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Subpart 201-8: General Permits

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303,19-0305, 19-0306, 19-0311, 70-0109, 71-2103, and 71-2105; 40 CFR part 70; United States Code, § 7661[b], Federal Clean Air Act, §§ 160-169, 171-193 [42 U.S.C. 7470-7479; 7501-7515])

[Filed 6/7/96. Effective 30 days after filing. Adoption filed 1/23/13. Effective 30 days after filing.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Stationary Sources at (518) 402-8403 is the contact for technical questions pertaining to this rule.



§201-8.1 Purpose and applicability

(a) This Subpart is intended to implement the provisions of Environmental Conservation Law, section 19-0311 that provides for the issuance of general permits covering numerous similar emission sources or source categories for purposes of complying with title V of the act, or to augment other permitting requirements under this Part. The department may issue general permits for facilities subject to the permitting requirements under Subparts 201-5 and 201-6 of this Part, except that general permits cannot be authorized for affected sources under the Acid Rain Program, unless otherwise provided in regulations promulgated under title IV of the act.

(b) The department shall not issue general permits for new facilities subject to the Federal prevention of significant deterioration regulations or nonattainment area permitting regulations under Part 231 of this Title.

§201-8.2 Permit development and issuance criteria

(a) The general permit will contain the conditions and requirements that apply to emission sources and processes authorized under it and any qualifying criteria or limitations on the use or eligibility of the permit.

(b) The department will provide public notice and an opportunity for comment on proposed general permits prior to issuance and in accordance with the procedures and timeframes established under Part 621 of this Title.

§201-8.3 Applications and approval procedures

(a) Emission sources that qualify for a general permit must apply to the department for authorization to use the general permit in a format approved by the department.

(b) All requests for authorization to use a general permit must meet the application content requirements established under this Part or specific alternate requirements defined by the department in the general permit. When establishing alternate application requirements for general permits developed for sources subject to Subpart 201-6 of this Part, the department must ensure that such applications:

(1) meet the requirements of title V of the act; and

(2) include sufficient information to determine qualification for the general permit, and the applicants certification of compliance with the terms and conditions of the general permit.

(c) The department will act on applications requesting use of a general permit in accordance with timeframes and procedures for minor permit projects established under Part 621 of this Title. Authorization to use the general permit shall be issued by the department in the form of a letter, an approved application, a copy of the actual general permit or other comparable documentation.

(d) The department may request that a facility that otherwise meets the criteria for a general permit as described in this Subpart obtain a State facility permit in cases where permit conditions are required to ensure the facility complies with all applicable requirements. The facility owner or operator must submit a State facility permit application as described in section 201-5.2 of this Part within six months of notification from the department.

(e) Construction of a new or modified emission source which qualifies for a general permit may not commence until the source has been issued the authorization required by the department under subdivision (c) of this section.