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Express Terms Summary 6 NYCRR Parts 200 and 201

The New York State Department of Environmental Conservation (Department) is proposing to revise its Operating Permit Program found in Title 6 of Official Compilation of Codes, Rules and Regulation of the State of New York (6 NYCRR) Parts 200, General Provisions; and 201, Permits and Registrations (Part 201).

The Part 200 amendment replaces an outdated reference to the 1994 version of the National Toxicology Program's 'Report on Carcinogens' with the 2011 version of the report. In addition, several existing incorporations by reference will be added.

Section 201-1.4 is revised and reworded to more clearly state its requirements. A new Section 201-1.11 is added in order to establish regulatory requirements for temporary emission sources. General language allowing the Department to suspend, modify, revoke, reopen, or reissue air permits, consistent with 6 NYCRR Part 621, is relocated from other Subparts of Part 201 to a new Section 201-1.12. A new Section 201-1.13 is added to include a provision granting Department staff access to inspect any facility subject to the requirements of Part 201. A new section 201-1.14 is added to require owners and operators of facilities holding outdated certificates to operate to apply for a state facility permit or registration within 90 days of notification by the Department. Finally, a new Section 201-1.15 is added to require facility owners and operators to commence construction of permitted emission sources within 18 months of receiving a permit or registration from the Department.

The definition of major stationary source in Paragraph 201-2.1(b)(21) is revised to remove references to the "severe ozone nonattainment area" and include the specific affected areas. Paragraph 201-2.1(b)(24) is repealed. A new Paragraph 201-2.1(b)(24) is added to define a "portable emission source" as 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. Paragraph 201-2.1(b)(29) is repealed. A new Paragraph 201-2.1(b)(29) is added to define a "temporary emission source" as an emission source that is transient in nature and will be operated at a facility for a single period less than 90 consecutive days from the date of first operation, or an emission source that will be constructed and operated for less than 30 days per calendar year.

Subpart 201-3, Exemptions and Trivial Activities, is renamed as "Permit Exempt and Trivial Activities". Subdivisions 201-3.1(b) through 201-3.1(e) are repealed and replaced with new language to clarify their requirements. Paragraph 201-3.2(c)(1) is revised to clarify the specific types of combustion equipment that are exempt from permitting requirements. Paragraph 201-3.2(c)(2) is repealed and replaced with an exemption for certain space heaters using waste oil as a fuel. Paragraph 201-3.2(c)(3) is revised to remove references to the "severe ozone nonattainment area" and to allow for stationary or portable internal combustion engines using fuels other than diesel or natural gas to qualify for exemption. Paragraph 201-3.2(c)(4) is repealed and the paragraph number reserved to preserve the numerical order of the Section. Paragraph 201-3.2(c)(6) is revised to exclude stationary internal combustion engines used for demand response and/or peak shaving from the exemption. Paragraph 201-3.2(c)(13) is revised to remove references to the "severe ozone nonattainment area". Paragraph 201-3.2(c)(16) is revised to exempt all gasoline dispensing sites that are registered with the Department pursuant to 6 NYCRR Part 612 from air pollution control permitting. Paragraph 201-3.2(c)(17) is revised to clarify which surface coating activities are intended to be exempt and to remove references to the "severe ozone nonattainment area". Paragraph 201-3.2(c)(20) is revised to clarify that only landfill gas ventilating systems at landfills with design capacities less than 2.5 million megagrams and 2.5 million cubic meters are exempt. Paragraph 201-3.2(c)(21) is revised to include liquid asphalt storage tanks. Paragraph 201-3.2(c)(27) is revised to exclude raw material, clinker, and finished product silos at Portland cement plants. Paragraphs 201-3.2(c)(28) and 201-3.2(c)(29) are revised to clarify which sand and gravel and stone crushing plants qualify for exemption. Paragraph 201-3.2(c)(30) is repealed and the paragraph number reserved to preserve the numerical order of the Section. New exempt activities are added as Paragraphs 201-3.2(c)(46) through 201-3.2(c)(48). The new activities cover operations including: hydrogen fuel cells, certain dry cleaning equipment, and manure handling and spreading equipment at farms, respectively.

