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Subpart 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, 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.



§201-7.1 Emission capping in facility permits.

(a) The owner or operator of a facility subject to this Part may elect to accept federally enforceable permit conditions which restrict or cap emissions from the facility or an emission source below one or more applicable requirements or where needed to establish an emission reduction credit as defined in Part 231 of this Title.

(b) When an emission cap is desired, the facility owner or operator must submit an application for a facility permit or facility permit modification which includes the information in subdivisions (c) and (d) of this section. The facility owner or operator may also accept the conditions of a department initiated permit modification in accordance with Part 621 of this Title to establish an emission cap.

(c) A facility permit or facility permit modification application that proposes a cap must contain the following material in addition to the requirements of Subparts 201-5 or 201-6 of this Part, whichever is applicable:

(1) a complete description of the proposed emission cap, including all background information on the emission sources and processes involved, including, but not limited to:

(i) emissions of individual regulated pollutants;

(ii) duration and frequency of emissions;

(iii) existing or proposed control equipment;

(iv) other emission sources releasing the same contaminants at the facility;

(v) calculations assessing the applicability status of the facility; and

(vi) calculations demonstrating that the cap will obviate the requirement to obtain a title V facility permit and/or comply with an applicable requirement.

(d) The facility 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 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.

(e) Permits and permit modifications involving proposed emission caps under this Subpart are subject to the public notice and comment procedures required for permit applications under Part 621 of this Title. Copies of permits including capping conditions 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.

(f) When approved by the department, federally-enforceable conditions will be incorporated into the permit limiting emissions below those requiring a title V facility permit or compliance with a specific applicable requirement.

(g) The owner or operator of a 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.

(h) 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 sources 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.

(i) The emission of pollutants in excess 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.