Printer-friendlySubpart 201-7: Federally Enforceable Emission Caps
(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, United States Code, § 7661[b]))
[Filed 6/7/96. 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.
Contents:
Sec.
- 201-7.1 General
- 201-7.2 Emission capping using synthetic minor permits
- 201-7.3 Emission capping by rule
§201-7.1 General
A source owner or operator may elect to accept federally enforceable permit terms and conditions which restrict or cap emissions from a stationary source or emission unit in order to avoid being subject to one or more applicable requirements that the source or unit would otherwise be subject to, or where needed to establish an emission reduction credit as defined under Part 231 of this Title. Source owners or operator may also be eligible to cap their emissions by accepting limitations and provisions established under section 201-7.3 of this Subpart in order to avoid the requirement to obtain a title V facility permit or other applicable requirement.
§201-7.2 Emission capping using synthetic minor permits
(a) Where an emission cap is desired, the source owner or operator must make a request in writing and submit an application for a permit or permit modification for the affected emission units or the facility as a whole. The source owner and/or operator may also accept conditions of a permit modification proposed by the department in accordance with Part 621 of this Title to establish an emission cap. The application must contain a complete description of the proposed emission cap and include all background information on the emission units and operations involved (including, but not limited to, emissions of individual regulated pollutants, duration and frequency of emissions, existing or proposed control equipment, other emission points releasing the same contaminants at the facility, etc.), along with calculations assessing the applicability status of the facility and demonstrating that the cap will obviate the requirement to obtain a title V facility permit, or comply with an applicable requirement. The owner or operator must also include a proposed monitoring, recordkeeping, and reporting strategy that will be used to demonstrate that the emissions limitations under the proposed cap are verifiable, and enforceable, along with the proposed permit terms and conditions. Capping methods may include: a reduction in the hours of operation; reformulations relating to the cap, the installation of control equipment; and/or making other process changes.
(b) Permits and permit modifications involving emission caps must be subjected to the public notice and comment procedures required for permit applications under Part 621 of this Title which must include at a minimum publication of a notice of complete application in the Environmental Notice Bulletin and a 30 day public comment period. Copies of permits including capping provisions shall be forwarded to the administrator, unless the administrator approves an alternate procedure for reviewing such permits or exempts certain classes of permits from such review.
(c) When approved by the department, federally-enforceable terms and conditions will be incorporated into the permit limiting emissions below those requiring a title V facility permit or compliance with a specific applicable requirement.
(d) The owner or operator of any facility subject to this section must maintain all required records on-site for a period of five years and make them available to representatives of the department upon request. Department representatives must be granted access to any facility regulated by this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other State and Federal air pollution control requirements, regulations or law.
(e) On an annual basis, beginning one year after the granting of an emissions cap, the responsible official shall provide a certification to the department that the facility has operated all emission units within the limits imposed by the emission cap. This certification shall include a brief summary of the emissions subject to the cap for that time period and a comparison to those threshold levels that would require the submission of an application for a title V facility permit, or compliance with an applicable requirement.
(f) The emission of pollutants in exceedance of the applicability thresholds for obtaining a title V facility permit or other applicable requirements constitutes a violation of this Part and of the act.
§201-7.3 Emission capping by rule
(a) Purpose. The purpose of this section is to provide an alternate method of establishing federally enforceable emission caps, for general use by stationary sources that would otherwise be required to obtain a permit or permit modification to relieve a source owner and/or operator from the requirement to obtain a title V facility permit, or to comply with other applicable requirements described under this section.
(b) Applicability.
(1) This section applies to any stationary source which would, if it did not comply with the limitations set forth in this section, have the potential to emit air contaminants at a level equal to or in excess of the threshold for a major source or of any applicable regulation of this Chapter of regulated air contaminants or hazardous air pollutants, but where actual emissions of the source are less than or equal to the limitations established under subdivision (e) of this section in any 12-month period.
