N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-4.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 201-4.1 - Applicability

(a) Owners or operators of facilities with emission sources that are not exempt or trivial pursuant to Subpart 201-3 of this Part, and not otherwise required to obtain a permit pursuant to Subparts 201 -5 or 201-6 of this Part, are required to register with the department as specified in this Subpart. Such facilities include, but are not limited to:

(1) any facility which has annual actual emissions of regulated air contaminants, each of which do not exceed the appropriate threshold in section 201-4.5(a) of this Subpart, regardless of the facility's potential to emit for that contaminant; and

(2) any facility with annual actual emissions of all high toxicity air contaminants in an amount that is less than the thresholds listed in Table 1 of Subpart 201-9 of this Part. The facility's annual actual emissions of high toxicity air contaminants do not include emissions from stationary or portable combustion installations or activities considered to be exempt or trivial, as described in Subpart 201-3 of this Part.

(b) The owner or operator of a facility that otherwise meets the criteria in subdivision (a) of this section may be required to apply for a State facility permit pursuant to Subpart 201-5 of this Part if the department determines that permit conditions are necessary to ensure the facility's continuous compliance with one or more applicable requirements and/or the requirements of this Chapter. The facility owner or operator shall have six months from receipt of the department's determination to submit a complete permit application.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-4.1

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021