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Express Terms 6 NYCRR Part 201, Permits and Registrations 6 NYCRR Subpart 201-1, General Provisions

(Statutory Authority: Environmental Conservation Law Sections 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, Section 7661(b); Federal Clean Air Act, Section 160-169, 171-193 (42 U.S.C. Sections 7470-7479; 7501-7515))

Subpart 201-1, General Provisions

Section 201-1.1 Purpose and applicability.

(a) 'Purpose'. The purpose of this Part is to require owners and[/or] operators of air contamination sources to obtain a permit or registration [certificate] from the department for the construction and operation of such sources.

(b) 'Applicability'. This Part applies throughout New York State. [Unless] Except as specifically [exempted pursuant to] described in Subpart 201-3 of this Part, owners and[/or] operators of air contamination sources must comply with this Part. Owners [and/or] or operators of major stationary sources subject to Subpart 201-6 of this Part must obtain a Title V facility permit. Owners [and/or] or operators of other emission sources must either register, pursuant to Subpart 201-4 of this Part, or obtain a State facility permit pursuant to Subpart 201-5 of this Part. Owners [and/or] or operators of emission sources subject to applicable requirements, or the requirement to obtain a Title V facility permit, may request limitations on such source's potential to emit regulated air pollutants in accordance with Subpart 201-4 or 201-7 of this Part, in order to avoid such applicable requirements. Subpart 201-8 of this Part provides for the issuance of general permits for stationary sources subject to this Part, except for affected sources under the federal Acid Rain Program, unless otherwise provided in regulations promulgated under Title IV of the Act.

Section 201-1.2 Unpermitted emission sources.

(a) Except as otherwise provided by this Part, construction or operation of a new, modified or existing air contamination source without a registration or permit issued pursuant to this Part is prohibited.

(b) If an existing emission source was subject to the permitting requirements of Part 201 of this Title at the time of construction or modification, and the owner [and/or] or operator failed to apply for a permit for such emission source, then the following provisions apply:

[(a)] (i) The owner [and/or] or operator must apply for a permit for such emission source or register the facility in accordance with the provisions of this Part.

[(b)] (ii) The emission source or facility is subject to all regulations that were applicable to it at the time of construction or modification and any subsequent requirements applicable to existing sources or facilities.

Section 201-1.3 Change in ownership.

A title V facility permit, State facility permit, general permit or registration [certificate] is valid only for the emission unit(s), owner [and/or] or operator, facility, mode of operation and [special] permit conditions stated in the application, permit or registration. The owner [and/or] or operator can transfer the permit or registration [certificate] to a new owner [and/or] or operator if the mode of operation and emissions do not change. Permit transfers are subject to the procedures established under Part 621 of this Title. The transfer of a registration is subject to the procedures set forth in Section 201-4.4 of this Part.

Section 201-1.4 [Unavoidable noncompliance and violations] Malfunctions and start-up/shutdown activities.

[At the discretion of the commissioner, a violation of any applicable emission standard for necessary scheduled equipment maintenance, start-up/shutdown conditions and malfunctions or upsets may be excused if such violations are unavoidable. The following actions and recordkeeping and reporting requirements must be adhered to in such circumstances.]

(a) The facility owner or operator shall take all necessary and appropriate actions to prevent the emission of air pollutants that result in contravention of any applicable emission standard during periods of start-up, shutdown, or malfunction.

[(a)] (b) The facility owner [and/or] or operator shall compile and maintain records of all equipment malfunctions, maintenance [or], or start-up/shutdown activities when they can be expected to result in an exceedance of any applicable emission standard, and shall submit a report of such activities to the [commissioner's representative] department when requested to do so, [in writing] or when so required by a condition of a permit [or certificate] issued for the corresponding air contamination source. Such reports shall [describe why the violation was] state whether any violations occurred and, if so, whether they were unavoidable, [and shall] include the time, frequency and duration of the maintenance and/or start-up/shutdown activities, and [the identification of] an estimate of the emission rates of any air contaminants released[, and the estimated emission rates. If a]. Such records shall be maintained for a period of at least five years and made available for review to department representatives upon request. Facility [owner] owners [and/or] or [operator] operators [is] subject to continuous stack monitoring and quarterly reporting requirements [, he] need not submit additional reports for equipment maintenance or start-up/shutdown activities for the facility to the [commissioner's representative] department.

[(b)] (c) In the event that emissions of air contaminants in excess of any emission standard in this Subchapter occur due to a malfunction, the facility owner [and/or] or operator shall compile and maintain records of the malfunction and [report such malfunction by telephone to the commissioner's representative] notify the department as soon as possible during normal working hours, but [in any event] not later than two working days after becoming aware that the malfunction occurred. [Within 30 days thereafter, when] When requested [in writing] by the [commissioner's representative] department, the facility owner [and/or] or operator shall submit a written report to the [commissioner's representative] department describing the malfunction, the corrective action taken, identification of air contaminants, and an estimate of the emission rates.

[(c)] (d) The department may also require the owner [and/or] or operator to include, in reports described under Subdivisions [(a) and (b)] (b) and (c) of this Section, an estimate of the maximum ground level concentration of each air contaminant emitted and the effect of such emissions [depending on the deviation of the malfunction and the air contaminants emitted].

[(d) In the event of maintenance, start-up/shutdown or malfunction conditions which result in emissions exceeding any applicable emission standard, the facility owner and/or operator shall take appropriate action to prevent emissions, which will result in contravention of any applicable ambient air quality standard. Reasonably available control technology, as determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or malfunction condition subject to this Subdivision.]

(e) A violation of any applicable emission standard resulting from start-up, shutdown, or malfunction conditions at a permitted or registered facility may not be subject to an enforcement action by the department and/or penalty if the department determines, in its sole discretion, that such a violation was unavoidable. The actions and recordkeeping and reporting requirements listed above must be adhered to in such circumstances.

Section 201-1.5 Emergency defense.

An emergency, as defined in Subpart 201-2 of this Part, constitutes an affirmative defense to [an] penalties sought in an enforcement action brought by the department for noncompliance with emission limitations or permit conditions for all facilities in New York State.

(a) The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) an emergency occurred and that the facility owner [and/or] or operator can identify the cause(s) of the emergency;

(2) the equipment at the permitted facility causing the emergency was at the time being properly operated and maintained;

(3) during the period of the emergency the facility owner [and/or] or operator took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and

(4) the facility owner [and/or] or operator notified the department within two working days after the event occurred. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.

(b) In any enforcement proceeding, the facility owner [and/or] or operator seeking to establish the occurrence of an emergency has the burden of proof.

(c) This provision is in addition to any emergency or upset provision contained in any applicable requirement.

Section 201-1.6 Public participation.

Local and Federal government, affected State and public participation in permit proceedings will be provided for in accordance with procedures established in Part 621, Uniform Procedures, of this Title unless otherwise provided for in this Part.

Section 201-1.7 Recycling and salvage.

Where practical, [any person who owns or operates] the owner or operator of an air contamination source shall recycle or salvage air contaminants collected in an air cleaning device according to the requirements of this Title.

Section 201-1.8 Prohibition of reintroduction of collected contaminants to the air.

No person shall unnecessarily remove, handle, or cause to be handled, collected air contaminants from an air cleaning device for recycling, salvage or disposal in a manner that would reintroduce them to the outdoor atmosphere.

Section 201-1.9 Delegation of program.

(a) The department may delegate permitting and/or enforcement of this Part and other Parts of this Title to a city or county. In order for the city or county to qualify for delegation, the department must:

(1) determine that the city or county has:

(i) enacted local laws, ordinances and regulations consistent with the relevant requirements of this Title; and

(ii) the staff resources and expertise necessary to implement the program to be delegated[; and].

(2) obtain any approval necessary for such delegation from the administrator; and

(3) publish notice of [approval] the approved delegation in the 'Environmental Notice Bulletin'.[, which approval is in effect upon] The delegation shall become effective 30 days following the date of [such] publication.

(b) The department shall withdraw delegation when a city or county program no longer complies with the requirements of this [Title] Section, and the city or county fails to take corrective action within 30 days of being so advised by the department.

(1) Such circumstances for the department to withdraw delegation include the following:

(i) failure of the city or county to promulgate new laws, ordinances and regulations as necessary to be consistent with the relevant requirements of this Title;

(ii) the city or county fails to exercise sufficient control over activities required to be regulated pursuant to the delegation, including failure to issue permits;

(iii) repeated issuance of permits that do not comply with the relevant requirements of this [Title] Part;

(iv) failure to comply with the public participation requirements of this Title;

(v) failure to act on violations of permits or other delegated program requirements;

(vi) failure to seek adequate enforcement penalties or to collect administrative fines when imposed; and

(vii) failure to inspect and monitor activities subject to delegation.

(2) Notice of the department's withdrawal of delegation shall be printed in the 'Environmental Notice Bulletin' and the delegation will cease to be in effect 30 days following publication of such notice.

Section 201-1.10 Public access to recordkeeping.

(a) Where [emission source] facility owners [and/or] or operators keep records pursuant to compliance with the [operational flexibility requirements of Section 201-5.4(b)(1) of this Part, and/or the emission capping requirements of Sections 201-7.2(d), 201-7.3(f), (g), (h)(5), (i) and (j)] requirements of this Part, the department will make such records available to the public upon request in accordance with 6 NYCRR Part 616 [- Public Access to Records of this Title]. [Emission source] Facility owners [and/or] or operators must submit the records required to comply with the request within 60 working days of written notification by the department of receipt of the request.

(b) For facilities subject to Subpart 201-6 of this Part, the department will make available to the public any permit application, compliance plan, permit, and monitoring and compliance certification report pursuant to section 503(e) of the Act, except for information entitled to confidential treatment pursuant to 6 NYCRR Part 616 [- Public Access to Records and] or section 114(c) of the Act.

Section 201-1.11 Temporary emission sources.

(a) The owner or operator of a facility operating a temporary emission source is not required to obtain or modify a permit or registration for that source, as otherwise required by this Part, if the following conditions are met:

(1) The owner or operator of the temporary emission source notifies the department of the intent to operate a temporary emission source at least 10 days in advance of such operation;

(2) The emission source is operated in compliance with all applicable requirements and all Parts of this Chapter;

(3) The owner or operator of the facility where the temporary emission source is located maintains records on-site, for a period of at least five years, indicating the dates of operation of each temporary emission source;

(4) Total emissions from the emission source do not exceed, or cause an existing permitted or registered facility to exceed, any of the following threshold levels:

(i) The major facility thresholds described in Paragraph 201-2.1(b)(21) of this Part;

(ii) An emissions cap established pursuant to Subparts 201-4 or 201-7 of this Part;

(iii) The significant project thresholds described in Part 231 of this Title at an existing major facility; and

(5) The temporary emission source is not an affected source, as defined in Paragraph 201-2.1(b)(3) of this Part.

(b) The department may require the owner or operator of a temporary emission source to obtain an air permit or registration for the location at which the source is operated if it determines that the emission source does not or cannot meet the requirements of this Section or any other requirements of this Chapter.

Section 201-1.12 Suspension, reopening, reissuance, modification or revocation of air permits.

(a) The department may suspend, reopen, reissue, modify or revoke a permit in accordance with the procedures and provisions of Part 621 of this Chapter.

(b) The owner or operator of any air contamination source or air cleaning device shall operate and maintain such source or device in compliance with all applicable requirements, permit conditions, other Parts of this Title and existing laws. Failure of such person to operate and maintain the sources and/or devices shall be sufficient reason for the department to revoke or deny a permit or registration in accordance with the procedures and provisions of Part 621 of this Chapter.

Section 201-1.13 Access to regulated facilities.

Department representatives must be granted access, during normal operating hours, to any facility regulated by this Part, including facilities that are not required to obtain a permit or registration pursuant to Subpart 201-3 of this Part, for the purpose of determining compliance with this and any other State and Federal air pollution control requirements, regulations or laws.

Section 201-1.14 Certificates to operate

The owner or operator of an existing facility operating under a Certificate to Operate and/or Permit to Construct is required to apply to the department for a registration or permit, as described in this Part, within 90 days of notification by the department.

Section 201-1.15 Requirement to commence construction

The existence of a valid permit shall not be construed as authorizing construction if construction is not commenced within 18 months after the date of permit issuance, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time as determined by the department. Up to an 18-month extension may be granted by the department upon a showing of good cause in a written request by the facility owner or operator. The department may suspend, modify or revoke the permit or registration pursuant to Part 621 of this Title if construction or modification has not commenced within 18 months of issuance of such permit or registration, or construction has been discontinued for a period of more than 18 months at any point after issuance of such permit or registration.

SUBPART 201-2 DEFINITIONS

Section 201-2.1 Definitions.

(a) For the purposes of this Part, the general definitions of Part 200 of this Title apply.

(b) For the purposes of this Part, the following definitions also apply:

(1) '12-month period'. A period of 12 consecutive months determined on a rolling basis where a new 12-month period begins on the first day of each calendar month.

(2) 'Actual emissions'. Those emissions resulting from normal daily operations, verifiable by operating records or other compliance monitoring activities, averaged over the prior two years or some other more representative time interval, justified by the applicant to the department's satisfaction.

(3) 'Affected source'. A stationary source that includes one or more fossil fuel fired combustion units ("affected" units) that are subject to emission reduction requirements or limitations established in accordance with the Federal Acid Rain Program under title IV of the Act.

(4) 'Affected states'. All states and tribal lands:

(i) whose air quality may be affected and that are contiguous to the state where the major stationary source is located for which a title V facility permit, permit modification or permit renewal is being proposed; or

(ii) that are within 50 miles of such major stationary source.

(5) 'Applicable requirement'. A standard or other requirement in State or Federal regulations required under the Act as it applies to an [emissions] emission unit or emission source, including requirements that have been promulgated or approved by EPA through [rule making] rulemaking at the time of issuance of a permit but have future effective compliance dates. Applicable requirements that are in Federal regulations are listed in Table 200.10 of Part 200 of this Title. Applicable requirements generally include the following:

(i) any standard or other requirement approved in the New York State Implementation Plan (SIP) that is effective at the time of permit issuance;

(ii) any term or condition of any preconstruction permits issued pursuant to the requirements of title I of the Act, including the Federal Prevention of Significant Deterioration (PSD) Program or new source review in nonattainment areas, pursuant to Part 231 of this Title that are required under the Clean Air Act or are taken by a source to avoid an applicable requirement;

(iii) any standard or requirement promulgated to control emissions under section 111 of the Act (including the New Source Performance Standards or NSPS);

(iv) any standard or other requirement promulgated under section 112 of the Act, including any requirement to control the accidental release of regulated substances, pursuant to section 112(r)(7) of the Act;

(v) any standard, regulation or other requirement of the Acid Rain Program under title IV of the Act;

(vi) any compliance assurance requirements established pursuant to section 504(b) or section 114(a)(3) of the Act;

(vii) any standard, regulation or other requirement governing [municipal] solid waste incineration and hospital/medical/infectious waste incineration promulgated under section 129 of the Act;

(viii) any standard, regulation or other requirement promulgated to protect stratospheric ozone under title VI of the Act unless the administrator has determined that such requirements need not be contained in a permit issued under this Part;

(ix) any standard or other requirement of the program to control air pollution from outer continental shelf facilities under section 328 of the Act;

(x) any national ambient air quality standard, increment, or visibility requirement under title 1, part C of the Act, but only as it would apply to portable [operations] emission sources;

(xi) a standard or other requirement for consumer and commercial products, under section 183(e) of the Act; and

(xii) a standard or other requirement for tank vessels, under section 183(f) of the Act.

