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Air Pollution Control Permit Program: Application Procedures

Application Assistance

Contact your DEC regional Permits office with questions about completing the application form and other required information for your application.

Keep plans flexible until DEC staff review your proposal and comment on its conformance with permit standards. Be willing to adjust your project. On occasion, minor changes in layout can avoid disagreements and delays and, in some cases, eliminate the need for a permit.

Applicants proposing complex, multi-residential, commercial or industrial projects are strongly encouraged to schedule a pre-application conference. This meeting with DEC allows the applicant to clarify project objectives and obtain DEC's recommendations. Such feedback can improve the project environmentally and shorten the application procedure.

Schedule a pre-application conference by contacting the appropriate DEC regional office and asking for the Regional Permit Administrator in the Division of Environmental Permits, or the Regional Air Pollution Control Engineer in the Division of Air Resources.

Further assistance with air regulatory requirements and completing applications is available to small businesses through the Small Business Compliance and Technical Assistance Program located at NYS Empire State Development and NYS Environmental Facilities Corporation.

Information needed prior to pre-application meeting

Submit the following information to the Regional Air Pollution Control Engineer at least one week prior to the meeting (unless otherwise noted).

  • Agenda of items applicant wishes to discuss at the meeting
  • List of people attending
  • Summary of proposed project
  • Location of the new or modified facility
  • Anticipated air contamination sources and their associated pollution controls and air contaminant emission rates
  • State air pollution control regulation applicability
  • NESHAP / NSPS applicability
  • New Source Review (NSR) applicability - 6 NYCRR Part 231
    • List of nearby facilities that could be considered support facilities or are under common control
    • Modeling Protocol (not applicable if modeling is not required)
    • Company's plans to address pre-construction monitoring if required by 6 NYCRR Part 231
  • Anticipated dates to begin construction and operation

Items to discuss at the pre-application meeting

  • Air Permit Application Forms required in the application
  • Whether or not a Professional Engineer (PE) stamp will be required for the application
  • Clarify the permitting process for the company
  • Site-specific issues
  • Emission rate estimates and calculation methodology
  • Control technologies that are anticipated/acceptable
  • Potentially applicable requirements
    • State air pollution control regulation applicability
    • NESHAP / NSPS applicability
    • New Source Review (NSR) applicability - 6 NYCRR Part 231
  • Identify similar permitting examples
    • Monitoring, testing, recordkeeping
    • Economic feasibility
  • Establish communication expectations, procedures and responsibilities
  • Confidentiality
  • Allowable pre-permit activities (if any)
  • Establish a tentative timeline for the review process

Application Checklist for Air State Facility and Air Title V Facility

Required items include:

  1. The Air Permit Application Form (PDF) and Air Permit Application Instructions (PDF) are available on DEC's website.
    • For a given application, not all data listed on the form will be required. Generally, only the information needed to support a regulatory requirement or a proposed permit limitation, or to demonstrate a compliance strategy is required.
    • Speed review and ensure data quality: submit the application form in an electronic format acceptable to the Department.
    • Two copies (either disk or paper format) of the application form and all supporting documentation must be submitted. Two paper copies of Sections I and II (comprising page 1 of the application form) and two paper copies of the NY State P.E. certification, when required, must be provided.
  2. Environmental Assessment Form (EAF).
    • In accordance with the State Environmental Quality Review Act (SEQR), an application is not complete until a properly completed environmental assessment form has been submitted, a lead agency has been established, and a negative declaration or a conditioned negative declaration has been filed or a draft environmental impact statement has been accepted by the lead agency.
    • Refer to the Department's SEQR webpage for additional information on environmental impact assessment.
    • SEQR Forms are available on DEC's website.
      • If the project is an Unlisted Action, submit a completed Part 1 of a Short Environmental Assessment Form.
      • If the project is a Type I Action, submit a completed Part 1 of a Full Environmental Assessment Form.
  3. Structural / Archaeological Assessment Form (SAAF).
    • In accordance with the State Historic Preservation Act (SHPA), the application is not complete until a determination has been made concerning the impact of the project on properties listed on or eligible for listing on the State or National Register of Historic Places.
    • Submit a completed Structural Archaeological Assessment Form (PDF), available on DEC's website. In some cases, a cultural resource survey, including a field study of archaeological or historic features may be needed.
  4. Other information. DEC staff may require additional information to adequately review and determine that an application is complete. Even after declaring the application complete, DEC may require further information to make a final decision on the application. An applicant will be notified of what information is necessary for submission before a final decision can be reached on the application.

Application Fees

While no fees are charged for review of air pollution control permit applications, Environmental Program Regulatory Fees (air pollution program fees and operating permit program fees) are billed annually by the Department, based on the nature of the facility, the type of authorization, and the amount of contaminants emitted. See 6 NYCRR Part 482.

Time Frames

For additional information, see our webpage Getting An Environmental Permit.

Remember, Contact DEC Early in Your Planning and be flexible - Let us help you!

Eliminate multiple mailings, multiple reviews, and misunderstandings by seeking clarifications from DEC staff at the planning stages of the project, and by submitting accurate, complete information. Be flexible in the early stages of planning until regulatory staff have had a chance to review and comment on your plans with respect to the regulatory standards required by law.

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