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Air Pollution Control Permit Program


It is the policy of the State of New York to:

"maintain a reasonable degree of purity of the air resources of the state, which shall be consistent with the public health and welfare and the public enjoyment thereof, the industrial development of the state, the propagation and protection of flora and fauna, and the protection of physical property and other resources, and to that end to require the use of all available practical and reasonable methods to prevent and control air pollution."

The Department of Environmental Conservation has administered an extensive air pollution control permitting program for more than 20 years. Big changes, however, came into effect as a result of the federal Clean Air Act Amendments (CAAA) of 1990.

Title V of the CAAA established a facility-based operating permit program combining all regulated emission sources at a facility into a single comprehensive permit. Title V Permits are required for all facilities with air emissions greater than major stationary source thresholds.

NYS then enacted amendments to Environmental Conservation Law Articles 19 (Air Pollution Control) and 70 (Uniform Procedures), and DEC amended regulations 6NYCRR Parts (all links below leave DEC website.)

  • 200 (General Provisions),
  • 201 (Permits and Certificates),
  • 621 (Uniform Procedures) and
  • 231 (New Source Review in Non attainment Areas and Ozone Transport Regions).

With this demonstration of authority, DEC received delegation of the Title V operating permit program from the US Environmental Protection Agency (EPA).

Today's air pollution control permitting program combines the federal air operating permitting program with long-standing features of the state program (i.e., preconstruction permitting requirement and assessment of environmental impacts pursuant to the State Environmental Quality Review Act, (SEQR)).

  • For each major stationary source facility, DEC issues a Title V Facility Permit, a comprehensive permit containing all regulatory requirements applicable to all sources at the facility.
  • For each non-major source, DEC issues a State Facility Permit.
  • In addition to facility permitting, the regulatory changes provide for Facility Registration for selected types of operations as defined in the regulations. A Facility Registration requires that emission source owners notify the Department, provide information regarding their operations and satisfy requirements in regulation, but are not required to obtain a permit. See the Air Permitting Resource Page for more information on registrations.

More about Air Pollution Control Permit Program:

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    Division of Environmental Permits
    4th Floor
    625 Broadway
    Albany, NY 12233-1750
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