(6) 'Area source'. For the purposes of title V permitting, any stationary source of hazardous air pollutants that is not a major stationary source. For the purposes of this Part, the term area source shall not include motor vehicles or non-road vehicles.

(7) 'Certificate of representation'. The completed and signed submission required by 40 CFR part 72.20 for certifying the appointment of a designated representative of an affected source or a group of identified affected sources authorized to represent the owners and operator(s) of such sources and of the affected units of such source(s) with regard to matters under the Acid Rain Program.

(8) 'Compliance assurance monitoring'. When required under the Act, the methodology used by an owner or operator to detect deviations with sufficient accuracy, precision, reliability, frequency and timeliness in order to determine compliance during a reporting period. Compliance assurance monitoring is used for the purpose of demonstrating compliance with the federally enforceable terms and conditions of a title V facility permit and shall meet the requirements promulgated pursuant to [Clean Air Act,] sections 504(b) and 114(a)(3) of the Act.

(9) 'Construction'. The initiation of physical on-site construction activities which are of a permanent nature excluding site clearing and excavation. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures.

(10) 'Draft permit'. The version of a permit offered for public and affected State review under this Part and Part 621 of this Title.

(11) 'Designated representative'. A responsible natural person or official authorized by the owner and operator of an "affected source" and of all affected units at such source as evidenced by a certificate of representation submitted in accordance with subpart B of 40 CFR part 72, to represent and legally bind each owner and operator, as a matter of Federal law, in matters pertaining to the Acid Rain Program. Whenever the term 'responsible official' is used in this Part or in any other regulations implementing title V of the Act, it shall be deemed to refer to the "designated representative" with regard to all matters under title IV of the Act.

(12) 'Emergency'. Any situation arising from sudden and reasonably unforeseeable events beyond the control of the owner [and/or] or operator of a facility, including acts of God, which [situation] requires immediate corrective action to restore normal operation and which causes the emission source to exceed a technology-based requirement under the permit or State-established emission limitations, due to unavoidable increases in emissions attributable to the situation. An emergency shall not include situations caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.

(13) 'Emission cap'. A federally enforceable limit, term, or condition imposed by a permit, or through regulation, that restricts emissions for the purpose of avoiding an applicable requirement to which the stationary source would otherwise be subject, to establish enforceable emission reductions or to avoid the requirement to obtain a title V facility permit. An emission cap can be facility-wide or limited to one or more emission units.

(14) 'Emissions unit'.

(i) Any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant. An emission unit is represented as a grouping of processes for any one of the following:

(a) a single emission point; or

(b) a group of emission points provided that the appropriate compliance assurance methods can be demonstrated to the satisfaction of the department; or

(c) a facility-wide process that cannot be reasonably associated with one emission point or a group of emission points.

(ii) In defining an emission unit, the following applies:

(a) A defined emission source can only be cited in one emission unit.

(b) A defined emission point can only be cited in one emission unit.

(c) A defined emission point can only be cited in one issued permit.

(d) A defined emission unit can only be cited in one issued permit.

This term is not meant to alter or affect the definition of the term unit for the purpose of regulating stationary sources subject to title IV of the Act.

(15) 'Final permit'. The permit issued by the department that has been subject to all applicable review procedures required by this Title.

(16) 'Fossil fuel'. Natural gas, petroleum, coal, and any form of solid, liquid or gaseous fuel derived from such material for the purpose of creating useful heat.

(17) 'Furnace'. Any device (excluding internal combustion engines and gas turbines) that combusts fossil fuel and/or wood for any purpose and whose emissions to the outside atmosphere only include the products of combustion from fossil fuels and/or wood.

(18) 'General permit'. A permit that may be used to authorize the construction and/or operation of numerous uniform or similar emission source types or categories as an alternative to individual project-specific permitting. General permits may authorize a whole facility or one or more processes or emission units at a facility, as described in Subpart 201-8 of this Part.

(19) 'Generally available control technology or GACT'. Control techniques that are generally available for the reduction and minimization of emissions through the application of control equipment, work practices, efficient process design, or best management practices, considering environmental, energy and economic impact.

(20) 'Laboratory operations'. A workplace where small quantities of chemicals are used for research and development, analytical testing or other support services. Equipment in laboratory operations is designed such that it is easily and safely handled by one person. Exhaust equipment such as hoods, elephant trunks and lab scale vacuum aspirator systems are used for capturing gases and/or particulate from equipment such as, but not limited to, atomic absorption, gas chromatographs, liquid pouring or mixing stations, reactors and heat sources. [Laboratory operations do not include those workplaces whose primary purpose is to produce commercial quantities of materials.]

(21) 'Major stationary source or major source or major facility'. Any stationary source or any group of stationary sources, any source or any group of sources, or any facility or any group of facilities, that [are] is located on one or more contiguous or adjacent properties and [are] is under common control, belonging to a single major industrial grouping and that are described in Subparagraph (i), (ii), (iv), or (v) of this Paragraph. For the purposes of this definition, 'a stationary source, source, or facility or group of stationary sources, source, or facilities' shall be considered part of a single industrial grouping if all of the air pollutant or air contaminant emitting activities at such stationary source, source, or facility, or any group of stationary sources, sources, or facilities on contiguous or adjacent properties belong to the same major group ('i.e.', all have the same two-digit code), as described in the 'Standard Industrial Classification Manual', 1987. Stand alone or common wall residential housing units including compatible commercial activities, which are not regulated by other applicable requirements, where the potential to emit for individual associated combustion or emission sources are below major stationary source, major source, or major facility applicability thresholds (notwithstanding that the sum of these individual combustion or emission sources could exceed major stationary sources, major source, or major facility applicability thresholds) shall not be considered a major stationary source, major source, or major facility.

(i) Except as otherwise expressly provided in this Paragraph, a stationary source, source, or facility that directly emits or has the potential to emit, 100 tons per year (tpy) or more of any air pollutant or air contaminant regulated under the Act, except for greenhouse gases, (including any stationary source, source or facility which emits only fugitive emissions, of any such pollutant or contaminant, as determined through regulation by the administrator). For greenhouse gases, a stationary source, source, or facility that directly emits or has the potential to emit 100 tpy or more of greenhouse gases, and 100,000 tpy or more of CO2 equivalents. Fugitive emissions shall not be considered in determining whether a stationary source, source, or facility is major unless it belongs to one of the source categories identified in Subparagraph (iii) of this Paragraph.

(ii) For hazardous air pollutants other than radionuclides, a stationary source, source, or facility that emits or has the potential to emit, in the aggregate, 10 tpy or more of any hazardous air pollutant as defined in Part 200 of this Title (including any fugitive emissions of such pollutant), 25 tpy or more of any combination of such hazardous air pollutants (including any fugitive emissions of such pollutants), or such lesser quantity as the administrator may establish by rule. For radionuclides the meaning of major stationary sources, major sources, or major facility shall be specified by the administrator by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or oil and gas production well (with its associated equipment) and the emissions from any pipeline compressor station or pump station shall not be aggregated with emissions from other units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major stationary sources, major sources, or major facilities.

(iii) Source Category List:

(a) coal cleaning plants (with thermal dryers);

(b) kraft pulp mills;

(c) portland cement plants;

(d) primary zinc smelters;

(e) iron and steel mills;

(f) primary aluminum ore reduction plants;

(g) primary copper smelters;

(h) municipal incinerators capable of charging more than 50 tons of refuse per day;

(i) hydrofluoric, sulfuric, or nitric acid plants;

(j) petroleum refineries;

(k) lime plants;

(l) phosphate rock processing plants;

(m) coke oven batteries;

(n) sulfur recovery plants;

(o) carbon black plants (furnace process);

(p) primary lead smelters;

(q) fuel conversion plants;

(r) sintering plants;

(s) secondary metal production plants;

(t) chemical process plants (excluding ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140);

(u) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(w) taconite ore processing plants;

(x) glass fiber processing plants;

(y) charcoal production plants;

(z) fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or

(aa) all other source categories regulated by a standard under section 111 or section 112 of the Act.

(iv) A stationary source, source, or facility that is located in a nonattainment area or an attainment area of the State within the ozone transport region where the stationary source, source, or facility potential to emit equals or exceeds the emissions thresholds (in tpy) identified in Clause (a), (b), (c), (d), or (e) of this Subparagraph. Fugitive emissions shall not be considered in determining whether a stationary source, source, or facility is major unless it belongs to one of the source categories listed in Subparagraph (iii) of this Paragraph.

(a) For areas classified as marginal or moderate ozone nonattainment, any stationary source, source, or facility with the potential to emit 100 tpy or more of oxides of nitrogen (NOx) or 50 tpy or more of volatile organic compounds (VOC).

(b) [For areas classified as severe ozone nonattainment,] In the New York City metropolitan area or the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, or Woodbury, any stationary source, source, or facility with the potential to emit 25 tpy or more of NOx or VOC.

(c) For attainment areas of the State within the ozone transport region, any stationary source, source, or facility with the potential to emit 100 tpy or more of NOx or 50 tpy or more of VOC.

(d) For areas classified as moderate PM-10 nonattainment, any stationary source, source, or facility with the potential to emit 100 tpy or more of PM-10.

(e) For areas classified as PM-2.5 nonattainment, any stationary source, source, or facility with the potential to emit 100 tpy or more of PM-2.5.

(v) For purposes of determining the applicability of Part 231 with respect to prevention of significant deterioration (PSD) requirements only, a stationary source, source, or facility located in an attainment area of the State where the stationary source, source, or facility potential to emit any attainment contaminant regulated under the act, except for greenhouse gases, equals or exceeds 250 tpy, or equals or exceeds 100 tpy if the stationary source, source, or facility belongs to one of the source categories listed Clauses (a) through (z) of in Subparagraph (iii) of this Paragraph. For greenhouse gases, a stationary source, source, or facility that directly emits or has the potential to emit 100 or 250 tpy or more of greenhouse gases, as applicable, and 100,000 tpy or more of CO2 equivalents. Fugitive emissions shall not be considered in determining whether a stationary source, source, or facility is major unless it belongs to one of the source categories listed in Subparagraph (iii) of this Paragraph.

(22) 'Malfunction'. [shall mean any] Any sudden and unavoidable failure of an air cleaning device or air contamination source to operate in compliance with all applicable Parts of this Title, and shall not include failures that are caused entirely or partially by poor maintenance, careless operation, or other preventable [condition] conditions.

(23) 'Permit shield'. A provision the department includes in a Title V facility permit that compliance with conditions of the permit shall be deemed compliance with the applicable requirements of the act as of the date of permit issuance, provided that the applicable requirements are specifically identified in the permit, or the department determines, in writing, when approving the permit, that other requirements specifically identified do not apply to the facility.

(24) 'Portable emission source'. [A stationary source with operations that are portable in nature and that will be moved from one location to another without a deterioration in the effectiveness of any air pollution control equipment.] An emission source that can be carried or moved from one location (i.e., any single site at a building, structure, facility, or installation) to another. Indicators of portability include, but are not limited to, wheels, skids, carrying handles, dolly or trailer.

(25) 'Proposed permit'. The version of a permit that the department proposes to issue and forwards to the administrator for review.

(26) 'Renewal'. The reissuance, recertification or extension of any permit for previously approved activities which will be continued on the same site without material change.

(27) 'Research and development activities'. The primary purpose of such activities is to conduct research and development into processes and products, where such activities are conducted under the close supervision of technically trained personnel. Research and development activities [shall] do not include activities whose primary purpose is to produce commercial quantities of materials.

(28) 'Responsible official'. A president, vice-president, secretary, treasurer, general partner, proprietor, principal executive officer, ranking elected official, or any other person who performs policy or decision making functions and is authorized to legally bind a corporation, partnership, sole proprietorship, or government entity which operates a facility that is subject to the provisions of this Part. Whenever the term responsible official is used in this Part or in any other regulations implementing title V of the Act, it shall be deemed to refer to the "designated representative" with regard to all matters under title IV of the Act.

(29) 'Temporary [operation] emission source'. [An emission unit that will be built and operated for less than 30 days per calendar year.]

(a) An emission source that is transient in nature and will be operated at a facility for a single period of less than 90 consecutive days commencing from the first day of operation; or

(b) An emission source that will be constructed and operated for less than 30 days per calendar year.

(30) 'Title V facility permit'. Permit for a facility or a defined area source, group, or category of emission units at a facility that is issued by the department pursuant to Subpart 201-6 of this Part.

(31) 'Title V facility permit modification'. A revision to a title V facility permit that meets the requirements of Section [201-6.7] 201-6.6(c) and (d) of this Part and Part 621 of this Title.

(32) 'Title V facility permit revision'. Any modification or administrative amendment to a title V facility permit as defined in Subpart 201-6 of this Part.

SUBPART 201-3 [EXEMPTIONS] PERMIT EXEMPT AND TRIVIAL ACTIVITIES

Section 201-3.1 Applicability.

(a) [State regulated sources exempt from permit. An owner and/or operator of any of the exempt or trivial activities listed] Except as provided in Subdivision (c) of this Section, the owner or operator of an emission source listed as an exempt or trivial activity in this Subpart is exempt from the registration and permitting provisions of Subparts [201-4 and 201-5] 201-4, 201-5, and 201-6 of this Part. [respectively, but not from other Parts of this Title.] This does not mean that these activities are exempted from other applicable requirements or from applicable registration and/or permitting requirements of local air pollution control agencies.

[(b) Exempt and trivial activities at title V sources. Owners and/or operators of stationary sources subject to Subpart 201-6 of this Part may consider the activities listed under Section 201-3.2 of this Subpart to be exempt activities unless such activities are subject to an applicable requirement. Exempt activities must be listed in the title V permit application but are exempt from the provisions of this Part. Trivial activities listed under Section 201-3.3 of this Subpart are exempt from the provisions of this Part and do not have to be listed in the title V permit application. Exempt and trivial activities may be subject to other Parts of this Title. Trivial activities that are subject to an applicable requirement are not exempt from this Part.

(c) Prohibition on exempting sources subject to title V and new source review. Except as provided under such air program requirements, no source owner and/or operator may omit emissions from exempt or trivial activities from emission calculations to determine if a stationary source is subject to:

(1) title V facility permitting; and/or

(2) new source review pursuant to Part 231 of this Title; and/or

(3) prevention of significant deterioration as incorporated by reference in Part 200 of this Title.