Paragraph 201-3.3(c)(29) is revised to clarify when an air stripper or soil vent qualifies as a trivial activity. New language is added to Paragraph 201-3.3(c)(33) to exclude bypass stacks and vents on incinerators and bypass stacks and vents that operate on a routine or frequent basis from the trivial activity. New language is added to Paragraph 201-3.3(c)(41) to include several additional types of solid waste handling equipment. Paragraph 201-3.3(c)(50) is deleted and its number reserved to preserve the order of the Section. New language is added to Paragraph 201-3.3(c)(53) that includes hand held spray guns with capacity less than three ounces in the trivial activity. Paragraph 201-3.3(c)(81) is revised to clarify the office equipment and products that are considered trivial for permitting purposes. Paragraph 201-3.3(c)(94) is revised to remove carbon dioxide, methane and propane from the list of trivial emissions. In addition, the reference to the seventh edition of the United States Department of Health and Human Services' Annual Report on Carcinogens is updated to the twelfth version of that document. A new Paragraph is added at 201-3.3(c)(95) to include emissions of carbon dioxide and methane that are not specifically regulated by a federal or state law or regulation as a trivial activity. Lastly, a new Paragraph 210-3.3(c)(96) is added that describes solvent cleaning of parts and equipment exclusively by hand wiping as trivial for the purposes of Part 201.

Section 201-4.1 is revised to clarify the applicability of Subpart 201-4. Paragraphs 201-4.1(a)(1) through 201-4.1(a)(4) are repealed. Paragraph 201-4.1(a)(5) is renumbered as Paragraph 201-4.1(a)(1) and revised to correct the reference to the cap-by-rule provisions which will be relocated as part of this rulemaking. A new Paragraph is added as 201-4.1(a)(2) that requires facilities, except for stationary or portable combustion installations, with annual actual emissions of any persistent, bioaccumulative, or toxic (PBT) compound less than the threshold listed in Table 1 of Subpart 201-9 to register with the Department. Subdivision 201-4.1(b) is repealed and replaced with new language allowing the Department to require a facility owner or operator that would otherwise qualify for registration to apply for a state facility permit within six months of notification by the Department. Section 201-4.2 is renamed as "General Requirements". Subdivisions 201-4.2(e) and 201-4.2(f) are repealed. A new Subdivision 201-4.2(e) is added limiting the term of new and modified registrations to 10 years from the date of issuance. A new Subdivision 201-4.2(f) is added granting the Department the authority to withdraw or revoke a registration in situations where the registered activity poses the potential for a significant adverse impact to the public health, safety, welfare, or the environment. A new Subdivision 201-4.2(g) is added to require owners and operators of facilities with a registration issued prior to the effective date of the proposed revisions to submit a renewal application within ninety days of notification by the Department. Section 201-4.3 is repealed and subsequent sections are renumbered accordingly. Section 201-4.4 is renumbered as Section 201-4.3 and renamed to "Application Content". Renumbered Subdivision 201-4.3(a) and its subsequent paragraphs are revised to reflect the current information the Department expects on all registration applications. A new Subdivision 201-4.3(b) is also added to provide the acceptable time frame for the submission of registration renewal applications. Section 201-4.5 is renumbered as Section 201-4.4. A new Subdivision 201-4.4(b) is added requiring facility owners and operators to notify the Department of a change in ownership within 30 days. The cap-by-rule provisions previously located in Section 201-7.3 are relocated to a new Section 201-4.5. This Section describes the thresholds, methods, and compliance requirements for facility owners and operators that choose to cap-by-rule in order to avoid major facility permitting.

Section 201-5.1 is revised to clarify when a facility owner or operator is required to apply for a state facility permit. Subdivisions 201-5.1(a) and 201-5.1(b) are revised to clarify the existing applicability criteria. Paragraphs 201-5.1(a)(3) and 201-5.1(a)(4) are repealed and replaced. Paragraph 201-5.1(a)(3) establishes permitting requirements for facilities with annual actual emissions of a PBT compound greater than or equal to the threshold listed in Subpart 201-9. New language is added as Paragraph 201-5.1(a)(4) requiring facilities with emissions in excess of the registration thresholds to apply for a state facility permit. Subdivision 201-5.1(c) is repealed. Section 201-5.2 is revised to more clearly describe what is required as part of a state facility permit application. Paragraph 201-5.2(b)(3) is repealed. Paragraph 201-5.2(b)(4) is renumbered as 201-5.2(b)(3) and revised to more clearly state which emission sources must be included in the facility description provided by the applicant. Paragraph 201-5.2(b)(5) is repealed. New Paragraphs are added as 201-5.2(b)(4) through 201-5.2(b)(7) to describe additional requirements for state facility permit applications. Paragraph 201-5.2(b)(6) is renumbered as 201-5.2(b)(8). New Paragraphs are added as 201-5.2(b)(9) and 201-5.2(b)(10) to list additional state facility permit application requirements. A new Subdivision 201-5.2(c) is added to describe the procedure and timeframes for submitting a state facility permit renewal application. Subdivision 201-5.3(a) is revised to limit the term of issuance for a new or modified state facility permit to 10 years. A new Subdivision 201-5.3(b) is added to require the owner or operator of an existing facility holding a state facility permit to submit a renewal application to the Department within 90 days of notification. Existing Subdivision 201-5.3(b) is renumbered as 201-5.3(c) and reworded to improve its clarity. Subdivisions 201-5.3(c) and 201-5.3(d) are repealed. Section 201-5.4 is repealed, and a new Section 201-5.4 entitled, "Permit modifications" is added to describe the procedures and requirements for requesting a modification of a state facility permit.

