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Air Pollution Control Permit Program: Is This Project Major or Minor

Major Projects:

Air pollution control projects are administered under the Uniform Procedures Act (UPA), Article 70 of the Environmental Conservation Law, and its implementing regulations, 6 NYCRR Part 621.

In accordance with UPA, permit applications are categorized as either major or minor projects.

  1. Except for minor modifications and administrative amendments to Title V Facility Permits, all federally delegated permits are UPA major projects.
  2. In addition, the following are UPA major projects; all others are UPA minor projects:
  • Projects involving the construction of any new major stationary source of air pollutants as defined under Part 201 in accordance with federal regulations.
  • Major stationary sources under Part 201 are those which exceed the quantity for the contaminants listed below in the affected area of the emission:
TITLE V - MAJOR STATIONARY SOURCES
Classification of Area
by Contaminant
Affected Area, by County Contaminant & Quantity
(in tons per year)
Attainment Area for
Regulated Air Pollutants1
Areas not specifically listed in any of the areas classified
as Non-attainment.
CO...................................100
PM-10...................................100
NOx...................................100
VOC...................................100
Moderate Non-attainment Area for CO Bronx, Kings, Nassau, New York2, Queens, Richmond3, Westchester CO..................................100
Moderate Non-attainment Area for PM-10 New York PM-10..................................100
Ozone Transport Region/ Moderate Non-attainment Area for NOx & VOC All of New York State except areas listed as Severe Non-attainment Area for NOx & VOC NOx ..................................100

VOC ..................................50
Severe Non-attainment Area for NOx & VOC Bronx, Kings, Lower Orange County Metropolitan Area4, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester NOx ..................................25

VOC ..................................25
Notes:
1 Carbon Monoxide (CO), Particulate Matter (PM-10), Oxides of Nitrogen (NOx), & Volatile Organic Compounds (VOC)
2 New York County = New York City borough of Manhattan
3 Richmond County = New York City borough of Staten Island
4 Towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick and Woodbury
  • Projects subject to major new source preconstruction permitting under Part 231 (Non attainment Areas) or the federal Prevention of Significant Deterioration (PSD) regulations under 40CFR 52.21 (Attainment Areas).
  • Projects subject to Title V Facility Permit requirements under Part 201 including: initial permitting of subject facilities, significant permit modifications and permit renewals.
  • Projects requiring the use of federally enforceable emission limitations or caps that will be established in permit conditions and where the proposed project involves:
    • the construction of a new facility, or the construction of new emission sources or modifications at an existing facility, and
    • the limitations are intended to restrict the annual potential to emit of the facility to avoid major stationary source classification described under (a) above, or one or more emission units in order to avoid more stringent emission controls required for projects described under (b) above, that would otherwise apply.
    • Projects involving emission sources subject to National Emission Standards for Hazardous Air Pollutants (NESHAPS) under 40CFR 61, except for emission sources subject to 40CFR Part 61 Subpart M - National Emission Standards for Hazardous Air Pollutants (HAPS) for Asbestos, Section 61.146, Standards for Demolition and Renovation (see Table 3 in 6NYCRR Part 200).
  • Projects involving the construction of new facilities with emission sources subject to National Emission Standards for Hazardous Air Pollutants under 40 CFR Part 63 (See Table 4 in 6NYCRR Part 200.
  • Projects located in New York County south of 60th Street involving the construction of new highways or roads, or modification of any existing section of highway or road, which require an indirect source permit under 6NYCRR Part 203.

  • Contact for this Page
  • NYS DEC
    Division of Environmental Permits
    4th Floor
    625 Broadway
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
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