(d) Currently permitted emission units. Owners and/or operators of emission sources or units operating pursuant to valid certificates to operate that are eligible for exemption pursuant to this Subpart will be exempted as of the effective date of this Part.

(e) Permits for previously exempted emission units. The owner and/or operator of a source or unit that was exempt under a repealed version of this Part but that is no longer exempt must submit an application for a permit, or register within 12 months of the promulgation of this Part, or in accordance with specific deadlines which may be established in other regulations under this Title for previously exempted sources.]

(b) Unless otherwise provided for in this Chapter, emissions from exempt and trivial activities must be included in potential to emit calculations when determining whether an emission source is subject to:

(1) Title V facility permitting pursuant to Subpart 201-6 of this Part; and/or

(2) New source review pursuant to Part 231 of this Title.

(c) If the total potential to emit for all exempt and trivial activities at a facility exceeds, or causes the facility to exceed, the major facility threshold, as defined in Subpart 201-2 of this Part, the facility is both subject to the provisions of Subpart 201-6 of this Part and no longer considered exempt or trivial for permitting purposes.

(d) If physical and/or operational restrictions are required to maintain the total potential to emit for one or more of the listed exempt and trivial activities below the title V applicability thresholds described in Subpart 201-6 of this Part, or new source review requirements described in Part 231 of this Title, the activity is no longer considered exempt or trivial for permitting purposes.

Section 201-3.2 Exempt activities.

(a) [Proof of eligibility. (1)] The owner [and/or] or operator of an emission source [or unit] or activity that is [eligible to be exempt] listed as being exempt may be required to certify that it [operates] is operated within the specific criteria described in this Subpart. The owner or operator of any such emission source or activity must maintain all [required] records necessary for demonstrating compliance with this Subpart 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 which contains emission sources or units subject to 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.]

(b) [Maintenance of control equipment.] The owner [and/or] or operator of any emission source or [unit] activity that is [eligible to be exempt] listed as being exempt on the basis of the use of appropriate emission [control] controls [devices] shall operate and maintain [such devices] those controls in a manner consistent with manufacturer's specifications and good engineering practices. Failure to do so constitutes a violation of this Part.

(c) The category headings used in the following listing of [exemptions] exempt activities are strictly for organizational purposes and are not intended to be definitive. The following activities are exempt from permitting requirements at non-title V facilities, but must be [included] listed in title V facility permit applications:

Combustion

(1) Stationary or portable combustion installations with: [where the furnace has a maximum rated heat input capacity less than 10 million Btu/hr burning fossil fuels, other than coal, and coal and wood fired stationary combustion units with a maximum heat input less than one million Btu/hr. This exemption includes unit space heaters, which burn waste oil as defined in 6 NYCRR Subpart 225-2 and generated on-site, alone or in conjunction with used oil generated by a do-it-yourself oil changer as defined in 6 NYCRR Subpart 374-2.]

(i) a maximum rated heat input capacity less than 10 million Btu/hr burning fuels other than coal or wood; or

(ii) a maximum rated heat input capacity of less than one million Btu/hr burning coal or wood.

This activity does not include combustion equipment burning any material classified as a solid waste, as defined in Part 360 of this Title, or waste oil, as defined in Subpart 225-2 of this Title.

(2) [Stationary or portable combustion installations where the furnace has a maximum rated heat input capacity less than 10 million Btu/hr burning fossil fuels other than coal.] Space heaters burning waste oil at automotive service facilities, as defined in Subpart 225-2 of this Title, generated on-site or at a facility under common control, alone or in conjunction with used oil generated by a do-it-yourself oil changer as defined in Subpart 374-2 of this Title.

(3) Stationary or portable internal combustion engines which meet the following criteria:

(i) are [diesel, or natural gas] liquid or gaseous fuel powered, and located within [any severe ozone nonattainment area,] the New York City metropolitan area or the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, or Woodbury, and have maximum mechanical power rating of less than 200 brake horsepower; or

(ii) are [diesel, or natural gas] liquid or gaseous fuel powered, and located outside of [any severe ozone nonattainment areas,] the New York City metropolitan area or the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, or Woodbury, and have maximum mechanical power rating of less than 400 brake horsepower; or

(iii) are gasoline powered and have a maximum mechanical power rating of less than 50 brake horsepower.

(4) [Stationary or portable internal combustion engines which are temporarily located at a facility for a period not to exceed 30 days per calendar year, where the total combined maximum mechanical power rating for all affected units is less than 1,000 brake horsepower.] Reserved.

(5) Gas turbines with a heat input at peak load less than 10 million Btu per hour.

(6) Emergency power generating stationary internal combustion engines, as defined in [section] Subdivision 200.1(cq) of this [Title] Chapter, and engine test cells at engine manufacturing facilities that are utilized for research and development, reliability performance testing, or quality assurance performance testing. Stationary internal combustion engines used for peak shaving and/or demand response programs are not exempt.

Combustion-Related

(7) Non-contact water cooling towers and water treatment systems for process cooling water and other water containers designed to cool, store or otherwise handle water that has not been in direct contact with gaseous or liquid process streams.

Agricultural

(8) Feed and grain milling, cleaning, conveying, drying and storage operations including grain storage silos, where such silos exhaust to an appropriate emission control device, excluding grain terminal elevators with permanent storage capacities over 2.5 million U.S. bushels, and grain storage elevators with capacities above one million bushels.

(9) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment.

Commercial - Food Service Industries

(10) Flour silos at bakeries, provided all such silos are exhausted through an appropriate emission control device.

(11) Emissions from flavorings added to a food product where such flavors are manually added to the product.

Commercial - Graphic Arts

(12) Screen printing inks/coatings or adhesives which are applied by a hand-held squeegee. A 'hand-held squeegee' is one that is not propelled through the use of mechanical conveyance and is not an integral part of the screen printing process.

(13) Graphic arts processes at facilities located outside [a severe ozone nonattainment area] the New York City metropolitan area or the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, or Woodbury whose facility-wide total emissions of volatile organic compounds from inks, coatings, adhesives, fountain solutions and cleaning solutions are less than three tons per year on a 12-month rolling basis.

(14) Graphic label and/or box labeling operations where the inks are applied by stamping or rolling.

(15) Graphic arts processes which are specifically exempted from regulation under Part 234 of this Title, with respect to emissions of volatile organic compounds which are not given an A rating as described in Part 212 of this Chapter.

Commercial - Other

(16) Gasoline dispensing sites [with an annual throughput less than 120,000 gallons located outside any severe ozone nonattainment areas] registered with the department pursuant to Part 612 of this Chapter.

(17) Surface coating and related [operations] activities at facilities which use less than 25 gallons per month of total coating materials. [(paints) and cleaning solvents, combined, subject to the following:] Coating materials include all paints and paint components, other materials mixed with paints prior to application, and cleaning solvents, combined, subject to the following:

(i) the facility is located outside of [any severe ozone nonattainment area] the New York City metropolitan area or the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, or Woodbury; and

(ii) all abrasive cleaning and surface coating operations are performed in an enclosed building where such operations are exhausted into appropriate emission control devices.

(18) Abrasive cleaning operations which exhaust to an appropriate emission control device.

(19) Ultraviolet curing operations.

Municipal/Public Health Related

(20) [Ventilating] Landfill gas ventilating systems [for landfill gases,] at landfills with design capacities less than 2.5 million megagrams (3.3 million tons) and 2.5 million cubic meters (2.75 million cubic yards), where the systems are vented directly to the atmosphere, and the ventilating system has been required by, and is operating under, the conditions of a valid Part 360 permit, or order on consent.

Storage Vessels

(21) Distillate fuel oil, [and] residual fuel oil, and liquid asphalt storage tanks with storage capacities below 300,000 barrels.

(22) Pressurized fixed roof tanks which are capable of maintaining a working pressure at all times to prevent emissions of volatile organic compound to the outdoor atmosphere.

(23) External floating roof tanks which are of welded construction and are equipped with a metallic-type shoe primary seal and a secondary seal from the top of the shoe seal to the tank wall.

(24) External floating roof tanks which are used for the storage of a petroleum or volatile organic liquid with a true vapor pressure less than 4.0 psi (27.6 kPa), are of welded construction and are equipped with one of the following:

(i) a metallic-type shoe seal;

(ii) a liquid-mounted foam seal;

(iii) a liquid-mounted liquid-filled type seal; or

(iv) equivalent control equipment or device;

(25) Storage tanks, including petroleum liquid storage tanks as defined in Part 229 of this Title, with capacities under 10,000 gallons, except those subject to either Part 229 or Part 233 of this Title.

(26) Horizontal petroleum or volatile organic liquid storage tanks.

(27) Storage silos storing solid materials, provided all such silos are exhausted through an appropriate emission control device. This exemption does not include raw material, clinker or finished product storage silos at Portland cement plants.

Industrial

(28) Processing equipment at existing sand and gravel and stone crushing plants which were installed or constructed before August 31, 1983, where water is used [other than for dust suppression,] for operations such as wet conveying, separating and washing. This exemption does not include processing equipment at existing sand and gravel and stone crushing plants where water is used for dust suppression.

(29) [all processing equipment at sand and gravel mines or quarries that] Any sand and gravel processing or crushed stone processing line at a non-metallic mineral processing facility that:

(i) [are] is a permanent or fixed [installations] installation with a maximum rated processing capacity of 25 tons of minerals per hour or less; [or]

(ii) [are mobile (portable) installations] is a portable emission source with a maximum rated processing capacity of 150 tons of minerals per hour or less[.]; or

(iii) is used exclusively to screen minerals at a facility where no crushing or grinding takes place.

(30) [Mobile (portable) stone crushers with maximum rated capacities below 150 tons of minerals per hour which are located at non-metallic mineral processing operations.] Reserved.

(31) Surface coating operations which are specifically exempted from regulation under Part 228 of this Title, with respect to emissions of volatile organic compounds which are not given an A rating pursuant to Part 212 of this Chapter.

(32) Pharmaceutical tablet branding operations.

(33) Thermal packaging operations, including but not limited to, therimage labeling, blister packing, shrink wrapping, shrink banding, and carton gluing.

(34) Powder coating operations.

(35) All tumblers used for the cleaning and/or deburring of metal products without abrasive blasting.

(36) Presses used exclusively for molding or extruding plastics except where halogenated carbon compounds or hydrocarbon solvents are used as foaming agents.

(37) Concrete batch plants where the cement weigh hopper and all bulk storage silos are exhausted through fabric filters, and the batch drop point is controlled by a shroud or other emission control device.

(38) Cement storage operations not located at Portland cement plants where materials are transported by screw or bucket conveyors.

(39) Solvent metal cleaning processes:

(i) Cold cleaning degreasers with an open surface area of 11 square feet or less and an internal volume of 93 gallons or less or, having an organic solvent loss of three gallons per day or less.

(ii) Cold cleaning degreasers that use a solvent with a VOC content of five percent or less by weight, unless subject to the requirements in 40 CFR 63, subpart T.

(iii) Conveyorized degreasers with an air/vapor interface smaller than 22 square feet (2.0 m2 ), unless subject to the requirements in 40 CFR 63, subpart T.

(iv) Open-top vapor degreasers with an open-top area smaller than 11 square feet (1.0 m2), unless subject to the requirements in 40 CFR 63, subpart T.

Miscellaneous

(40) Ventilating and exhaust systems for laboratory operations. Laboratory operations do not include processes having a primary purpose to produce commercial quantities of materials.

(41) Exhaust or ventilating systems for the melting of gold, silver, platinum and other precious metals.

(42) Exhaust systems for paint mixing, transfer, filling or sampling and/or paint storage rooms or cabinets, provided the paints stored within these locations are stored in closed containers when not in use.

(43) Exhaust systems for solvent transfer, filling or sampling, and/or solvent storage rooms provided the solvent stored within these locations are stored in closed containers when not in use.

(44) Research and development activities, including both stand-alone and activities within a major [stationary source] facility, until such time as the administrator completes a rule making to determine how the permitting program should be structured for these activities.

(45) The application of odor counteractants and/or neutralizers.

(46) Hydrogen fuel cells.

(47) Dry cleaning equipment that uses only water-based cleaning processes or those using liquid carbon dioxide.

(48) Manure spreading, handling and storage at farms and agricultural facilities.

Section 201-3.3 Trivial activities.

(a) [Proof of eligibility.] The owner [and/or] or operator of an emission source or [unit] activity that is listed as being trivial in this [Part] Section may be required to certify that it [operates] is operated within the specific criteria described in this Subpart. The owner or operator of any such emission source or activity 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 which contains emission sources or units subject to 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.]

(b) [Maintenance of control equipment.] The owner [and/or] or operator of any emission source or [unit] activity that is listed as being trivial in this [Part] Section, on the basis of the use of appropriate emission [control] controls [devices], shall operate and maintain [such devices] those controls in a manner consistent with manufacturer's specifications and good engineering practices. Failure to do so constitutes a violation of this Part.

(c) The category headings used in the following listing of trivial activities are strictly for organizational purposes and are not intended to be definitive. The following activities are trivial and are exempt from permitting requirements and do not need to be [included] listed in the title V facility permit application:

Combustion

(1) Boiler water treatment operations.

Domestic / Work Station Comfort and Related

(2) Any emission source or process constructed or operated at a domestic residence strictly for domestic use.

(3) Vacuum cleaning systems used exclusively for office type areas at industrial facilities, or commercial or residential housekeeping.

(4) Ventilating systems used exclusively for temperature and humidity control of buildings for the comfort of people living or working within the building except those systems which [have] are subject to applicable requirements under Title VI of the Act.

(5) Exhaust systems for the storage of portable containers, drums, and bags of chemicals in rooms, buildings and warehouses, subject to the following:

(i) the rooms, buildings and warehouses subject to this exemption are solely for the purpose of chemical storage, and no mixing, transfer or filling operations with the exception of sampling for quality assurance/quality control purposes, take place within such areas; and

(ii) the chemicals stored in such areas are maintained in sealed containers.

(6) Smoking rooms and areas.

(7) Bathroom/toilet vents.

(8) Beauty salons and barber shops.

(9) Laundry dryers, extractors, or tumblers used to clean fabrics with water solutions of bleach and detergents, where the emissions of such operations are controlled by appropriate emission control devices.

Mobile Sources and Mobile Source Related

(10) Engine exhaust emissions and/or refueling emissions generated from mobile and portable powered vehicles and equipment used for the propulsion or operation of passengers and/or freight transportation vehicles, marine vehicles and equipment, construction and [off-road] vehicles and equipment powered by non-road engines, farm vehicles and equipment, competition and entertainment vehicles and equipment, and/or any other type of mobile or portable engine powered vehicles or equipment when these vehicles or equipment are operated anywhere outside of an enclosed facility for the purpose of their design and intended use or for compliance assessment with any safety or emission control or inspection programs sanctioned by New York State, the Federal government or any governmental entity empowered to carry out such activities.