(2) This section also applies to any stationary source having the potential to emit 10 tons per year of VOCs that would be subject to the regulations listed below if it did not comply with the limitations on actual emissions established under subdivision (e) of this section in any 12-month period:
(i) Part 228 of this Title, Surface Coating Processes;
(ii) Part 233 of this Title, Pharmaceutical and Cosmetic Manufacturing Processes.
(c) Source category prohibitions. Stationary sources specifically required to obtain a title V facility permit by the Administrator are prohibited from establishing federally enforceable emission caps using the provisions of this section.
(d) Eligibility. Owners or operators of existing stationary sources that comply with the limitations on actual emissions and other requirements under this section are not required to apply to the department for a permit modification to obtain a federally enforceable emissions cap. Compliance with such limitations and requirements under this section shall also have the effect of limiting the potential to emit of a stationary source just below major stationary source thresholds. However, if the facility owner or operator determines that the emission limitation or requirements established in this section are unacceptable, the owner or operator must apply for the necessary permit or permit modifications described under section 201-7.2 of this Subpart if they continue to seek relief from the requirement to obtain a title V facility permit or from the applicable requirements listed in paragraphs (b)(1) and (2) of this section.
(e) Emission limitations. Stationary sources subject to and operating pursuant to this section must not emit more than the following quantities of emissions in every 12-month period:
(1) 50 percent of the major stationary source thresholds for regulated air pollutants;
(2) five tons of a single hazardous air pollutant;
(3) 12.5 tons of any combination of hazardous air pollutants;
(4) 50 percent of any lesser threshold for a single hazardous air pollutant that the administrator may establish by rule and upon incorporation into state regulation; or
(5) five tons of VOC for stationary sources seeking a cap to avoid the following applicable requirements:
(i) Part 228 of this Title, for surface coating processes listed under section 228.7 of this Title; and
(ii) Part 233 of this Title, for synthesized pharmaceutical manufacturing processes.
(f) Recordkeeping requirements. The owner or operator of any facility subject to this section must maintain all required records on-site for a period of five years and make them available to representatives of the department upon request. Department representatives must be granted access to any facility regulated by this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other State and Federal air pollution control requirements, regulations or law.
(g) Emission control equipment. The owner or operator of any facility which meets the criteria given in subdivisions (h), (i) and (j) of this section, and uses air pollution control equipment to comply with an emissions cap shall operate and maintain such equipment in a manner consistent with good engineering practices. If such control equipment is required under any Part of this Chapter and would limit emissions to a greater degree than what the thresholds established in this section would allow then the more stringent emission limitations applies. The owner or operator must monitor and record such process parameters as the department requires, including but not limited to the following:
(1) information on equipment type and description, make and model, and emission units served by the emission control unit;
(2) information on equipment design, including where applicable: pollutant(s) controlled; control effectiveness; maximum design or rated capacity; inlet and outlet temperatures, and concentrations for each pollutant controlled; catalyst data (type, material, life, volume, space velocity, ammonia injection rate and temperature); baghouse data (design, cleaning method, fabric material, flow rate, air/cloth ratio); electrostatic precipitator data (number of fields, cleaning method, and power output); scrubber data (type, design, sorbent type, pressure drop); other design data as appropriate; all emission unit test information; and
(3) a monthly log of hours of operation including notation of any control equipment breakdowns, upsets, repairs, maintenance and any other deviations from design parameters.
(h) Combustion units. All stationary combustion units subject to this Subpart must comply with the fuel usage limits tabled below.
(1) Limits for units which use exclusively residual oil:
| Location | Controlling Fuel Usage (gal/yr) |
|---|---|
| New York City | 333,000 |
| Nassau, Rockland, Westchester Counties | 333,000 |
| Suffolk County: Towns of Babylon, Brookhaven, Huntington, Islip, Smithtown | 333,000 |
| Erie County: City of Lackawana & South Buffalo | 579,000 |
| Rest of State | 424,000 |
(2) Limits for units which use exclusively distillate oil:
| Location | Controlling Fuel Usage (gal/yr) |
|---|---|
| New York City | 1,250,000 |
| Nassau, Rockland, Westchester Counties | 1,250,000 |
| Suffolk County: Towns of Babylon, Brookhaven, Huntington, Islip, Smithtown | 704,000 |
| Erie County: City of Lackawana & South Buffalo | 640,000 |
| Rest of State | 469,000 |
(3) Limits for units which use exclusively natural gas:
| Location | Controlling Fuel Usage (cubic feet per twelve month period) |
|---|---|
| All severe ozone non-attainment areas | 45,000,000 |
| Remainder of State | 181,000,000 |
(4) Dual fueled units: combustion units capable of using more than one fuel must be able to demonstrate that the average fuel usage for every 12-month period will not cause exceedances of the emission limits specified by subdivision (e) of this section.
