Subpart 201-4: Minor Facility Registrations

(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], 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.]

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.

§201-4.1 Applicability

(a) Notwithstanding the requirement in other Parts of this title for a permit to construct and/or certificate to operate, owners and/or operators of stationary sources which are not considered to be exempt or trivial pursuant to Subpart 201-3 "Exemptions and Trivial Activities" and do not otherwise require a permit under Subparts 201-5 "State Facility Permits" or 201-6 "Title V Permits," which meet the following criteria are required to register with the department, as specified in this section:

(1) gasoline dispensing sites subject to Part 230 of this Title;

(2) facilities with existing stationary sources that are in industrial categories to which a New Source Performance Standard (NSPS) applies, with potential emissions of regulated contaminants below the applicability thresholds of 201-6 or which have been deferred from the requirement for obtaining a title V permit in section 201-6.1(c) of this Part;

(3) facilities with existing stationary sources which emit any contaminant listed as a hazardous air pollutant under section 112 of the act with a potential to emit below the applicability thresholds of Subpart 201-6 of this Part or which have been deferred from the requirement for obtaining a title V permit pursuant to section 201-6.1(c) of this Part;

(4) any stationary source which has its potential to emit capped by rule pursuant to section 201-7.3 of this Part; and

(5) any stationary source which has annual actual emissions of any regulated air contaminant that do not exceed the appropriate threshold in section 201-7.3(e) of this Part, regardless of the facility's potential to emit for that contaminant.

(b) Stationary sources not subject to the title V requirements of Subpart 201-6 of this Part and which cannot register based on criteria in subdivision (a) of this section will be subject to the requirements of Subpart 201-5 of this Part.

§201-4.2 Authorization procedures

(a) Registrations are ministerial actions for the purposes of Part 617 State Environmental Quality Review of this Title.

(b) Registrations are not subject to Part 621 Uniform Procedures of this Title.

(d) Where the activity requiring registration is associated with the construction of a new facility, the owner and/or operator may not undertake the activity until a registration certificate is received from the department. The department will notify the owner/operator on the acceptability of the registration within 30 days of receipt.

(e) Owners and/or operators of facilities must notify the department of ownership transfer within 30 days following such transfer using forms provided by or acceptable to the department.

(f) Registration certificates for eligible facilities are valid for the life of the registered stationary sources.

§201-4.3 Transition provisions for existing permitted facilities

(a) On the effective date of this Subpart, all valid certificates to operate for a given facility subject to the provisions of this Subpart will be extended indefinitely.

(b) Gasoline dispensing sites subject to the requirements of Part 230 of this Title which are registered with the department pursuant to Part 612 of this Title meet the registration requirement of this Subpart and do not need to obtain any additional registration certificates.

(c) Gasoline dispensing sites not subject to the requirements of Part 612 of this Title which have been issued certificates to operate prior to the effective date of this Part will have their certificates extended indefinitely. They will be considered to be registered for purposes of this Subpart.

(d) Registration applications must be submitted to the department on a form prescribed by or acceptable to the department, at least 30 days prior to undertaking the activity proposed for registration. The department will notify the owner/operator on the acceptability of the registration within 30 days of receipt.

(e) Facilities eligible for registration by accepting emission caps pursuant to Subpart 201-7 "Federally Enforceable Emission Caps" of this Part must comply with the following application submittal requirements:

(1) The facility owner and/or operator must notify the department on a form acceptable to the department within one year of EPA administrator's approval of the program that they intend to comply with the requirements of section 201-7.3 of this Part and be eligible for registration;

(2) The facility owner and/or operator must then submit an application for registration within the same time frames established in section 201-6.2(b) of this Part for title V facility permit application submittal; and

(f) Where a permit to construct was issued prior to the effective date of this Subpart for an emission source, a certificate to operate may be issued if the application for operating approval is submitted to the department within six months of the effective date of this Subpart.

(g) Applications for operating approval submitted six months after the effective date of this Subpart shall be made using any new registration application forms, unless the source owner can demonstrate that this requirement will impose a hardship and/or would cause a delay in obtaining operating approval for the emission source.

(h) Owners and/or operators of existing facilities subject to registration shall submit a permit application for a State facility permit within one year of commencement of operation of new emission unit(s) or modified emission unit(s) at an existing facility which makes the facility subject to the requirements of Subpart 201-5 "State Facility Permits" of this Part.

§201-4.4 Applications

(a) Application content. All registration applications submitted to the department shall be provided in a format acceptable to the department. At a minimum, the forms must require:

(1) identifying information, including owner and/or operator name and address, plant name and address;

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

(3) a facility description of the operations carried out at the facility;

(4) a listing of the Standard Industrial Classification Codes (SIC) which correspond to the primary operations carried out at facility;

(5) a list of hazardous air pollutants emitted at the facility;

(6) a listing of the applicable New York State requirements in this Chapter; and

(7) a listing of the applicable Federal requirements.

§201-4.5 Notification of changes

Owners and/or operators of registered facilities must notify the department 30 days in advance of undertaking modifications to the facility that will make the facility subject to additional State or Federal requirements.