(11) Engine exhaust emissions and/or refueling emissions generated from mobile and portable powered vehicles and equipment such as competition and entertainment vehicles and equipment, farm vehicles and equipment, construction and [off-road] vehicles and equipment powered by non-road engines, automobiles, motorcycles, trucks, buses, marine vehicles and equipment, small engine powered tools and equipment, or any other type of mobile or portable engine powered vehicles or equipment which are collected and/or vented in any manner [through any opening in a facility] to the outdoor atmosphere when these vehicles and equipment are operated [in the facility] inside of an enclosed structure or under a covered structure for the purposes of their design and intended use, public safety, comfort or entertainment, facility maintenance, vehicle or equipment repair, adjustment or testing, or compliance assessment with any safety or emission control or inspection programs sanctioned by New York State, the Federal government, or any governmental entity empowered to carry out such activities.

(12) The use of products such as antifreeze and fuel additives for the purpose of maintaining motor vehicles.

(13) Fugitive emissions related to movement of passenger vehicles, provided the emissions are not counted for applicability purposes and any required fugitive dust control plan or its equivalent is submitted.

Agricultural

(14) Ventilating systems used in buildings to house animals.

Commercial - Food Service Industries

(15) Emissions from process, exhaust or ventilating systems in bakeries and restaurants which derive over 50 percent of their revenues from retail sales on premises.

(16) Non-conveyorized bakery ovens, [(this includes] including batch ovens, which are defined as a non-conveyor belt oven operating a single baking cycle in which a determinate amount of product is cooked at one baking[)].

(17) Bakery ovens used exclusively to produce baked goods leavened chemically in the absence of yeast.

(18) Process or exhaust or ventilating systems involved in the preparation of food, food blanching, or cooking in water.

(19) Process, exhaust or ventilating systems or stationary combustion installations exclusively involved in the production of maple syrup.

Commercial - Graphic Arts

(20) Lead melting pots used in printing establishments.

(21) Blueprint machines.

(22) Photocopying, photographic processing or related equipment.

(23) Proof press operations.

(24) Heat sealing operations which are used to seal and separate polyethylene and polypropylene bags.

Commercial - Other

(25) Batch process kilns used for firing ceramic ware, subject to the following:

(i) the exhaust stream does not contain emissions of fluorides, lead, and/or beryllium; and

(ii) the total heat input is less than one million Btu/hr.

Municipal/Public Health Related

(26) Equipment used exclusively to generate ozone for water treatment processes.

(27) Air stripping processes utilized on public drinking water supplies.

(28) Air strippers and soil vents used to remediate gasoline spills, where the air stripper or soil vent is located at a State-funded site, or required under the provisions of an order on consent or stipulation agreement, and the operation of the air strippers or soil vents are conducted under the supervision of the department and are properly controlled as required by the department.

(29) Air strippers and soil vents [required under the provisions of an order on consent or stipulation agreement, or in operation at a superfund site.] that are:

(i) required by the provisions of an order on consent; or

(ii) operated under an agreement with, and under the supervision of, the department; or

(iii) operated at a Superfund site.

(30) Air strippers and soil vents operating for test purposes to qualify and quantify air emissions for remediation projects and for a time period acceptable to the [regional air pollution control engineer] department.

(31) Emissions from the storage and application of road salt (calcium chloride or sodium chloride).

(32) All process emission sources which are located at private, public, or vocational education institutions, where the emissions are primarily the result of teaching and training exercises, and the institution is not engaged in the manufacture of products for commercial sale [in commerce, except in a 'de minimis' manner].

(33) Emergency relief vents, stacks and ventilating systems except any with the potential to emit vinyl chloride located at a facility where ethylene dichloride, vinyl chloride and/or polyvinyl chloride are produced. This activity does not include bypass stacks or vents on incinerators or any other equipment, or any other vents or stacks that operate or release air contaminants to the outdoor atmosphere on a frequent or regular basis.

(34) Snow plowing, street sweeping, sanding and ashing of streets and roads to abate traffic hazards.

(35) Emergency road flares.

(36) Road and lot paving and striping operations.

(37) Public or private roadways, parking lots.

(38) Manhole covers.

(39) Sewers.

(40) Storm drains and vents.

(41) Solid waste handling equipment, including but not limited to: dumpsters, [including, handling equipment], transfer stations, wood chippers, recycling operations, composting operations, tub grinders, construction and demolition waste crushers and associated activities. This activity does not include solid waste incinerators and other thermal treatment technologies.

(42) Excavation for the repair of underground utility lines such as water, electric, or natural gas.

(43) Asbestos demolition and removal work subject to 40 CFR part 61, subpart M and/or 12 NYCRR Part 56.

Storage Vessels

(44) Storage vessels, tanks and containers with a capacity of less than 750 gallons.

Maintenance and Construction Related Activities

(45) The following activities are considered trivial when they occur strictly for maintenance or construction activities: plastic pipe welding, soldering, brazing, cutting torches, janitorial activities, steam cleaning, water washing, acid and caustic washing activities, miscellaneous use of solvents, adhesives and caulking, miscellaneous sandblasting, non-asbestos insulation removal, application of refractory and insulation, the periodic use of air for clean-up, and, the process of demolition and rebricking boilers, smelters, furnaces and kilns (this does not include the subsequent operation of such equipment), the surface coating of equipment and buildings as is related to maintenance and construction, and activities which occur for maintenance of grounds such as lawn care, weed control and pest control.

(46) Excavation for new construction.

Industrial

(47) Degreasing units which exclusively use non-hazardous air pollutant acids.

(48) Degreasing units which exclusively use caustics (e.g., potassium hydroxide and sodium hydroxide).

(49) Remote reservoir parts cleaners whose use of solvent is contained to the immediate cleaning of the part, after which time the solvent is drained through a drain opening, not to exceed 16 square inches, and is returned to a remote reservoir containing the solvent.

(50) [Cold cleaning degreasers that use a solvent with a VOC content of five percent or less by weight.] Reserved.

(51) Cold cleaning degreasers with an internal volume less than or equal to two gallons.

(52) Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, sand blasting or turning ceramic art work, ceramic precision parts, leather, metal parts, plastics[.], fiberboard, fiberglass, masonry, carbon, glass, graphite, wood or rubber.

(53) Manual surface coating/painting processes which exclusively use brushes, rollers, hand held spray guns with a capacity less than three ounces, or aerosol cans.

(54) Hand-held or manually operated welding, brazing and soldering equipment.

(55) Acetylene, butane, and propane torches.

(56) Equipment used for hydraulic or hydrostatic testing.

(57) Equipment lubricating systems, including metal cutting coolants and oils.

(58) Pneumatic starters used to start reciprocating engines, turbines, and other equipment.

(59) Instrument air systems, excluding fuel-fired compressors.

(60) Air vents from air compressors and pneumatically operated equipment emitting ambient air.

(61) Drum washing operations, where such operations are necessary to meet Resource Conservation and Recovery Act (RCRA) standards.

(62) Vacuum producing devices where only ambient air and the oil emissions from the vacuum producing mechanism itself are exhausted.

(63) Woodworking operations where no surface coating takes place provided such operations exhaust to a sawdust collection system controlled by an appropriate emission control device.

(64) Sawmills, provided all processes are located at least 500 feet from any recreational area, school, or private residence and all residues from debarking, planing, sawing, etc., are contained in such a manner as to minimize fugitive emissions.

(65) Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized.

(66) Drop hammers or hydraulic presses for forging or metalworking.

(67) Transportable chemical containers including rail cars, portable tanks, totes and trailers.

Miscellaneous

(68) Open fires as described in Part 215 of this Title.

(69) Fire training activities as described in Part 215 of this Title.

(70) Fire suppression systems.

(71) Fecal incinerators with a charging rate not exceeding 10 pounds per hour, such as those used on certain vehicles or other special cases.

(72) Paint mixing operations located at retail paint, hardware or department stores where the paint is sold in five gallon or smaller containers.

(73) Rifle and pistol ranges.

(74) Aircraft de-icing operations.

(75) Contaminant detectors, sampling devices and recorders.

(76) Emissions from natural gas odoring activities.

(77) Battery charging areas except those located at battery manufacturing plants.

(78) Incubators.

(79) The venting of compressed natural gas, butane or propane gas cylinders.

(80) Coal car thaw-pit burners.

(81) [Consumer use] Use of office equipment and products[, not including printers or businesses primarily involved in photographic reproductions] including, but not limited to, desktop printers, fax machines, scanners and photocopiers used as printers, but not including graphic arts processes as defined in Part 234 of this Chapter.

(82) Consumer use of paper trimmers/binders.

(83) Blacksmith forges.

(84) Carbon dioxide lasers, used only on metals and other materials which do not emit hazardous air pollutants in the process.

(85) Laser trimmers using appropriate emission control devices.

(86) Environmental chambers not using hazardous air pollutant gases.

(87) Shock chambers.

(88) Humidity chambers.

(89) Solar simulators.

(90) Process water filtration systems and demineralizers.

(91) Demineralized water tanks and demineralizer vents.

(92) Steam leaks.

(93) Steam vents.

(94) Emissions of [the following pollutants:] water vapor, oxygen, [carbon dioxide,] nitrogen, inert gases such as argon, helium, neon, krypton and xenon, hydrogen, [simple asphyxiants including methane and propane] ethane, and trace constituents included in raw materials [or byproducts,] where the constituents are less than one percent by weight for any regulated air pollutant, or 0.1 percent by weight for any carcinogen listed by the United States Department of Health and Human Services' [Seventh] Twelfth Annual Report on Carcinogens [(1994)] (2011) (see Table 1, Section 200.9 of this Title).

(95) Emissions of carbon dioxide and methane, except where specifically regulated by a federal or state law or regulation.

(96) Solvent cleaning of parts and equipment performed exclusively by hand wiping or hand cleaning.

SUBPART 201-4 MINOR FACILITY REGISTRATION

Section 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] Owners [and/or] or operators of [stationary] facilities with emission sources [which] that are not considered to be exempt or trivial pursuant to Subpart 201-3 of this Part ["Exemptions and Trivial Activities"] and [do] not otherwise [require] required to obtain a permit [under] pursuant to Subparts 201-5 ["State Facility Permits"] or 201-6 ["Title V Permits," which meet the following criteria] of this Part are required to register with the department[,] as specified in this [section:] Subpart. Such facilities include, but are not limited to:

[(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 Subpart 201-6 of this Part 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)] (1) any [stationary source] facility which has annual actual emissions of [any] regulated air [contaminant that] contaminants, each of which do not exceed the appropriate threshold in [Section 201- 7.3(e)] Subdivision 201-4.5(a) of this [Part] 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) 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.]

(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.

Section 201-4.2 [Authorization procedures] General requirements.

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

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

(c) Registrations shall authorize both construction and operation of [one or more] the listed emission [units for a] 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 [and/or] or operator may not [undertake the activity] commence construction until a registration certificate is received from the department. The department will notify the [owner/operator on the acceptability of] 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 Chapter, 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.

[(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.]

[Section 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 timeframes 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.]

Section [201-4.4 Applications] 201-4.3 Application Content.

(a) [Application content.] 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, [the forms must require] registration applications must include the following:

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

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

(3) a [facility] 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) [which correspond] that corresponds to the primary operations carried out at the facility;

(5) a list of [hazardous air] all regulated air pollutants and persistent, bioaccumulative and toxic compounds, as listed in Subpart 201-9 of this part, emitted [at] 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;

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

[(7)] (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.

Section [201-4.5] 201-4.4 Notification of changes.

(a) Owners [and/or] or operators of registered facilities must [notify] provide the department with an updated registration application at 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.

Section 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.

SUBPART 201-5 STATE FACILITY PERMITS

Section 201-5.1 Applicability.

(a) [Applicability. Owners and/or] Except when required to obtain a Title V facility permit pursuant to Subpart 201-6 of this Part, owners or operators of [stationary sources] facilities with emission sources that are not [exempt] considered to be exempt or trivial pursuant to Subpart 201-3 ["Exemptions and Trivial Activities"] of this Part, [are not eligible to] or that cannot register pursuant to Subpart 201-4 ["Minor Source Registration"] of this Part, [and are not required to obtain a title V permit pursuant to Subpart 201-6 "Title V Permits" of this Part] are subject to the requirements of this Subpart if:[. Such sources include, but are not limited to the following:]

(1) [stationary sources requiring an emission cap established in a permit] The facility's potential to emit is being capped pursuant to Section [201-7.2] 201-7.1 of this Part to avoid the requirement to obtain a title V permit or other applicable requirement;

(2) [stationary sources] The facility is subject to any department approved variance from the requirements of this [Title] Chapter;

[(3) new facilities constructed after the effective date of this Part that are in industrial categories to which a New Source Performance Standard (NSPS) applies with a potential to emit that is below major stationary source thresholds including those that have been deferred from the requirement to obtain a title V permit in Section 201-6.1(c) of this Part;

(4) new facilities constructed after the effective date of this Part which emit any contaminant listed as a hazardous air pollutant under section 112 of the act (see Part 200 of this Title), excluding facilities subject to VOC RACT requirements under Parts 226, 228, 229, 230, 233 and 234 of this Title. Such facilities must have a potential to emit that is below major stationary source thresholds, including those that have been deferred from the requirement to obtain a title V facility permit pursuant to Section 201-6.1(c) of this Part.]

(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 Subdivision 201-4.5(a) of this Part.

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

[(c) Transition provisions for existing permitted facilities.

(1) On the effective date of this Subpart all valid certificates to operate issued by the department for existing emission sources shall remain in effect indefinitely.

(2) On the effective date of this Subpart a stationary source subject to this Subpart is no longer required to obtain a separate permit to construct and certificate to operate for any new or modified emission unit.

(3) On the effective date of this Subpart, the addition or modification of emission units and permit modifications will be subject to the provisions of Section 201-5.4 of this Subpart.

(4) Existing facilities possessing individual certificates to operate for numerous air contamination sources may be required to submit a proposed schedule for the consolidation of these certificates into a single facility permit. Such a schedule must be submitted for department approval within 60 days of the date that the first permit modification or permit for a new emission unit is issued to a facility, after the effective date of this Subpart. The schedule shall include a workplan and reasonably anticipated timeframes for preparing and submitting a State facility permit application.

(5) All new permits, including modifications, issued on or after 90 days from the effective date of this Subpart must contain all relevant construction or operation requirements within a single permit. Where an application for a permit to construct was submitted and complete before the effective date of this regulation the department may proceed to issue the construction approval independent of operational requirements.

(6) 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. Applications for operating approval submitted beyond six months of the effective date of this Subpart shall be made using any new permit 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.

(7) Sources requiring State facility permits pursuant to Subdivision (a)(3) and (4) of this Section will remain subject to the requirements of this Subpart until they are required to obtain a title V permit.]

