N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-4.5

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

Section 201-4.5 - Emission capping by rule

(a) 'Purpose'. The purpose of this section is to provide a method of establishing federally enforceable emission caps known as capping by rule. A facility may cap by rule as follows:

(1) 'Major Facility Thresholds'. To avoid the requirement for a Title V facility permit, the facility owner or operator must maintain actual emissions of each regulated air contaminant at less than 50 percent of the major facility thresholds, as described in Paragraph 201-2.1(b)(21) of this Subpart, during each 12-month period; and/or

(2) 'Applicable State Thresholds'. To avoid the control requirements of a state regulation, the facility owner or operator must maintain actual emissions of volatile organic compounds at less than 50 percent of an applicability threshold based on potential to emit in that regulation during each 12-month period.

(b) If the facility owner or operator determines that an emission limitation or requirement established by this section is unacceptable, the owner or operator must apply for either a State facility permit pursuant to Subpart 201-5 of this Part or a title V facility permit pursuant to Subpart 201-6 of this Part.

(c) The owner or operator of any facility subject to this section must maintain all required records on -site for a period of five years and make them available to representatives of the department upon request.

(d) The owner or operator of any facility that meets the criteria established pursuant to subdivisions (f), (g) and (h) of this section, and uses air pollution control equipment to comply with an emissions cap established pursuant to this section, shall operate and maintain such equipment in a manner consistent with manufacturer's specifications. If such control equipment is required by any other Part of this Chapter and would limit emissions to a greater degree than the thresholds established in this section then the more stringent emission limitation applies.

(e) The facility owner or operator must monitor and record process parameters to the extent necessary to determine actual emissions, including but not limited to the following:

(1) information on emission control equipment type and description, make a nd model, and emission sources served by the emission control unit;

(2) information on emission control equipment design, including where applicable: pollutant(s) controlled; control effectiveness; maximum design or rated capacity; inlet and outlet temperatures; concentrations of each pollutant controlled; catalyst data (type, material, life, volume, space velocity, ammonia injection rate and temperature); baghouse data (design, cleaning method, fabric material, flow rate, air/cloth ratio); electrostatic precipitator data (number of fields, cleaning method, and power output); scrubber data (type, design, sorbent type, pressure drop); other design data as appropriate; all emission source test information; and

(3) a monthly log of hours of operation including notation of any control equipment breakdowns, malfunctions, repairs, maintenance and any other deviations from design parameters.

(f) The owner or operator of any stationary combustion installation subject to this section must keep and maintain the following records:

(1) Records indicating the type and quantity of fuel combusted at the facility during every 12-month period. Facilities capable of using more than one fuel must also demonstrate that the actual emissions for every 12-month period do not exceed the thresholds listed in subdivision (a) of this section, based on the type and quantity of fuel used.

(2) Information on equipment type, make and model, maximum design process rate or maximum power input/output, all source test information, fuel heating value, percent sulfur for fuel oil, and a monthly log of hours of operation.

(g) The owner or operator of any facility that operates coating/solvent emission sources or uses a coating, solvent, ink, sealant or adhesive and is subject to this section must keep and maintain the following records:

(1) a current list of all coatings, solvents, inks, sealants and adhesives in use. This list must include: information on the manufacturer, brand, product name or code, VOC content in pounds per gallon, hazardous air pollutants (HAPs) content in pounds per gallon, or other manufacturer's product specifications;

(2) a description of equipment used during and after coating, solvent, ink sealant or adhesive application, including type, make and model; maximum design process rate or throughput; all emission control unit information as described in subdivision (e) of this section, as applicable, and a description of the coating/solvent application/drying method(s) employed;

(3) a monthly log of the consumption of each solvent (including solvents used in clean up and surface preparation), coating, ink, sealant and adhesive used and calculations showing compliance with the emission limits required by subdivision (a) of this section, as applicable. For the purpose of complying with this Subpart, all VOCs and HAPs consumed during the application of coatings, solvents, inks, sealants and adhesives are to be considered as being emitted to the atmosphere; and

(4) all purchase orders, invoices, and other documents to support the information in the monthly log.

(h) The owner or operator of a facility with general process, exhaust, or ventilation systems that are subject to this Section, but do not f it the classifications described in subdivision (f) or (g) of this section, must keep an d maintain the following records:

(1) information on the process and equipment including the following: equipment type, description, make and model; maximum design process rate or throughput, all emission control unit information as described in subdivision (e) of this section, as applicable;

(2) a monthly log of operating hours, each raw material used and its amount, each product produced and its production rate;

(3) purchase orders, invoices, and other documents to support information in the monthly log; and

(4) any additional information as requested by the department.

(i) The owner or operator of any facility subject to this section must apply for and obtain all necessary approvals prior to commencing any physical or operational change which will result in an increase in actual emissions above the emission limitations in subdivision (a) of this section. The facility will remain subject to all applicable requirements until a new emission cap is established in accordance with section 201-7.1 of this Part.

(j) A responsible official must verify annually through a review of required records and totaling of emissions information that the facility is eligible for regulation by this section and has operated in accordance with all requirements of this section. A record of this verification must be kept on-site for inspection by the department for five years, along with the emission estimates and their basis, showing compliance with this section. In any situation where the provisions of this section have not been or are not expected to be met, the facility owner or operator shall notify the department.

(k) If the owner or operator of the facility cannot demonstrate, through the use of the limitations and requirements described in this section, that the facility-wide emission totals for any 12-month period are be low the emission limits as specified in subdivision (a) of this section, the facility must demonstrate compliance with all applicable requirements the facility avoided pursuant to the provisions of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-4.5

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