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Subpart 201-5: State Facility 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.



§201-5.1 Applicability

(a) Except when required to obtain a title V facility permit pursuant to Subpart 201-6 of this Part, owners or operators of facilities with emission sources that are not considered to be exempt or trivial pursuant to Subpart 201-3 of this Part, or that cannot register pursuant to Subpart 201-4 of this Part, are subject to the requirements of this Subpart if:

(1) the facility's potential to emit is being capped pursuant to section 201-7.1 of this Part to avoid the requirement to obtain a title V permit or other applicable requirement;

(2) the facility is subject to any department approved variance from the requirements of this Chapter;

(3) the facility has annual actual emissions of one or more persistent, bioaccumulative or toxic compounds greater than or equal to the thresholds listed in table 1 of Subpart 201-9 of this Part, except where the facility is a stationary or portable combustion installation; or

(4) the facility has annual actual emissions of any regulated air contaminant in excess of the thresholds listed in section 201-4.5(a) of this Part.

(b) State facility permits shall authorize both construction and operation of one or more emission sources under a single permit. No person shall construct a new emission source described under subdivision (a) of this section without a State facility permit, or construct new emission sources or modify existing emission sources without a permit modification unless the changes are allowed under section 201-5.4 of this Subpart.

§201-5.2 Application Content

(a) All State facility permit applications submitted to the department shall be signed by a responsible official and provided in a format acceptable to the department.

(b) State facility permit applications must include the following information:

(1) identifying information, including owner name and address, facility name and address, responsible official name and address;

(2) a location map with the site marked on it if the application is for a new facility;

(3) a list and description of all emission sources at the facility except those that are listed as exempt or trivial in Subpart 201-3 of this Part;

(4) a listing of the Standard Industrial Classification (SIC) or North American Industry Classification System (NAICS) codes which correspond to the primary operations carried out at the facility;

(5) a description of all processes, their associated emission sources and products;

(6) a list of all emission points including the following parameters: stack height (ft), stack height above building (ft), internal stack diameter (in), exit temperature (degrees F), exit velocity (ft/sec), exit flow (acfm), distance from emission the emission point to the property line (ft) and NYTM coordinates;

(7) a process flow diagram detailing which process emissions and emission sources exhaust from which emission point;

(8) a list including the type, rate and quantity of all regulated air pollutant emissions and persistent, bioaccumulative and toxic compound emissions, as listed in Subpart 201-9 of this Part, in sufficient detail for the department to determine those State and Federal requirements that are applicable to the facility;

(9) a list of all State and Federal air pollution control requirements applicable to the facility; and

(10) any other information requested by the department

(c) Renewal applications for State facility permits must be submitted to the department at least 180 days, but not more than 18 months, prior to the date of permit expiration. While the renewal application is being processed by the department, the owner or operator of the facility may continue to operate that facility under the terms and conditions of the existing permit, provided the application is submitted in accordance with this Subdivision.

§201-5.3 Permit content and terms of issuance

(a) New and modified State facility permits will be issued for a period not to exceed 10 years.

(b) Facility owners or operators holding an existing State facility permit issued prior to the effective date of this Subpart must submit an updated State facility permit application, as described in this Subpart, to the department within 90 days of receiving written notification from the department.

(c) Permits may contain such conditions as the department shall require to insure compliance with the provisions of this Title, to identify applicable Federal standards, recordkeeping and reporting requirements and ensure that operation of the facility will not prevent attainment or maintenance of one or more national ambient air quality standards.

§201-5.4 Permit Modifications.

(a) An application for permit modification must be submitted by the owner or operator of a facility, subject to the provisions of section 201-5.2 of this Subpart, prior to making any of the following changes at an existing facility:

(1) modifications to existing emission sources as defined under section 200.1 of this Title;

(2) the addition of a new emission source;

(3) changes to any existing permit terms or conditions; or

(4) changes that cause the facility to become subject to any additional requirements or regulations under this Title.

(b) The modified permit must be issued before the facility owner or operator may commence construction or operation of the requested modifications.

(c) The owner or operator of a facility subject to this Subpart must notify the department in writing as described in subdivision (d) of this section at least 30 calendar days in advance of making any of the changes described in paragraphs (1) through (3) of this subdivision, and maintain records of the date and description of such change for a period of at least five years. These records must be made available for review by department representatives upon request.

(1) the relocation of emission points within a facility;

(2) the emission of any air pollutant not previously authorized or emitted in accordance with a permit issued by the department; and

(3) the installation or alteration of any air cleaning installations, device, or control equipment.

(d) Advance notifications required by subdivision (c) of this section shall include the following information:

(1) identification of the emission unit, process(es), emission source(s), and emission point(s) affected by the proposed change;

(2) date on which the change is to occur;

(3) description of the proposed change;

(4) if appropriate, the identification and description of emissions control technology and compliance terms; and

(5) the identification of all contaminants emitted by the affected emission sources and calculations of the emission rate potential, potential to emit, and projected actual annual emission rates after the proposed change.

(e) Changes at a facility that meet all of the criteria in paragraphs (1) through (3) of this subdivision may not require modfication of the permit and may be conducted without the prior approval of the department. The owner or operator of the facility must maintain records of the date and description of each such change consistent with the provisions of subdivision (d) of this section for a period of at least five years. These records must be made available for review by department representatives upon request.

(1) Changes that do not cause facility emissions to exceed any emission limitation or other condition in the facility's permit.

(2) Changes that do not cause the facility to become subject to any additional regulations or requirements under this Title.

(3) Changes that do not seek to establish or modify a federally-enforceable emission cap or limit.

(f) The department may require a permit modification to impose applicable requirements or permit conditions if it determines that changes proposed pursuant to the requirements of this section do not meet the criteria under subdivision (e) of this section, or that the changes may have a significant air quality impact. In such cases, the department may require that the owner or operator not undertake the proposed change until it completes a more detailed review. The department's determination shall include a listing of information necessary to further review the proposed change.