Section 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) [In order to be complete, the] State facility permit [application] applications must include the following information [at a minimum]:

(1) identifying information, including owner [and/or operator] name and address, [plant] 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 description of the emission units' processes and products;]

[(4)] (3) a list and description of all emission [units] sources at the facility except those that are listed as exempt or trivial [pursuant to] 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;

[(5) a list of all regulated air pollutants emitted from the facility;]

[(6)] (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.

Section 201-5.3 Permit content and terms of issuance.

(a) [Permit term. The department may issue new] New and modified State facility permits [an indefinite period of time] 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.

[(b)] (c) [Permit conditions.] Permits may contain such conditions as the department shall require to ensure compliance with the provisions of this Title, [. The department may also impose such conditions as are necessary] to identify applicable Federal standards, recordkeeping and reporting requirements and [to establish permit terms and conditions that will] ensure that operation of the facility will not prevent attainment or maintenance of one or more national ambient air quality standards.

[(c) Revocation and denial of permit. Any person who owns and/or operates stationary sources shall operate and maintain all emission units and any required emission control devices in compliance with all applicable Parts of this Title and existing laws. Failure of such person to properly operate and maintain the effectiveness of such emission units and emission control devices may be sufficient reason for the department to revoke or deny a permit.

(d) Suspension, reopening, reissuance, modification or revocation. The department may suspend, reopen, reissue, modify or revoke a permit in accordance with the procedures and provisions of Part 621 of this Title.]

Existing Section 201-5.4 is deleted. A new Section 201-5.4 is added as follows:

Section 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) below, 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) below may not require modification 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.

SUBPART 201-6 TITLE V FACILITY PERMITS

Section 201-6.1 Applicability.

(a) [Requirement for a title V facility permit.] Except as otherwise set forth herein, no person shall operate any of the following [stationary sources] facilities without first obtaining a title V permit.

(1) Any major [stationary source (] facility, as defined under Subpart 201-2 of this Part[)].

(2) Any [stationary source] facility specifically required to obtain a title V permit by being subject to a standard, [or] limitation, or other requirement under the Federal New Source Performance Standards (NSPS) in 40 CFR part 60, 'et seq'.

(3) Any [stationary source] facility, including an area source, subject to a standard or other requirement regulating hazardous air pollutants under [section 112 of the act] federal National Emission Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR parts 61 and 63 that is specifically required to obtain a title V permit by the administrator or the Act.[, except that a source] A facility is not required to obtain a title V permit solely because it is subject to regulations or requirements promulgated for the control of accidental releases of substances regulated under section 112(r) of the Act.

(4) Any affected source as defined in Subpart 201-2 of this Part.

(5) Any [stationary source] facility in a category designated by the administrator and added by the department pursuant to [rule making] rulemaking.

[(b) Preconstruction permits for stationary sources. No person shall construct any new stationary source which will be required to obtain a title V facility permit as described in Subdivision (a) of this Section before obtaining a permit from the department. Such permits shall authorize both construction and operation in accordance with all applicable State and Federal requirements.

(1) The department may allow operation to continue indefinitely under the terms and conditions of preconstruction permits without requiring a permit extension or renewal provided the permittee files a timely and complete application for a title V facility permit in accordance with Section 201-6.3 of this Subpart.

(2) Applicants may elect to apply for issuance of a title V facility permit prior to construction of a new stationary source in combination with the preconstruction permit requirements under this Paragraph.

(3) Applications for preconstruction permits for major stationary sources must include the information required under Section 201-6.3 of the Subpart and any additional information required by the department to demonstrate that the emission source will comply with all applicable State and Federal regulations under this Title.

(4) Applications for preconstruction permits for non-major stationary sources will be subject to State facility permitting requirements under Subpart 201-5 of this Title.]

[(c)] (b) [Stationary source categories exempted or deferred from permitting.] The following [stationary sources] facilities are deferred or exempt from the requirement to obtain a title V facility permit under this Section but may be subject to the requirements of Subparts 201-4 or 201-5 of this Part.

(1) [Except as set forth in Paragraph (2) of this Subdivision, any stationary sources] Facilities that are not major [stationary sources] facilities, affected sources, [or municipal] solid waste incineration units required to obtain a permit pursuant to [the New Source Performance Standards for municipal solid waste incineration units] Section 129 of the Act, [will be exempted from the requirement to obtain a title V facility permit under this Section, until such time as the administrator completes a rule making to determine how the program should be structured for non-major stationary sources and the appropriateness of any permanent exemptions. Such stationary sources shall include those] and facilities subject to a Federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants promulgated prior to July 21, 1992 are exempted from the requirement to obtain a title V facility permit under this Section.

(2) [(i) In the case of] The administrator will determine whether to exempt or defer any or all non-major [stationary sources] facilities subject to a Federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants promulgated after July 21, 1992[, the administrator will determine whether to exempt or defer any or all such stationary sources] from the requirement to obtain a title V facility permit at the time a new standard is promulgated. [Stationary sources in these categories] Facilities that qualify for permit deferrals shall not be required to apply for a title V facility permit until the administrator promulgates standards specifying a due date for applications and these standards are adopted by the department pursuant to [rule making] rulemaking.

[(ii) The administrator has amended certain Federal National Emission Standards for Hazardous Air Pollutants to allow states to defer non-major sources subject to those standards from title V permitting. The department is deferring the title V permitting requirements for the non-major sources subject to those standards as listed in Appendix A (Section 201-6.8 of this Subpart ) of this Subpart.

(iii) Non-major sources subject to the standards listed in Appendix A (Section 201-6.8 of this Subpart) are deferred from title V permitting requirements until December 9, 2004. The owner or operators of such sources must submit title V applications before December 9, 2005.]

(3) The following [source] facility categories are exempt from the obligation to obtain a title V facility permit under this Section:

(i) all [emission sources and source categories] facilities that would be required to obtain a permit solely because they are subject to 40 CFR part 60, subpart AAA - Standards of Performance for New Residential Wood Heaters;

(ii) all facilities that would be required to obtain a title V facility permit solely because they are subject to a standard listed in Subpart 201-6.7 of this Part;

[(ii)] (iii) all [emission sources and source categories] facilities that would be required to obtain a permit under this Section solely because they are subject to 40 CFR part 61, subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, section 61.145, Standards for Demolition and Renovation; and

[(iii)] (iv) [stationary sources] facilities that have accepted federally enforceable emission caps pursuant to [Subpart 201-7] Subparts 201-4 or 201-7 of this Part that restrict a facility's emissions to a level that is below the applicability threshold for having to obtain a title V facility permit.

[(d)] (c) [Option to apply for a title V facility permit.] Any [stationary source] facility not required to obtain a permit pursuant to Subdivision (a) of this Section may opt to apply for a title V facility permit.

[(e)] (d) [Single permit.] A single title V facility permit will be issued for a facility with multiple [stationary] emission sources, except upon [the] request from an owner [and/or] or operator for more than [a single] one permit. In no case shall the determination of whether a facility is subject to the requirement to obtain an operating permit according to this Section be affected by the application for, or issuance of, more than one title V facility permit.

[Section 201-6.2 Transition plan.]

Existing Section 201-6.2 is deleted.

Section [201-6.3] 201-6.2 Permit Applications.

(a) 'Timely application'. [Owners and/or operators] The owner or operator of [facilities] a facility subject to this Subpart shall submit a complete application, as defined in Part 621 of this Title and this Subpart, for initial issuance of a title V permit, or renewal, in accordance with the timeframes established under Paragraphs (1) through [(9)] (6) of this Subdivision:[. Facility owners and/or operators may also elect to accept an emission cap in accordance with Subpart 201-7 of this Part in order to avoid the title V facility permit requirements of this Subpart. Owners and/or operators of existing facilities subject to title V facility permitting on the effective date of this regulation must submit information indicating whether they will obtain an emission cap or a title V permit in accordance with the transition provisions of Section 201-6.2 of this Subpart. Owners and/or operators of facilities subject to this Subpart shall submit a complete application as follows:

(1) Within the timeframe specified in the transition application schedule in Appendix B (see Section 201-6.9) of this Subpart for existing major stationary sources. This application schedule is explained in greater detail in Section 201-6.2 of this Subpart.]

[(2) Within one year of] (1) Prior to the commencement of [operation] construction of a new [stationary source] facility subject to permitting under this Subpart [that is constructed on or after the date EPA approves New York's operating permit program].

[(3) Within one year of] (2) Prior to the commencement of operation of new emission unit(s) or modified emission units at an existing [stationary source which makes] facility that make the [source] facility subject to title V permitting. The owner or operator of a facility subject to this provision may choose to apply for a state facility permit pursuant to Section 201-5.2 of this Part. Upon issuance, that permit shall authorize both construction and operation of the new or modified emission units until a title V permit is issued in accordance with this Subpart.

(3) Prior to the commencement of construction of a new emission unit at an existing title V facility. The owner or operator of an existing title V facility, which is being modified by the addition of a new emission unit comprised solely of new emission sources, may apply for a state facility permit pursuant to Section 201-5.2 of this Part that will authorize construction and operation of the new emission unit upon issuance. A title V permit modification is required within one year of the commencement of operation of the new emission unit.

(4) At least 180 days, but not more than 18 months, prior to the date of permit expiration for permit renewal purposes.

[(5) January 1, 1996 for initial phase II acid rain permits for sulfur dioxide control.

(6) By January 1, 1998 for initial phase II acid rain permits for nitrogen oxides control.]

[(7)] (5) For existing [sources] facilities required to meet the requirements under section 112(g) of the act, prior to construction.

[(8)] (6) For existing facilities with any emission source [operation] designated by EPA as requiring a title V facility permit, within 12 months after the effective date of EPA's designation, or by a later deadline specified by EPA in its designation.

[(9) In the event the administrator fails to promulgate a standard for a category or a subcategory of major sources by the date established pursuant to section 112(e) of the Act, the application must be submitted within 18 months after such date for any major source in such category or subcategory. The complete permit application shall be submitted in accordance with the requirements specified in the "Regulations Governing Equivalent Emission Limitations By Permit," as published in the 'Federal Register' on May 20, 1994, and set forth in 40 CFR part 63, subpart B (see Section 200.9 of this Title).]

(b) 'Completeness determinations'.

(1) [Except for phase I applications under Section 201-6.2(a) of this Subpart, applications] Applications submitted for title V facility permits must be reviewed for completeness by the department in accordance with Subdivision (d) of this Section and Part 621 of this Title. [, and notice of the completeness determination shall be provided to the applicant within 60 days of receipt of the application. Upon determining that an application is complete the department shall promptly issue a public notice of this determination in addition to notifying the applicant in accordance with Part 621 of this Title, except where special transition provisions apply for permit applications under Section 201-6.2 of this Subpart. In the event that the department does not make such determination within this time period, the application shall be deemed complete by default. If the department determines that the application is incomplete, the department must provide the applicant with a written explanation of any deficiencies found in the application.]

(2) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, [an] the applicant shall provide additional information as necessary to address any requirements that become applicable to the facility after the date it filed a complete application but prior to release of a draft permit.

(3) If a facility owner [and/or] or operator submits a timely and complete application for title V permit issuance and/or renewal, the failure to have a title V facility permit is not a violation of this Part because the department has not taken final action on the permit application, except as noted in this Section. This protection shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit, by a reasonable deadline specified in writing by the department, any additional information identified as being needed to review and act on the application. The department will reinstate this protection upon receipt of the additional information in the event that an applicant is unable to provide it within the specified timeframe.

[(4) During the three year transition period such protection described under Paragraph (3) of this Subdivision shall apply upon submittal of a complete phase I application in accordance with the requirements established in Section 201-6.2 of this Subpart.]

(c) 'Final decisions'. The department shall act on title V facility permit applications in accordance with the timeframes and procedures established in Part 621 of this Title. Failure to act on new title V facility permit applications within 18 months of receipt of a complete application shall be grounds for judicial review in State court. [This 18-month timeframe does not apply to title V facility permit applications for existing subject facilities which are afforded special expedited review and decision timeframes during the initial three year transition period provided under Section 201-6.2(b) of this Subpart.]

(d) [Standard application form and required information.] 'Application Content'. All title V facility permit applications submitted to the department shall be signed by a responsible official and provided in a format acceptable to the department. [The information described below shall be included in the title V facility permit application by the owner and/or operator of the facility. Applications for title V facility permit modifications and revisions generally need only supply information related to the proposed change, provided such information includes a complete set of data on any emission units affected by the modification and any facility level information required in forms developed by the department to properly ascertain the nature and extent of a modification. An owner and/or operator may not omit information in an application that is needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the permit fee amount required by the department. The forms and attachments to be submitted by the owner and/or operator of the major stationary source shall] Title V facility permit applications must include the following information at a minimum:

(1) Identifying information, including company name and address (or [plant] facility name and address if different from the company name), owner's name and [agent] representative, and telephone number and names of [plant site] the facility manager/contact.

(2) A description of the [stationary source's] facility's processes and products (by Standard Industrial Classification [Codes] or North American Industry Classification System code) including any associated with each alternate operating scenario identified by the owner [and/or] or operator.

(3) The following emissions-related information:

(i) All emissions of pollutants for which the facility is major, [and] all emissions of regulated air pollutants, and all emissions of Persistent, Bioaccumulative and Toxic compounds listed in table 1 of Subpart 201-9 of this Part. The permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, emission point and process, except where such units are listed as exempt or trivial under Subpart 201-3 of this Part. [Emission units emitting insignificant emission levels, as defined in this section shall be listed in the application.] The applicant shall submit additional information related to the emissions of regulated air pollutants sufficient to verify which Federal requirements are applicable to the facility.

(ii) Fugitive emissions from a major [stationary source] facility shall be included in the permit application in the same manner as stack emissions, regardless of whether the source category in question is included in the definition of ["major stationary sources."] major facility. Source categories that must include fugitive emissions in the applicability determination for title V facility permits are identified within the definition of ["major stationary sources."] major facility.

(iii) Identification and description of all emission units described in the above [Paragraph] Paragraphs in sufficient detail to establish the applicability of Federal requirements.

(iv) Emissions rates of all regulated air pollutants in such terms as are necessary to establish compliance consistent with the applicable standard reference test method.

(v) The following information to the extent it is needed to determine or regulate emissions in accordance with applicable requirements: [fuels, fuel use,] fuel types and their usage, raw materials, production rates, and operating schedules.

(vi) Identification and description of air pollution control equipment and compliance monitoring devices or activities required under the Act.

(vii) Enforceable limitations on facility operation restricting emissions, including federally enforceable emission caps, or any work practice standards, where applicable, for all regulated air pollutants [at a facility subject to this Section].

(viii) Other information required by any applicable requirement.

(ix) Sample or actual calculations on which the information in Subparagraphs (i) through (viii) of this Paragraph is based.

(x) A process flow diagram detailing which process emissions and emission sources exhaust from which emission point.

(xi) A description of each emission point associated with each emission unit that includes the following parameters: stack height (ft), stack height above building (ft), inside stack diameter (in), exit temperature (degrees F), exit velocity (ft/sec), exit flow (acfm), distance from the emission point to the property line (ft) and NYTM coordinates.

