Air Pollution Control Permit Program: Is This Project Major or Minor
Major Projects:
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Air pollution control projects are administered under the Uniform Procedures Act (UPA), Article 70 of the Environmental Conservation Law, and its implementing regulations, 6 NYCRR Part 621.
In accordance with UPA, permit applications are categorized as either major or minor projects.
- Except for minor modifications and administrative amendments to Title V Facility Permits, all federally delegated permits are UPA major projects.
- In addition, the following are UPA major projects; all others are UPA minor projects:
- Projects involving the construction of any new major stationary source of air pollutants as defined under Part 201 in accordance with federal regulations.
- Major stationary sources under Part 201 are those which exceed the quantity for the contaminants listed below in the affected area of the emission:
| Classification of Area by Contaminant |
Affected Area, by County | Contaminant & Quantity (in tons per year) |
|---|---|---|
| Attainment Area for Regulated Air Pollutants1 |
Areas not specifically listed in any of the areas classified as Non-attainment. |
CO...................................100 PM-10...................................100 NOx...................................100 VOC...................................100 |
| Moderate Non-attainment Area for CO | Bronx, Kings, Nassau, New York2, Queens, Richmond3, Westchester | CO..................................100 |
| Moderate Non-attainment Area for PM-10 | New York | PM-10..................................100 |
| Ozone Transport Region/ Moderate Non-attainment Area for NOx & VOC | All of New York State except areas listed as Severe Non-attainment Area for NOx & VOC | NOx ..................................100 VOC ..................................50 |
| Severe Non-attainment Area for NOx & VOC | Bronx, Kings, Lower Orange County Metropolitan Area4, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester | NOx ..................................25 VOC ..................................25 |
| Notes: 1 Carbon Monoxide (CO), Particulate Matter (PM-10), Oxides of Nitrogen (NOx), & Volatile Organic Compounds (VOC) 2 New York County = New York City borough of Manhattan 3 Richmond County = New York City borough of Staten Island 4 Towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick and Woodbury |
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- Projects subject to major new source preconstruction permitting under Part 231 (Non attainment Areas) or the federal Prevention of Significant Deterioration (PSD) regulations under 40CFR 52.21 (Attainment Areas).
- Projects subject to Title V Facility Permit requirements under Part 201 including: initial permitting of subject facilities, significant permit modifications and permit renewals.
- Projects requiring the use of federally enforceable emission limitations or caps that will be established in permit conditions and where the proposed project involves:
- the construction of a new facility, or the construction of new emission sources or modifications at an existing facility, and
- the limitations are intended to restrict the annual potential to emit of the facility to avoid major stationary source classification described under (a) above, or one or more emission units in order to avoid more stringent emission controls required for projects described under (b) above, that would otherwise apply.
- Projects involving emission sources subject to National Emission Standards for Hazardous Air Pollutants (NESHAPS) under 40CFR 61, except for emission sources subject to 40CFR Part 61 Subpart M - National Emission Standards for Hazardous Air Pollutants (HAPS) for Asbestos, Section 61.146, Standards for Demolition and Renovation (see Table 3 in 6NYCRR Part 200).
- Projects involving the construction of new facilities with emission sources subject to National Emission Standards for Hazardous Air Pollutants under 40 CFR Part 63 (See Table 4 in 6NYCRR Part 200.
