NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

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, 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.

Contents:

Sec.

§201-4.1 Applicability

(a) 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 and not otherwise required to obtain a permit pursuant to Subparts 201-5 or 201-6 of this Part are required to register with the department as specified in this Subpart. Such facilities include, but are not limited to:

(1) any facility which has annual actual emissions of regulated air contaminants, each of which do not exceed the appropriate threshold in section 201-4.5(a) of this Subpart, regardless of the facility's potential to emit for that contaminant; and

(2) any facility, except a stationary or portable combustion installation, with annual actual emissions of all persistent, bioaccumulative or toxic compounds in an amount that is less than the threshold listed in table 1 of Subpart 201-9 of this Part.

(b) The owner or operator of a facility that otherwise meets the criteria in subdivision (a) of this section may be required to apply for a State facility permit pursuant to Subpart 201-5 of this Part if the department determines that permit conditions are necessary to ensure the facility's continuous compliance with one or more applicable requirements and/or the requirements of this Chapter. The facility owner or operator shall have six months from receipt of the department's determination to submit a complete permit application.

§201-4.2 General requirements

(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.

(c) Registrations shall authorize both construction and operation of the listed emission sources at the registered facility.

(d) Where the activity requiring registration is associated with the construction of a new facility or emission source, the owner or operator may not commence construction until a registration certificate is received from the department. The department will notify the facility owner or operator whether the registration is acceptable within 30 days of receipt of the application.

(e) New and modified registrations issued after the effective date of this Subpart are valid for 10 years from the date of issuance.

(f) The department may withdraw or revoke, consistent with Part 621 of this Title, any registration upon a determination that the registered activity poses the potential for a significant adverse impact to the public health, safety, welfare, or the environment.

(g) The owner or operator of a facility holding a registration issued prior to the effective date of this Subpart must submit an updated registration application, as described in this Subpart, to the department within 90 days of receiving written notification from the department.

§201-4.3 Application Content

(a) All registration applications submitted to the department shall be signed by a responsible official and provided in a format acceptable to the department. At a minimum, registration applications must include the following:

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

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

(3) a detailed description of the operations carried out at the facility including emission sources, processes and products;

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

(5) a list of all regulated air pollutants and persistent, bioaccumulative and toxic compounds, as listed in Subpart 201-9 of this part, emitted from the facility including the rate and quantity of emissions in sufficient detail for the department to determine all State and Federal requirements that are applicable to the facility;

(6) a list of all emission sources at the facility, except those that are exempt or trivial pursuant to Subpart 201-3 of this Part;

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

(8) a listing of the applicable Federal requirements; and

(9) any other related information requested by the department.

(b) Renewal applications for air facility registrations must be submitted to the department no later than 60 days prior to the date of registration expiration. The owner or operator of an existing registered facility may continue to operate that facility while the renewal application is processed provided the application is submitted as described in this subdivision.

§201-4.4 Notification of changes

(a) Owners or operators of registered facilities must provide the department with an updated registration applicationat least 30 days in advance of undertaking modifications to the facility that will make the facility subject to additional State or Federal regulatory requirements.

(b) Owners or operators of registered facilities must notify the department of a change or transfer of ownership within 30 days of such transfer by submitting an updated registration application to the department.

§201-4.5 Emission capping by rule.

(a) Any facility with the potential to emit one or more regulated air contaminants at a rate greater than or equal to the major facility threshold or any lesser threshold in an applicable requirement, but with actual emissions less than the thresholds described below, may elect to accept a federally enforceable emission cap on those contaminants. Facilities operating pursuant to this section must emit less than the following thresholds during every 12-month period:

(1) 50 percent of the major facility threshold for any regulated air contaminant;

(2) 50 percent of any lesser threshold for a single hazardous air pollutant that the administrator may establish by rule and upon incorporation in State regulation; or

(3) 50 percent of any lesser threshold established in State regulations for volatile organic compounds.