(4) The following air pollution control requirements:

(i) Citation and description of all applicable requirements.

(ii) Description of or reference to any applicable test method for determining compliance with each applicable requirement.

(5) Other specific information that may be necessary to implement and enforce other requirements of the act or to determine the applicability of such requirements.

(6) An explanation of any proposed exemptions from otherwise applicable Federal requirements and a description of any proposed [exempted or insignificant] exempt activities and/or emission units.

[(7) Insignificant emission levels. Emissions from units at major stationary sources, meeting the criteria below, shall be considered insignificant and will be subject to State enforceable requirements only, as long as they are not subject to any applicable requirements. Emissions that are determined insignificant based on these criteria shall be included in the determination of title V facility permit applicability and in all quantification of emissions for inventory and billing purposes.

(i) Criteria contaminant emissions that do not exceed 2.5 tpy, based on actual emissions, provided on-site records are maintained to verify these emissions, or 2.5 tpy based on potential to emit.

(ii) Emissions that do not exceed 1,000 lbs/yr for any individual hazardous air pollutant and/or 5,000 lbs/yr for any combination of hazardous air pollutant except where the administrator has established lower thresholds for a specific hazardous air pollutant or major source threshold, in which case the lower thresholds shall apply. These emissions shall be actual emissions, provided on-site records are maintained to verify these emissions, or on potential to emit if records are not kept.

(iii) The emission unit does not utilize air pollution control device(s) or is not limited by an emission cap to meet the criteria in Subparagraphs (i) and (ii) of this Paragraph.]

[(8)] (7) Information necessary to define operational flexibility proposed in accordance with Section [201-6.5] 201-6.4 of this Subpart.

[(9)] (8) A compliance plan for all emission [sources] source activities subject to applicable requirements that contains the following:

(i) A description of the compliance status of the emission source activity with respect to all applicable requirements.

(ii) A description of applicable requirements as follows:

(a) For applicable requirements with which the [major stationary source] facility is in compliance, a statement that the facility will continue to comply with such requirements.

(b) For applicable requirements that will become effective during the permit term, a statement that the [major stationary source] facility will meet such requirements on a timely basis.

(c) For applicable requirements for which the [source] facility is not in compliance at the time of permit issuance, a narrative description of how the [source] facility will achieve compliance with such requirements.

(iii) A compliance schedule as follows:

(a) For applicable requirements that will become effective during the permit term, a statement that the [major stationary source] facility will meet such requirements on a timely basis, consistent with Sections [201-6.5 (a)(1)(i)- (iii)] 201-6.4(a)(1)(i)-(iii) of this Subpart. A statement that the [major stationary source] facility will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.

(b) A schedule of compliance for [major stationary sources] facilities that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the [major stationary source] facility will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements or standards on which it is based.

(iv) A schedule for submission of certified progress reports no less frequently than every six months for [major stationary sources] facilities required to have a schedule of compliance to remedy a violation.

(v) The compliance plan content requirements specified in this Paragraph shall apply and be included in the acid rain portion of a compliance plan, as defined in 40 CFR part 72, for an "affected source," except as specifically superseded by regulations promulgated under the acid rain program with regard to the schedule and method(s) the "affected source" will use to achieve compliance with the acid rain emissions limitations.

[(10)] (9) Requirements for compliance certification, including the following:

(i) A certification of compliance with all applicable requirements signed by a responsible official consistent with this Section.

(ii) An identification of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods.

(iii) A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the department in the permit.

(iv) A statement indicating the [major stationary source's] facility's compliance status with applicable compliance assurance monitoring and compliance certification requirements of the Act.

(11) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required by title IV of the Act.

(12) Certification by a responsible official. Any application form, report, or compliance certification submitted pursuant to the Federal title V permitting requirements under this Subpart shall contain certification of truth, accuracy, and completeness by a responsible official. This certification and any other certification required under this Subpart shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

(e) 'Confidentiality'. A responsible official can request that certain information in a title V facility permit application be kept from public disclosure if it can be demonstrated to the department that the information is a trade secret. Such requests must be made in accordance with Part 616 of this Title. Information submitted to the department pursuant to Part 616 of this Title may be submitted directly to the administrator by the facility owner to determine if it is confidential pursuant to 40 CFR part 2.

(f) Applications for title V facility permit modifications and revisions generally need only supply information related to the modification or revision, provided such information includes a complete set of data on any emission units affected by the modification or revision and any facility level information required in forms developed by the department to properly ascertain the nature and extent of a modification.

(g) The facility owner or operator may not omit information from an application that is needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the permit fee amount required by the department.

(h) The facility owner or operator may also elect to accept an emission cap in accordance with Subparts 201-4 and 201-7 of this Part in order to avoid the title V facility permit requirements of this Subpart.

Section [201-6.4] 201-6.3 Application and permit review by EPA and affected states.

(a) 'Transmission of information to the administrator'. (1) The department shall provide the administrator a copy of each title V permit application, including any application for permit modification, each proposed permit, and each final title V facility permit. [Such transmission shall not include information related to the State-enforceable section.] Accessibility to the administrator of the application, proposed permit, or final permit on the department's computer system shall be considered equivalent to the submission of these documents to the administrator by the department. The applicant may be required by the department to provide a copy of the permit application (including the compliance plan) directly to the administrator. [Upon agreement with the administrator, the department may submit to the administrator a permit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan.] To the extent practicable, the preceding information shall be provided in computer-readable format compatible with the EPA national database management system.

(2) The administrator may waive the requirements of Paragraph (1) of this Subdivision and Paragraph (b)(1) of this Section for any category of emission sources (including any class, type, or size within such category) other than major [sources] facilities according to the following:

(i) by regulation for a category of emission sources nationwide; or

(ii) at the time of approval of the State program for a category of [sources] facilities covered by an individual permitting program.

(3) The department shall keep such records for five years [such records] and submit to the administrator such information as the administrator may reasonably require to ascertain whether the State program complies with the requirements of the act or of 40 CFR part 70.

(b) 'Review by affected states'. (1) The department shall give notice of each draft permit to any affected state on or before the time that the department provides this notice to the public under the requirements of this Part or Part 621 of this Title.

(2) The department, as part of the submittal of the proposed permit to the administrator (or as soon as possible after the submittal for minor permit modification procedures allowed under Section [201-6.7] 201-6.6 of this Subpart), shall notify the administrator and affected states in writing of any refusal by the department to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period. The notice shall include the department's reasons for not accepting any such recommendation. The department is not required to accept recommendations that are not based on applicable requirements or the requirements of this Part.

(3) Within five working days of receipt of a complete permit modification application, the department shall meet its obligation to notify the administrator and affected states of the requested permit modification. The department promptly shall send any required notice to the administrator.

(c) 'EPA objection'. (1) The administrator may object to the issuance of any proposed permit determined by the administrator not to be in compliance with applicable requirements or requirements under this Part. No permit for which an application must be transmitted to the administrator shall be issued if the administrator objects to its issuance in writing within 45 days of receipt of the proposed permit and all necessary supporting information.

(2) Any EPA objection shall include a statement of the administrator's reasons for objection and a description of the terms and conditions that the permit must include to respond to the objections. The administrator will provide the permit applicant a copy of the objection.

(3) Failure of the department to do any of the following also shall constitute grounds for an objection:

(i) comply with Subdivisions (a) or (b) of this Section;

(ii) submit any information necessary to review adequately the proposed permit; or

(iii) process the permit under the procedures approved to meet the public participation requirements of Part 621 of this Title except for minor permit modifications.

(4) If the department fails[, within 90 days after the date of an objection] to revise and submit a proposed permit in response to [the] an objection within 90 days of the objection, the administrator may issue or deny the permit in accordance with the requirements of the Federal program promulgated under title V of the Act.

(d) 'Public petitions to the administrator'. If the administrator does not object in writing under Subdivision (c) of this Section, any person may petition the administrator within 60 days after the expiration of the administrator's 45-day review period to make such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the administrator objects to the permit as a result of a petition filed under this Paragraph, the department shall not issue the permit until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection. If the department has issued a permit prior to receipt of an EPA objection under this Paragraph, the administrator will modify, terminate, or revoke such permit, and shall do so consistent with the procedures in Section [201-6.7(e)] 201-6.6(e) of this Subpart, except in unusual circumstances, and the department may thereafter issue only a revised permit that satisfies EPA's objection. In any case, the facility owner [and/or] or operator will not be in violation of the requirement to have submitted a timely and complete application.

Section [201-6.5] 201-6.4 Standard permit requirements.

(a) 'General conditions'. With the exception of Subdivision (f) of this Section the provisions contained in this Subpart are considered standard solely for the Federal portion of the title V facility permit. The operational flexibility provisions under Subdivision (f) of this Section shall be available under both State and Federal portions of the title V facility permit. Each title V facility permit issued under this Part shall include the following standard provisions:

(1) All Federal emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance.

(i) The origin of and authority for each term or condition, and any difference in form as compared to the applicable requirement upon which the term or condition is based.

(ii) Any permit containing the department's determination that an alternative emission limit constitutes compliance with a regulation in the State implementation plan shall contain provisions to ensure that the resulting emission limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. The department's determination that an emission source is eligible for an alternative emission limit can be made in the permit issuance, renewal or significant modification process. Permits may only include alternative emission limits if provided for in the State implementation plan and if the alternative emission limit is determined by the department to be equivalent to the limit in the State implementation plan.

(iii) If an existing [stationary source] facility has installed best available control technology (as defined in section 169(3) of the act), or technology required to meet a lowest achievable emission rate (as defined in section 171(3) of the act), prior to the promulgation of an applicable MACT or GACT standard to such stationary source, per section 112(d) and (j) of the act, for the same hazardous air pollutant (or stream of hazardous air pollutants) it shall not be required to comply with such standard until the date five years after the date on which installation or reduction has been achieved, as determined by the department.

(2) The permittee must comply with all conditions of the title V facility permit. Any permit non-compliance constitutes a violation of the act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

(3) The permit may be modified, revoked, suspended, reopened and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.

(4) The owner [and/or] or operator shall furnish to the department, within a reasonable time, any information that the department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the department copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the administrator along with a claim of confidentiality, if the administrator initiated the request for information or otherwise has need of it.

(5) It is not a defense for an owner [and/or] or operator in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(6) The permit does not convey any property rights of any sort, or any exclusive privilege.

(7) The owner [and/or] or operator of a [stationary source] facility shall pay fees to the department consistent with the fee schedule authorized by Subpart 482-2 of this Title.

(8) The department or an authorized representative shall be allowed upon presentation of credentials and other documents as may be required by law to:

(i) enter upon the permittee's premises where a facility subject to the permitting requirements of this Subpart is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;

(ii) have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;

(iii) inspect at reasonable times any emission sources, equipment (including monitoring and air pollution control equipment), practices, and operations regulated or required under the permit; and

(iv) sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.

(9) A severability clause to insure the continued validity of the remaining various permit requirements in the event of a challenge to any portions of the permit.

(b) 'Permit conditions for monitoring'. Each title V facility permit issued under this Part shall include the following provisions pertaining to monitoring:

(1) all emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods for compliance assurance monitoring as required by the act shall be specified in the permit;

(2) where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), the permit shall specify the periodic monitoring sufficient to yield reliable data from the relevant time periods that are representative of the major [stationary source's] facility's compliance with the permit. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirements; and

(3) as necessary, requirements concerning the use, maintenance, and installation of monitoring equipment or methods.

(c) 'Permit conditions for recordkeeping and reporting of compliance monitoring'. (1) The following information must be included in records and reports:

(i) the date, place as defined in the permit, and time of any required sampling or measurements;

(ii) the date(s) any required analyses were performed;

(iii) the company or entity that performed [the] any required analyses;

(iv) the analytical techniques or methods used including quality assurance and quality control procedures if required;

(v) the results of such analyses including quality assurance data where required;

(vi) the operating conditions as existing at the time of any required sampling or measurement;

(vii) any deviation from permit requirements must be clearly identified; and

(viii) reports must be certified by a responsible official, consistent with Section [201-6.3] 201-6.2 of this Subpart.

(2) Records of all monitoring data and supporting information must be retained for a period of at least five years from the date of the monitoring, sampling, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, all quality assurance information and copies of all reports required by the permit.

(3) The permit shall incorporate all applicable Federal reporting requirements which must include the following:

(i) electronic submittal of reports of any required monitoring at least every six months; and

(ii) notification and reporting of permit deviations and incidences of noncompliance stating the probable cause of such deviations, and any corrective actions or preventive measures taken. If the permittee seeks to have a violation excused as provided in Section 201-1.4 of this Part, the permittee shall report such violations as required under Section [201-1.4(b)] 201-1.4(c) of this Part. In order to have a violation of a Federal regulation (such as a new source performance standard or national emissions standard for hazardous air pollutants) excused, the specific Federal regulation must provide for an affirmative defense during start-up, shutdowns, malfunctions or upsets. All other permit deviations shall only be reported as required under Subparagraph (i) of this Paragraph, unless the department specifies a [difference] different reporting requirement within the permit.

(d) 'Compliance schedules'. Each title V facility permit issued shall contain the following provisions for compliance:

(1) The permit shall include a provision requiring compliance with the schedule proposed pursuant to Section [201-6.3] 201-6.2 of this Subpart.

(2) Where any performance or emission standard or other requirement is established for a facility prior to the issuance of a permit, the permit may contain a compliance schedule requiring the facility to achieve compliance as soon as practicable but not later than the time required by the act or an applicable requirement.

[(3) The applicant shall propose as permit conditions, compliance certification, testing, monitoring (including any enhanced monitoring requirements), reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit.]

[(4)] (3) Any document (including reports) required by a title V permit shall contain a certification by a responsible official, as set forth in Section [201-6.3] 201-6.2 of this Subpart, that based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete.

[(5)] (4) Progress reports consistent with an applicable schedule of compliance and are to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the department. Such progress reports shall contain the following:

(i) dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and

(ii) an explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.

(e) 'Compliance certification'. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:

(1) the frequency, not less than annually or more frequent periods as specified in the applicable requirement or by the department, of the electronic submissions of compliance certifications;

(2) a means for assessing or monitoring the compliance of the [stationary source] facility with its emission limitations, standards, and work practices;

(3) a requirement that the compliance certification include the following:

(i) the identification of each term or condition of the permit that is the basis of the certification;

(ii) the compliance status;

(iii) whether compliance was continuous or intermittent;

(iv) the method(s) used for determining the compliance status of the facility, currently and over the reporting period consistent with Subdivision (b) of this Section;

(v) such other facts as the department shall require to determine the compliance status of the facility; and

(vi) all compliance certifications shall be submitted to the department and to the administrator and shall contain such other provisions as the department may require to ensure compliance with all applicable requirements.