(5) Recordkeeping requirements. Source owners or operators of any combustion unit(s) subject to this Subpart must maintain and keep the following records: information on equipment type, make and model, maximum design process rate or maximum power input/output, all source test information, fuel type, fuel usage, fuel heating value, percent sulfur for fuel oil, and a monthly log of hours of operation,
(i) Coating/printing operations. The owner or operator of any facility that operates coating/solvent emission units or uses a coating, solvent, ink, or adhesive and is subject to this Subpart must keep and maintain the following records:
(1) a current list of all coatings, solvents, inks and adhesives in use. This list must include: information on the manufacturer, brand, product name or code, VOC content in pounds per gallon, HAPS content in pounds per gallon, or other manufacturer's product specifications, material VOC content reports or laboratory analyses providing this information;
(2) a description of equipment used during and after coating/solvent application, including type, make and model; maximum design process rate or throughput; all emission control unit information as described in subdivision (g) of this section, as applicable, and a description of the coating/solvent application/drying method(s) employed;
(3) a monthly log of the consumption of each solvent (including solvents used in clean up and surface preparation), coating, ink and adhesive used and calculations showing compliance with the emission limits required by subdivision (e) of this section, as applicable. For the purpose of complying with this Subpart, all volatile organic compounds and hazardous air pollutants consumed by the coating/printing processes are to be considered as being emitted to the atmosphere; and
(4) all purchase orders, invoices, and other documents to support information in the monthly log.
(j) General process, exhaust or ventilating systems. Source owners or operators of general process, exhaust, or ventilation systems that are subject to this Subpart, but do not fit the classifications described in subdivision (h) or (i) of this section, must keep and maintain the following records:
(1) information on the process and equipment including the following: equipment type, description, make and model; maximum design process rate or throughput, all emission control unit information as described in subdivision (g) of this section, as applicable;
(2) any additional information as requested by the department;
(3) a monthly log of operating hours, each raw material used and its amount, each product produced and its production rate; and
(4) purchase orders, invoices, and other documents to support information in the monthly log.
(k) Modifications. The owner or operator of any facility subject to this section must apply for and obtain all necessary permits prior to commencing any physical or operational change which will result in any increase to the actual emissions which would exceed the emission limitations under subdivision (e) of this section. Should the proposed modification to the facility result in actual emissions exceeding the emission limits set forth in subdivision (e) of this section, the facility will become subject to all applicable requirements that the owner or operator was capable of avoiding by complying with the requirements of this section, except where a new emission cap is subsequently obtained in accordance with section 201-7.2 of this Title.
(l) Compliance. A responsible official will verify annually through a review of required records and totaling of emissions information, that the facility is eligible under this Subpart and has operated in accordance with all applicable requirements of this section. In any situation where the provisions of this section have or are not expected to be achieved the source owner or operator shall notify the department.
(1) Failure to comply with any of the applicable provisions of this section shall constitute a violation of this Part.
(2) Commencing on the first day following every 12-month period, any facility subject to this section is subject to all applicable requirements, when either of the following conditions occur:
(i) the facility exceeds any of the emission limits specified in subdivision (e) of this section, as applicable; or
(ii) the owner or operator of the facility cannot demonstrate, through the use of the limitations and requirements described in subdivisions (e), (g), (h), (i) and (j) of this section that the facility-wide emission totals for any 12-month period are below the emission limits as specified in subdivision (e) of this section, as applicable.