 25
1.3:1 or more
NOx
25
2.5
more than 25
1.3:1 or more
____ 
						1 facility emission potential 
						2 project emission potential 
						3 net emission
						increase
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 231-2.13 - Table 3-Nonattainment area classification for particulate matter less than 10 microns in size (PM-10) and carbon monoxide (CO)

Current through Register Vol. 46, No. 28, July 10, 2024
Nonattainment Area Classification for PM-10 and
						CO
Area/contaminant
								  classification
Major facility size threshold (tons per
								  year)
1
Significant source project threshold (tons
								  per year)
2
Significant net emission increase
								  threshold (tons per year)
3
Offset ratio
Moderate
PM-10
100
15
15
1:1 or more
Moderate
CO
504
100
100
1:1 or more
___ 
						1 facility emission potential 
						2 project emission potential 
						3 net emission increase 
						4 The department may exempt a
						proposed major CO facility from the requirements of this Subpart if the
						facility emission potential for carbon monoxide is less than 100 tons per year,
						provided the source owner demonstrates to the satisfaction of the department
						that carbon monoxide emissions from the facility will not cause the significant
						air quality impact criteria in section
						231-2.14 of this Subpart for carbon
						monoxide to be exceeded.
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 231-2.14 to 231-2.16 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 231-3 - General Provisions › Section 231-3.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish the new source
						review (NSR) preconstruction, construction and operation requirements for new
						and modified facilities in a manner which furthers the policy and objectives of
						article 19 of the Environmental Conservation Law, and meets the plan
						requirements for nonattainment areas (part D) and prevention of significant
						deterioration (PSD) of air quality (part C) of subchapter I of the
						act.