Subpart 201-8: General Permits

(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 stationary sources subject to registration, State facility permitting, or title V facility permitting requirements under Subparts 201-4, 201-5 and 201-6 of this Part respectively, 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 major stationary sources subject to the Federal prevention of significant deterioration regulations or nonattainment area permitting regulations under Part 231 of this Title.

(a) The general permit will contain the conditions and requirements that apply to emission sources or operations 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 in accordance with the procedures and timeframes established for major permit projects under Part 621 of this Title. Public notice of applications from owners or operators of emission sources requesting authorization to use a general permit that has been issued by the department is not mandatory but may be required under the terms of the general permit or at the discretion of the department, where appropriate.

(c) General permits developed for the purposes of authorizing stationary sources subject to Subpart 201-6 of this Part must comply with all requirements applicable to other title V facility permits.

(d) Activities undertaken pursuant to a general permit are subject to those provisions of article 72 of the Environmental Conservation Law which would be applicable if the activity were authorized by an individual permit, unless a lower fee is established pursuant to section 72-0201(13) of the Environmental Conservation Law.

(a) Owners or operators of emission sources that qualify for a general permit must apply to the department for authorization to use the general permit.

(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:

(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 require any applicant applying for a general permit to apply for and obtain an individual permit if it determines that unique site specific circumstances warrant additional limitations or permit conditions to control or mitigate environmental impacts that were not considered and addressed in the development and issuance of the general permit.

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