(b) If the facility owner or operator determines that an emission limitation or requirement established by this section is unacceptable, the owner or operator must apply for either a State facility permit pursuant to Subpart 201-5 of this Part or a title V facility permit pursuant to Subpart 201-6 of this Part.

(c) 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.

(d) The owner or operator of any facility that meets the criteria established pursuant to subdivisions (f), (g) and (h) of this section, and uses air pollution control equipment to comply with an emissions cap established pursuant to this section, shall operate and maintain such equipment in a manner consistent with manufacturer's specifications. If such control equipment is required by any other Part of this Chapter and would limit emissions to a greater degree than the thresholds established in this section then the more stringent emission limitation applies.

(e) The facility owner or operator must monitor and record process parameters to the extent necessary to determine actual emissions, including but not limited to the following:

(1) information on emission control equipment type and description, make and model, and emission sources served by the emission control unit;

(2) information on emission control equipment design, including where applicable: pollutant(s) controlled; control effectiveness; maximum design or rated capacity; inlet and outlet temperatures; concentrations of 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 source 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.

(f) The owner or operator of any stationary combustion installation subject to this Subpart must keep and maintain the following records:

(1) Records indicating the type and quantity of fuel combusted at the facility during every 12-month period. Facilities capable of using more than one fuel must also demonstrate that the annual actual emissions for every 12-month period do not exceed the thresholds listed in subdivision (a) of this section, based on the type and quantity of fuel used.

(2) Information on equipment type, make and model, maximum design process rate or maximum power input/output, all source test information, fuel heating value, percent sulfur for fuel oil, and a monthly log of hours of operation.

(g) The owner or operator of any facility that operates coating/solvent emission sources or uses a coating, solvent, ink, sealant or adhesive and is subject to this Subpart must keep and maintain the following records:

(1) a current list of all coatings, solvents, inks, sealants and adhesives in use. This list must include: information on the manufacturer, brand, product name or code, VOC content in pounds per gallon, hazardous air pollutants (HAPs) content in pounds per gallon, or other manufacturer's product specifications;

(2) a description of equipment used during and after coating, solvent, ink sealant or adhesive application, including type, make and model; maximum design process rate or throughput; all emission control unit information as described in subdivision (e) 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, sealant and adhesive used and calculations showing compliance with the emission limits required by subdivision (a) of this section, as applicable. For the purpose of complying with this Subpart, all VOCs and HAPs consumed during the application of coatings, solvents, inks, sealants and adhesives are to be considered as being emitted to the atmosphere; and

(4) all purchase orders, invoices, and other documents to support the information in the monthly log.

(h) The owner or operator of a facility with general process, exhaust, or ventilation systems that are subject to this Section, but do not fit the classifications described in subdivision (f) or (g) 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 (e) of this section, as applicable;

(2) a monthly log of operating hours, each raw material used and its amount, each product produced and its production rate;

(3) purchase orders, invoices, and other documents to support information in the monthly log; and

(4) any additional information as requested by the department.

(i) The owner or operator of any facility subject to this section must apply for and obtain all necessary approvals prior to commencing any physical or operational change which will result in an increase in actual emissions above the emission limitations in subdivision (a) of this section. The facility will remain subject to all applicable requirements until a new emission cap is established in accordance with section 201-7.1 of this Part.

(j) A responsible official must verify annually through a review of required records and totaling of emissions information that the facility is eligible for regulation by this section and has operated in accordance with all requirements of this section. A record of this verification must be kept on-site for inspection by the department for five years, along with the emission estimates and their basis, showing compliance with this section. In any situation where the provisions of this section have not been or are not expected to be met, the facility owner or operator shall notify the department.

(1) If the owner or operator of the facility cannot demonstrate, through the use of the limitations and requirements described in this section, that the facility-wide emission totals for any 12-month period are below the emission limits as specified in subdivision (a) of this section, the facility must demonstrate compliance with all applicable requirements the facility avoided pursuant to the provisions of this section.