(f) 'Operational flexibility'. Each title V facility permit shall contain a provision that states that no permit modifications will be required, under any approved emissions trading, economic incentives, marketable permits, or other similar programs or processes for changes that are provided for in the permit.

(1) Alternate operating scenarios. The owner [and/or] or operator of the major [stationary source] facility may propose a range of operating conditions that will allow flexibility to operate under more than one operating scenario. Upon issuance of the permit, operation under each proposed alternate operating scenario is authorized without requiring a permit [revision] modification. The owner [and/or] or operator must track and report the scenarios that the major [stationary source] facility operates under according to the requirements of this Section. [, and contemporaneously with making a change from one operating scenario to another, the] The facility owner [and/or] or operator must record the alternate operating scenarios in a log at the [source] facility and note any contemporaneous changes from one operating scenario to another. The alternate operating scenarios shall be specified by terms and conditions stated in the permit and shall not contravene any applicable requirement. Alternative operating scenarios may include, but are not limited to:

(i) specifying, as maximum permissible operating conditions, alternative operational scenarios that can be expected to occur during the term of the permit;

(ii) the specification of the maximum permissible emission rate as the enforceable limit unless the operational capacity of the emission source or emission unit is limited as a result of applicable or other requirements;

(iii) the aggregation of emissions from emission units to be detailed under an approved operational flexibility plan, describing the manner in which emissions may be varied in quantity and nature among such emission units. Applications must describe the location and characteristics of emission units involved, and the corresponding emissions; and

(iv) other [bases] basis for the facilitation of operational flexibility not in violation of Federal or State law or regulation as approved by the department and the administrator.

(2) Protocol. In the operational flexibility plan the owner [and/or] or operator may propose to incorporate a protocol component by which the permittee will evaluate proposed changes for compliance with applicable requirements. Compliance with an approved protocol shall serve as compliance with Part 212 of this Title except that it shall not undo previous Section 212.10 RACT determinations or otherwise absolve the permittee from Section 212.10 RACT compliance obligations. The protocol shall include provisions for notifying the department of changes. Detail must be sufficient to allow for the assessment of control requirements, to determine compliance with applicable requirements and to maintain the department's source inventory. Changes made pursuant to an approved protocol are not subject to the provisions of Section [201-6.7] 201-6.6 of this Subpart.

(3) Emissions trading under the SIP without requiring a permit [revision] modification. Owners [and/or] or operators of title V facilities may trade increases and decreases in emissions in the permitted [facility] facilities, where the applicable state implementation plan provides for such emissions trades and the changes do not exceed the emissions allowable under the permit, without requiring a permit revision. Notice of such trade must be given to the department and the administrator seven days prior to making the trade. This provision is available in those cases where the permit does not specifically provide for such emissions trading. Emission trading under this provision does not require a permit revision as long as changes are not modifications under any provision of title I of the Act.

(i) The seven day written notification required above shall include such information as may be required by the provision in the applicable implementation plan authorizing the emissions trade, including at a minimum, when the proposed change will occur, a description of each such change, any change in emissions, the permit requirements with which the facility will comply using the emissions trading provisions of the applicable implementation plan, and the pollutants emitted subject to the emissions trade. The notice shall also refer to the provisions with which the facility will comply in the applicable implementation plan and that provide for the emissions trade.

(ii) Compliance with the permit requirements that the facility will meet in conducting the emissions trade shall be determined according to requirements of the applicable implementation plan authorizing the emissions trade.

(iii) The permit shield described in Section [201-6.6] 201-6.5 of this Subpart shall not extend to terms and conditions that allow such increases and decreases in emissions.

(4) [Emissions trading under a cap without requiring a permit revision. If a permit applicant requests it,] Facility owners or operators may request that the department [shall] issue permits [that contain] containing terms and conditions, including all terms required under this Subpart, to determine compliance, allowing for the trading of emissions increases and decreases in the permitted facility solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. Changes under this provision within a permitted facility may be allowed without requiring a permit revision, if the changes are not modifications under any provision of title I of the act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions). The permit applicant shall include, in the application, proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The department shall not include in the emissions trading provisions any emission units for which emissions are not quantifiable or for which there are no replicable procedures to determine the compliance of the trade. Trading of emissions between contiguous facilities with more than one title V facility permit and owned [and/or] or operated by the same facility owner [and/or] or operator is permitted according to a procedure approved in the permits. The permit(s) shall also require compliance with all applicable requirements.

(i) For emissions trading pursuant to this Paragraph, seven day written advance notification shall be provided to the administrator and to the department, and shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit.

(ii) The permit shield described in this Section shall extend to terms and conditions that allow such increases and decreases in emissions.

(5) For emissions trading under this Section, the owner [and/or] or operator of the permitted facility, the department and the administrator shall attach the seven day advance notice of each trade to their copy of the relevant permit.

(6) No permit revision will be required for operating changes that contravene an express permit term, provided that such changes would not violate applicable requirements as defined under this Part or contravene federally enforceable monitoring (including test methods), recordkeeping, reporting, or compliance certification permit terms and conditions. Such changes may be made without requiring a permit revision, if the changes are not modifications under any provision of title I of the Act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions) provided that the facility provides the administrator and the department with written notification as required below in advance of the proposed changes within a minimum of seven days. The facility owner or operator, and the department shall attach each such notice to their copy of the relevant permit.

(i) For each such change, the written notification required above shall include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.

(ii) The permit shield described in Section [201-6.6] 201-6.4 of this Subpart shall not apply to any change made pursuant to this Paragraph.

(g) 'Permit shield'. (1) Except as otherwise provided in this Subpart, the department shall [expressly] include [in a facility permit] a provision in the title V permit stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance. This permit shield applies provided [all] the applicable requirements are included and are specifically identified in the permit, or the department, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the major [stationary source] facility, and the permit includes the determination or a concise summary thereof.

(2) Nothing herein shall preclude the department from revising or revoking the permit pursuant to Part 621 of this Title, or from exercising its summary abatement authority, or [. Nothing in this Paragraph or in any title V facility permit shall] alter or affect the following:

[(1)] (i) the ability of the department to seek to bring suit on behalf of the State of New York, or the administrator to seek to bring suit on behalf of the United States, to immediately restrain any person causing or contributing to pollution presenting an imminent and substantial endangerment to public health, welfare or the environment to stop the emission of air pollutants causing or contributing to such pollution;

[(2)] (ii) the liability of an owner or operator of a title V facility for any violation of applicable requirements prior to or at the time of permit issuance;

[(3)] (iii) the applicable requirements of title IV of the act; [and] or

[(4)] (iv) the ability of the [department or the] administrator to obtain information from a facility owner [and/or] or operator concerning the ability to enter, inspect and monitor the facility.

(h) 'Term of permits'. The following time periods shall apply to the term of title V facility permits:

(1) Periods of up to five years for title V facility permits[, temporary sources] and general permits for facilities subject to this Subpart.

(2) A fixed term of five years for "affected sources". Title V permits for "affected sources" will be issued in such a manner as to eliminate inconsistencies between the expiration of the title V permit and the effective dates of applicable requirements under title IV of the act.

(i) 'Reopening for cause'. (1) A title V permit shall be reopened and revised under any of the following circumstances:

(i) When additional applicable requirements under the act become applicable to a title V facility with a remaining permit term of three or more years, a reopening shall be completed not later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended by the department pursuant to the provisions of Section [201-6.7] 201-6.6 of this Subpart.

(ii) The department or the administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

(iii) The department or the administrator determines that the title V permit must be revised or reopened to assure compliance with applicable requirements.

(iv) Additional requirements (including excess emissions requirements) become applicable to an "affected source" under the Acid Rain Program. Upon approval by the administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.

(2) Proceedings to reopen and issue a title V facility permit shall be required to follow the same procedures as apply to initial permit issuance but shall affect only those parts of the permit for which cause to re-open exists.

(3) Re-openings shall not be initiated before a notice of such intent is provided to the facility by the department at least 30 days in advance of the date that the permit is to be reopened, except that the department may provide a shorter time period in the case of an emergency.

Section [201-6.6] 201-6.5 Special provisions.

(a) 'State enforceable requirements'. [(1)] The department shall specifically designate as not being federally enforceable, any terms and conditions included in the permit that are not required under the act or under any of its applicable requirements. Terms and conditions so designated are not subject to the requirements of Section [201- 6.4] 201-6.3 of this Subpart.

[(2) When a facility is issued a title V permit, existing state requirements shall be incorporated into the state enforceable section, and the existing permits shall expire except where the facility owner and/or operator requests to delay this merging of State and Federal requirements as allowed under Section 201-6.2 of this Subpart. Incorporation of existing requirements will not be subject to Section 201-6.4 of this Subpart.]

(b) 'Additional permit conditions for facilities subject to the Acid Rain Program of title IV of the act'. (1) Where an applicable requirement of the act is more stringent than regulations promulgated under title IV of the Act, both requirements shall be incorporated into the permit, and shall be enforceable by the department and the administrator.

(2) Emissions exceeding any allowances that the facility owner/operator lawfully holds under title IV of the Act or the regulations promulgated thereunder shall be prohibited by the permit. However, the facility owner [and/or] or operator is not required to cover its emissions at all times. Rather, the facility owner [and/or] or operator need only have sufficient sulfur dioxide allowances to cover emissions at the end of the true-up period in each year.

(3) No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to title IV, provided that such increases do not require a permit revision under any other applicable requirement.

(4) No limit shall be placed on the number of allowances held by the facility. The facility owner [and/or] or operator may not, however, use allowances as a defense to noncompliance with any other applicable requirement.

(5) Any allowance shall be accounted for according to the procedures established in regulations promulgated under the acid rain provisions of title IV.

(c) 'Emergency defense provision'. Each title V facility permit shall contain a condition that requires reporting of noncompliance due to an emergency. In the event that emissions of contaminants in excess of any emission standard of this Chapter occur due to an emergency (as defined in this Part), the facility owner or operator shall report such event to the department's representative as soon as possible during normal working hours, but in any case not later than two working days after the event occurs. [which describes] The report must describe the emergency, any steps taken to mitigate emissions, and the corrective actions taken. Facilities desiring an affirmative defense for non-compliance with any applicable requirement due to an emergency shall follow the requirements established under the general provisions in this Part.

[(d) Portable sources and portable operations. The department may issue a permit authorizing emissions from similar operations by the same stationary source owner and/or operator at multiple temporary locations. The operation must be temporary in nature and can involve more than one change of location during the term of the permit.

(1) No "affected source" shall be permitted as a portable source. Permits for portable sources may be issued pursuant to conceptual approvals by the department based on a description of the proposed operation and control equipment with site-specific review requirements incorporated into the conceptual approval. All permits issued shall contain:

(i) conditions that will assure compliance with all applicable requirements at all authorized locations unless site-specific reviews are required prior to relocation or start-up as determined by the department;

(ii) requirements that the owner or operator notify the department at least 10 days in advance of each change in location; and

(iii) conditions that assure compliance with all other provisions of this Section.

(2) The department may issue written authorization to a facility owner to operate a portable source for a period of time not to exceed 30 days in any calendar year where an environmental or public health emergency situation exists due to spills or other causes, and there is an environmental benefit to such portable operation.

(e) Temporary operations. The department may issue authorization for temporary operations. These operations must comply with any applicable requirements and all Parts of this Chapter. Temporary operations, for purposes of title V facility permitting, would be treated as trivial activities.]

Section [201-6.7] 201-6.6 Permit renewal and modification.

(a) 'Expiration and renewal'. The following procedures shall apply when title V facility permits are renewed or expire:

(1) Permits that are being renewed are subject to the same procedural and review requirements, including those for public participation and affected State and EPA review, that apply to initial permit issuance. Renewal applications must include any revisions or modifications enacted during the previous permit term.

(2) Permit expiration terminates the major [stationary source's] facility's right to operate unless a timely and complete renewal application has been submitted consistent with Section [201-6.3(a)] 201-6.2(a) of this Subpart.

(3) If the department fails to act in a timely way in the renewal of a permit, the administrator may invoke the authority under section 505(e) of the Act to terminate, modify or revoke and reissue a permit.

(4) The department shall take final action upon permit renewal within 18 months of receipt of a complete application. If the department fails to take final action on a renewal application within 18 months of the receipt of a complete application, such failure to act shall be treated as a final agency action solely for the purposes of judicial review for failure to take final action.

(5) All the terms and conditions of a permit shall be automatically continued pending final determination by the department on a request for permit renewal, [application for a permit] provided [a permittee] the facility owner or operator has made a timely and complete application and paid the required fees.

(b) 'Administrative permit amendments'. (1) Administrative amendments to title V facility permits include the following changes:

(i) correction of typographical errors;

(ii) identification of a change in the name, address, or phone number of any person identified in the permit or a similar minor administrative change at the source;

(iii) those requiring more frequent monitoring or reporting by the permittee;

(iv) those allowing for a change in ownership or operational control of a facility where the department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the department; or

(v) incorporation into the permit of the requirements from a [preconstruction review] state facility permit issued by the department provided that public participation pursuant to Part 621 of this Title, and the EPA and affected State review process for the [preconstruction] state facility permit were equivalent to the review process and compliance requirements necessary for issuance of a title V facility permit.

(2) the request for an administrative permit amendment shall be reviewed and acted upon by the department in accordance with the time frames and procedures established under Section 621.13 of this Title and Subparagraph (i) of this Paragraph. Administrative permit amendments for the purposes of the acid rain portion of the permit shall be governed by regulations promulgated under title IV of the Act. The department may incorporate such changes into the permit without providing notice to the public or affected states provided that it designates any such permit revisions as having been made pursuant to this Paragraph.

(i) Within 15 days of receipt of a request for an administrative permit amendment, the department shall take final action on such request, and may incorporate such changes without providing notice to the public or affected states provided that it designates any such permit revisions as having been made pursuant to this Section.

(ii) The department shall make a copy of the revised permit available to the administrator.

(iii) The owner [and/or] or operator of a facility may implement the changes addressed in the request for an administrative amendment after 15 days from receipt of the request by the department.

(3) The department shall, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in Section [201-6.5] 201-6.4 of this Subpart. The department shall also allow such coverage for administrative permit amendments made pursuant to [Paragraph (1)(v)] Subparagraph 201-6.6(b)(1)(v) of this [Subdivision] Section, provided the [preconstruction] state facility permit met the relevant requirements of this Part for significant permit modifications.

(c) 'Minor permit modifications'.

(1) Minor permit modification procedures may be used only for those permit modifications that do not exceed the criteria under Subparagraphs (i) [-] through (v) of this Paragraph. In no case [will] shall a facility that has been issued multiple permits be allowed to make minor permit modifications which, in the aggregate, would be a significant permit modification if the facility had been issued a single permit, unless such facility complies with all the requirements for a significant modification.

(i) Do not violate any applicable requirement.

(ii) Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit and are not otherwise a significant change in the permit.

