Department of Environmental Conservation

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Air Pollution Control Permit Program: Do I Need A Permit

Regulated Activities:

Owners and/or operators of existing or proposed air contamination sources are required to obtain a Title V Facility Permit, State Facility Permit, or Registration certificate for source construction and operation. Authorizations are for all sources at a facility, not for individual emission points.

Do Not Start A Project Before Obtaining A Permit!

You must obtain all necessary permits before commencing work on a project that requires any DEC permit. Persons commencing work on such a project before obtaining the required permits, and any contractors engaged in such work, are subject to enforcement actions by the DEC. Enforcement actions may include:

  1. Civil or criminal court action, or both,
  2. Fines, or
  3. An order to remove structures or materials or perform other remedial action, or both a fine and an order.

Exempt and Trivial Activities:

  • Exempt and Trivial Activities are listed in Subpart 201-3. (link leaves DEC website)
  • Exempt and Trivial Activities do not require either a Facility Registration or a State Facility Permit, (links leave DEC's website) but they are not exempt from other air pollution control regulations.
  • Exempt Activities must be listed in the Title V Facility permit application (link leaves DEC website). They may be subject to an applicable requirement, i.e.(link leaves DEC website), a standard or requirement in State or Federal regulations required as it applies to an emission unit or source.
  • Trivial Activities do not have to be listed in the Title V Facility permit application.
  • The owner and/or operator of an emission unit or source that is listed as an Exempt or Trivial Activity may be required to certify that it is properly operated within the specific criteria of the exemption, and must maintain on-site records.

  • Contact for this Page
    Division of Environmental Permits
    4th Floor
    625 Broadway
    Albany, NY 12233-1750
    Send us an email
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