Section 201-6.1 is revised to clarify the applicability of Title V permitting to major facilities. Subdivision 201-6.1(b) is repealed, and subsequent Subdivisions are renumbered accordingly. Subparagraph 201-6.1(b)(2)(i) is renumbered as Paragraph 201-6.1(b)(2). Renumbered Subparagraphs 201-6.1(b)(2)(ii) and 201-6.2(b)(2)(iii) are repealed. New language is added as Subparagraph 201-6.1(b)(3)(ii) relieving facilities that EPA has permanently exempted from the requirement to get a Title V permit, and subsequent Subparagraphs are renumbered accordingly. Section 201-6.2 is repealed and subsequent Sections are renumbered accordingly. Renumbered Subdivision 201-6.2(a) is revised to remove references to the outdated transition plan requirements removed with Section 201-6.2. Accordingly, renumbered Paragraph 201-6.2(a)(1) is repealed and subsequent Paragraphs are renumbered accordingly. Renumbered Paragraphs 201-6.2(a)(1) through 201-6.2(a)(4) are revised to clarify the acceptable time frame for the submittal of Title V permit applications. Paragraphs 201-6.2(a)(5) and 201-6.2(a)(6) are repealed, and subsequent paragraphs are renumbered accordingly. Paragraph 201-6.2(a)(9) is repealed. Paragraph 201-6.2(b)(1) is revised to be consistent with the requirements of 6 NYCRR Part 621. Paragraph 201-6.2(b)(4) is repealed. Subdivision 201-6.2(c) is revised to remove references to the repealed transition plan. Subdivision 201-6.2(d) is revised to more clearly state the purpose of the Subdivision. New language is added as Subparagraphs 201-6.2(d)(3)(x) and 201-6.2(d)(3)(xi) to require a detailed process flow diagram and the physical parameters of each emission point with Title V permit applications, respectively. Paragraph 201-6.2(d)(7) is repealed and subsequent Paragraphs are renumbered accordingly. A new Subdivision 201-6.2(f) is added to describe what information is required on a Title V permit renewal application. A new Subdivision 201-6.2(g) is added to prohibit a facility owner or operator from omitting information from a permit application that is needed to determine the applicability of any requirements. A new Subdivision 201-6.2(h) is added to clearly state that a facility owner or operator may choose to accept an emission cap in order to avoid the requirement to obtain a Title V permit. Renumbered Paragraph 201-6.4(d)(3) is repealed, and subsequent Paragraphs are renumbered accordingly. Subdivision 201-6.4(g) is separated into Paragraphs 201-6.4(g)(1) and 201-6.4(g)(2), and Paragraphs 201-6.4(g)(1) through 201-6.4(g)(4) are renumbered as Subparagraphs 201-6.4(g)(2)(i) through 201-6.4(g)(2)(iv) respectively. Paragraph 201-6.5(a)(1) is renumbered as Subdivision 201-6.5(a). Paragraph 201-6.5(a)(2) is repealed. Subdivisions 201-6.5(d) and 201-6.5(e) are repealed. Subparagraph 201-6.6(c)(1)(v) is revised to be consistent with 6 NYCRR Part 231. Paragraph 201-6.6(c)(9) is revised to allow the Department to process groups of minor permit modifications for a single facility simultaneously. Subparagraphs 201-6.6(c)(9)(i) through 201-6.6(c)(9)(vi) are repealed. Renumbered Section 201-6.7 is renamed to "Appendix A - Area Sources Regulated by National Emission Standards for Hazardous Air Pollutants Permanently Exempted from Title V Permitting". Referenced federal National Emission Standards for Hazardous Air Pollutants 40 CFR 63.541 and 40 CFR 63.1500 are removed. Section 201-6.9 is repealed.

Section 201-7.1 is renamed "Emission capping in facility permits" and the existing language is repealed. New language is added as Subdivisions 201-7.1(a) through 201-7.1(h) that establishes the requirements for emission capping in facility permits. Section 201-7.2 is repealed. Section 201-7.3 is repealed.

Subdivision 201-8.2(b) is revised to be consistent with 6 NYCRR Part 621. Subdivisions 201-8.2(c) and 201-8.2(d) are repealed. Subdivision 201-8.3(d) is repealed. A new Subdivision 201-8.3(d) is added to allow the Department to request that a facility that would otherwise qualify for a general permit apply for a state facility permit instead.

A new Subpart 201-9 entitled "Tables" is added. Table 1 is added to this Subpart to contain the emission thresholds for 62 Persistent, Bioaccumulative and Toxic compounds.


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