(iii) Do not require or change a case-by-case determination of a Federal emission limitation or other Federal standard, or a specific determination for portable sources causing adverse ambient impacts, or a visibility or increment analysis.

(iv) Do not seek to establish or change a permit term or condition that the facility has assumed to avoid an applicable requirement to which the emission source would otherwise be subject. Such terms and conditions include:

('a') a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of title I of the Act, including Part 231 of this Title; or

('b') an alternative emissions limit approved pursuant to the early reduction program under section 112 of the Act.

(v) Are not modifications under any provision of title I of the Act [, including modifications resulting in significant net emission increases] resulting in an NSR major modification as defined and regulated under Part 231 of this Title [or the Federal Prevention of Significant Deterioration Program regulations at 40 CFR 52.21].

(2) Notwithstanding Paragraphs (1) and (9) of this Subdivision, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emission trading, and other similar approaches to the extent that such minor permit modification procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by the administrator.

(3) An application for a minor permit modification shall meet the requirements of Section [201-6.3(d)] 201-6.2(d) of this Subpart, and shall provide the following information:

(i) a description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(ii) certification by a responsible official, consistent with this Subpart, that the proposed modification meets the criteria contained herein for use of minor permit modification procedures and a request that such procedures be used;

(iii) completed forms for use in notifying the administrator and affected states; and

(iv) the major [stationary source's] facility's suggested draft permit in a format acceptable to the department.

(4) The department will review and act on applications for minor permit modifications in accordance with timeframes and procedures established for minor projects under Part 621 of this Title. Upon application by an owner [and/or] or operator for a minor permit modification, the department shall determine whether or not such application is complete within 15 days after receipt of such application and notify the applicant as required under Part 621 of this Title.

(5) The facility may proceed with the requested modification upon receipt of a notice of complete application from the department confirming that the modification is minor. If[, however,] the department fails to issue such notice, the application shall be deemed complete by default on the 15th day after receipt of the application and the permittee may proceed with the requested modification on the 25th day after the date that the department received the application. After the facility owner [and/or] or operator makes the change and until the department takes final action, or notifies the permittee that the requested modification does not meet the minor modification criteria, or that EPA objects to the modification requested, the facility must comply with both the applicable requirements governing the change and any proposed permit terms and conditions. During this time period, the facility need not comply with the existing permit terms and conditions it seeks to modify. However, if the facility fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

(6) The department shall provide the notice of complete application, or provide an alternate form of notification approved by the administrator, to the administrator and affected states on or before the date that the applicant is notified. Such notification is not required if the modification involves only emission units or permit terms and conditions that are not subject to any applicable requirement.

(7) The department must issue a final decision on a minor modification request not later than 45 days after the date that the application was complete. However, the department may not issue a final permit modification until 45 days have elapsed from the date that the department notified the administrator under Paragraph (6) of this Subdivision or until the administrator has notified the department that they will not object to issuance of the permit modification, whichever occurs first.

(8) The permit shield described in Section [201-6.5] 201-6.4 of this Subpart does not extend to minor permit modifications.

(9) [Group processing of minor permit modifications.] The department may process groups of [a stationary source's] applications for [certain] minor permit modifications simultaneously [eligible for minor permit modification processing].

[(i) Group processing of modifications may be used only for those permit modifications:

(a) that meet the criteria for minor permit modification procedures of this Section; and

(b) whose potential emissions collectively are below 10 percent of the emissions allowed by the permit for the emissions unit for which the change is requested, 20 percent of the applicable definition of major stationary source, or five tons per year, whichever is least.

(ii) An application requesting the use of group processing procedures shall meet the requirements for a complete application in Section 201-6.3 of this Subpart and shall include the following:

(a) a description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(b) the stationary source's proposed draft permit;

(c) certification by a responsible official, consistent with Section 201-6.3 of this Subpart, that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used;

(d) a list of the stationary source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under this Paragraph; and

(e) certification by a responsible official, consistent with Section 201-6.3 of this Subpart, that the facility owner and/or operator has notified EPA of the proposed modification. Such notification need only contain a brief description of the requested modification; and

(f) completed forms for notifying the administrator and affected states as required under Section 201-6.4 of this Subpart.

(iii) On a quarterly basis or within five business days of receipt of an application demonstrating that the aggregate of a stationary source's pending applications equals or exceeds the threshold level set under this Paragraph, whichever is earlier, the department shall notify the administrator and affected states of the requested permit modifications. The department shall send any required notice to the administrator. In addition, the department may require the facility owner and/or operator to submit a notice to be used in notifying the administrator and affected states.

(iv) The provisions of Paragraph (5) of this Subdivision shall apply to modifications eligible for group processing, except that the department shall take the action specified in Paragraph (7) of this Subdivision within 180 days of receipt of the application or 15 days after the end of the administrator's 45-day review period, whichever is later.

(v) The permit shield described in Section 201-6.5 of this Subpart does not extend to minor permit modifications eligible for group processing.

(vi) The provisions of this Section shall apply to group processing for minor permit modifications.]

(d) 'Significant permit modifications'. Significant permit modifications are those that are not minor permit modifications or administrative permit amendments. Every significant change in existing monitoring permit terms or conditions, and every relaxation of reporting or recordkeeping permit terms or conditions at a [stationary source] facility subject to this Subpart shall be considered significant. An application for permit modification should be submitted by the owner [and/or] or operator, and shall be subject to the provisions of this Subpart for new applications for a permit.

(e) 'Reopenings for cause by EPA'. (1) If the administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to Section [201-6.5] 201-6.4 of this Subpart, the administrator will notify the department and the permittee of such finding in writing.

(2) The department shall, within 90 days after receipt of such notification, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The administrator may extend this 90-day period for an additional 90 days if [she/he] the administrator finds that a new or revised permit application is necessary or that the department must require the permittee to submit additional information.

(3) The administrator will review the proposed determination from the department within 90 days of receipt.

(4) The department shall have 90 days from receipt of an EPA objection to resolve any objection that EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with the administrator's objection.

(5) If the department fails to submit a proposed determination pursuant to Paragraph (2) of this Subdivision or fails to resolve any objection pursuant to Paragraph (4) of this Subdivision, the administrator will terminate, modify, or revoke and reissue the permit after taking the following actions:

(i) providing at least 30 days notice to the permittee in writing of the reasons for any such action. This notice may be given during the procedures in Paragraphs (1) through (4) of this Subdivision;

(ii) providing the permittee an opportunity for comment on the administrator's proposed action and an opportunity for a hearing.

(f) 'Surrender of title V facility permits'. A source owner or operator may close down operations and surrender title V permit(s) to the department.

Section [201-6.8] 201-6.7 Appendix A-Area Sources [Deferred] Regulated by National Emission Standards for Hazardous Air Pollutants Permanently Exempted from Title V Permitting [in Accordance with Section 201-6.2(c)(2) of this Subpart].

[Sources Regulated by National Emission Standards for Hazardous Air Pollutants:]

40 CFR 63.320 Subpart M: Perchloroethylene Dry Cleaning Facilities

40 CFR 63.340 Subpart N: Chromium Electroplating

40 CFR 63.360 Subpart O: Ethylene Oxide Commercial Sterilization

40 CFR 63.460 Subpart T: Halogenated Solvent Metal Cleaning

[40 CFR 63.541 Subpart X: Secondary Lead Smelting

40 CFR 63.1500 Subpart RRR: Secondary Aluminum Production]

[Section 201-6.9 Appendix B--Transition Plan Application Schedule.]

Existing Section 201-6.9 is deleted.

SUBPART 201-7 FEDERALLY ENFORCEABLE EMISSION CAPS

Section 201-7.1 [General.] Emission capping in facility permits.

[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.]

(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) below. 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.

[Section 201-7.2 Emission capping using synthetic minor permits.]

Existing Section 201-7.2 is deleted.

[Section 201-7.3 Emission capping by rule.]

Existing Section 201-7.3 is deleted.

SUBPART 201-8 GENERAL PERMITS

Section 201-8.1 Purpose and applicability.

(a) This Subpart is intended to implement the provisions of Environmental Conservation Law, section 19-0311 that provides for the issuance of general permits covering numerous similar emission sources, or source categories, for purposes of complying with title V of the Act, or to augment other permitting requirements under this Part. The department may issue general permits for [stationary sources] facilities subject to [registration, State facility permitting, or title V facility] the permitting requirements under Subparts [201-4,] 201-5 and 201-6 of this Part [respectively], except that general permits cannot be authorized for affected sources under the Acid Rain Program, unless otherwise provided in regulations promulgated under title IV of the Act.

(b) The department shall not issue general permits for new [major stationary sources] facilities subject to the Federal prevention of significant deterioration regulations or nonattainment area permitting regulations under Part 231 of this Title.

Section 201-8.2 Permit development and issuance criteria.

(a) The general permit will contain the conditions and requirements that apply to emission sources [or operations] and processes authorized under it and any qualifying criteria or limitations on the use or eligibility of the permit.

(b) The department will provide public notice and an opportunity for comment on proposed general permits prior to issuance and in accordance with the procedures and timeframes established [for major permit projects] under Part 621 of this Title. [Public notice of applications from owners or operators of emission sources requesting authorization to use a general permit that has been issued by the department is not mandatory but may be required under the terms of the general permit or at the discretion of the department, where appropriate.]

[(c) General permits developed for the purposes of authorizing stationary sources subject to Subpart 201-6 of this Part must comply with all requirements applicable to other title V facility permits.

(d) Activities undertaken pursuant to a general permit are subject to those provisions of article 72 of the Environmental Conservation Law which would be applicable if the activity were authorized by an individual permit, unless a lower fee is established pursuant to section 72-0201(13) of the Environmental Conservation Law.]

Section 201-8.3 Applications and approval procedures.

(a) [Owners or operators of emission] Emission sources that qualify for a general permit must apply to the department for authorization to use the general permit in a format approved by the department.

(b) All requests for authorization to use a general permit must meet the application content requirements established under this Part, or specific alternate requirements defined by the department in the general permit. When establishing alternate application requirements for general permits developed for sources subject to Subpart 201-6 of this Part, the department must ensure that such applications:

(1) meet the requirements of title V of the Act; and

(2) include sufficient information to determine qualification for the general permit, and the applicant's certification of compliance with the terms and conditions of the general permit.

(c) The department will act on applications requesting use of a general permit in accordance with timeframes and procedures for minor permit projects established under Part 621 of this Title. Authorization to use the general permit shall be issued by the department in the form of a letter, an approved application, a copy of the actual general permit or other comparable documentation.

(d) [The department may require any applicant applying for a general permit to apply for and obtain an individual permit if it determines that unique site specific circumstances warrant additional limitations or permit conditions to control or mitigate environmental impacts that were not considered and addressed in the development and issuance of the general permit.] The department may request that a facility that otherwise meets the criteria for a general permit as described in this Subpart obtain a state facility permit in cases where permit conditions are required to ensure the facility complies with all applicable requirements. The facility owner or operator must submit a state facility permit application as described in Section 201-5.2 of this Part within six months of notification from the department.

(e) Construction of a new or modified emission source which qualifies [to use] for a general permit may not commence until the source has been issued the authorization required by the department under Subdivision (c) of this Section.

SUBPART 201-9 TABLES

Table 1 - Significant Mass Emission Rates for Persistent, Bioaccumulative and Toxic Compounds.

Comparison of actual emissions (pounds per year) for certain contaminants
CAS Number Contaminant Name Actual Emissions (pounds per year)
000050-00-0 Formaldehyde 100
000056-23-5 Carbon tetrachloride 100
000062-53-3 Aniline 1000
000064-67-5 Diethyl sulfate 100
000067-66-3 Chloroform 100
000071-43-2 Benzene 100
000074-90-8 Hydrogen cyanide 500
000075-01-4 Vinyl chloride 100
000075-07-0 Acetaldehyde 1000
000075-09-2 Dichloromethane 5000
000075-21-8 Ethylene oxide 25
000075-36-5 Acetyl chloride 1000
000077-78-1 Dimethyl sulfate 250
000078-87-5 Propylene dichloride 1000
000079-00-5 1,1,2 Trichloroethane 100
000079-01-6 Trichloroethylene 1000
000079-06-1 Acrylamide 1
000079-11-8 Chloroacetic acid 1000
000079-34-5 1,1,2,2-tetrachloroethane 1000
000079-46-9 2-nitropropane 5000
000091-22-5 Quinoline 25
000091-94-1 3,3'-dichlorobenzidine 25
000092-87-5 Benzidine 1
000095-53-4 O-toluidine 5000
000096-09-3 Styrene oxide 1
000096-45-7 Ethylene thiourea 100
000097-93-8 Triethylaluminum 1000
000100-44-7 Benzyl chloride 25
000106-93-4 1,2-dibromoethane 5
000106-99-0 1,3-butadiene 25
000107-02-8 Acrolein 5
000107-06-2 1,2-dichloroethane 100
000107-13-1 Acrylonitrile 25
000107-18-6 Allyl alcohol 1000
000109-86-4 2-methoxy ethanol 5000
000120-82-1 1,2,4 trichlorobenzene 5000
000122-66-7 Diphenyl hydrazine 5
000127-18-4 Perchloroethylene 1000
000302-01-2 Hydrazine 0.1
000542-75-6 1,3-dichloropropene 500
000593-60-2 Vinyl bromide 500
000625-31-0 4-penten-2-ol 500
001336-36-3 Polychlorinated biphenyls (PCBs)** 0.1
001395-21-7 Subtilisins 0
001746-01-6 2,3,7,8 TCDD TEF*
Polychlorinated Dibenzodioxins**
Polychlorninated Dibenzofurans**
0.0001
002465-27-2 Auramine 0.1
007440-62-2 Vanadium 25
007550-45-0 Titanium tetrachloride 0.1
007632-00-0 Sodium nitrite 1000
007784-42-1 Arsine 25
009014-01-1 Subtilisins, fermentation product 0
018540-29-9 Chromium (VI) 0.1
- Pesticide, herbicide, rotenticide, insecticide*** 0
- Polycyclic organic matter (POM)** 1
- Cadmium compounds 25
- Manganese compounds 10
- Beryllium compounds 1
- Nickel compounds 10
- Diisocyanate compounds 25
- Mercury compounds 5
- Arsenic compounds 1
- Chromium compounds 250
- PTFE (decomposition) 0

* Toxic equivalency factor for dibenzodioxin and dibenzofuran defined by the USEPA
** See the definition in Part 200 of this Title
*** Aldrin/Dieldrin (000309-00-2), Chlordane (000191-24-2 and 012789-03-6), DDE (000072-55-9), DDT (000050-29-3), Heptachlor (000076-44-8), Hexachlorobenzene (000118-74-1), Isodrin (000465 73-6), Methoxychlor (000072-43-5), Octachlorostyrene (029082-74-4), Pendimethalin (040487-42-1), Pentachlorobenzene (000608-93-5), Tetrabromobisphenol A (000079-94-7), Toxaphene (008001-35-2), Trifluralin (001582-09-8)

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