N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-6.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 201-6.1 - Applicability

(a) Except as otherwise set forth herein, no person shall construct or operate any of the following facilities without first obtaining a title V permit.

(1) Any major facility, as defined under Subpart 201-2 of this Part.

(2) Any facility specifically required to obtain a title V permit by being subject to a standard, limitation, or other requirement under the Federal New Source Performance Standards (NSPS) in 4 0 CFR part 60, et seq.

(3) Any facility, including an area source, subject to a standard or other requirement regulating hazardous air pollutants under federal National Emission Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR parts 61 and 63 that is specifically required to obtain a title V permit by the administrator of the act. A facility is not required to obtain a title V permit solely because it is subject to regulations or requirements promulgated for the control of accidental releases of substances regulated under section 112(r) of the act.

(4) Any affected source as defined in Subpart 201-2 of this Part.

(5) Any facility in a category designated by the administrator and added by the department pursuant to rulemaking.

(b) The following facilities are deferred or exempt from the requirement to obtain a title V facility permit under this section but may be subject to the requirements of Subparts 201-4 or 201-5 of this Part.

(1) Facilities that are not major facilities, affected sources, solid waste incineration units required to obtain a permit pursuant to section 129 of the act, and facilities subject to a Federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants promulgated prior to July 21, 1992 are exempted from the requirement to obtain a title V facility permit under this section.

(2) The administrator will determine whether to exempt or defer any or all non-major facilities subject to a Federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants promulgated after July 21, 1992 from the requirement to obtain a title V facility permit at the time a new standard is promulgated. Facilities that qualify for permit deferrals shall not be required to apply for a title V facility permit until the administrator promulgates standards specifying a due date for applications and these standards are adopted by the department pursuant to rulemaking.

(3) The following facility categories are exempt from the obligation to obtain a title V facility permit under this section:

(i) all facilities that would be required to obtain a permit solely because they are subject to 4 0 CFR part 60, subpart AAA - Standards of Performance for New Residential Wood Heaters;

(ii) all facilities that would be required to obtain a title V facility permit solely because they are subject to a standard listed in Subpart 201-6.7 of this Part;

(iii) all facilities that would be required to obtain a permit under this section solely because they a re subject to 40 CFR part 61, subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, section 61.145, Standards for Demolition and Renovation; and

(iv) facilities that have accepted federally enforceable emission caps pursuant to Subparts 201-4 or 201-7 of this Part that restrict a facility's emissions to a level that is below the applicability threshold for having to obtain a title V facility permit.

(c) Any facility not required to obtain a permit pursuant to subdivision (a) of this section may opt to apply for a title V facility permit.

(d) A single title V facility permit will be issued for a facility with multiple emission sources, except up on request from an owner or operator for more than one permit. In no case shall the determination of whether a facility is subject to the requirement to obtain an operating permit according to this section be affected by the application for, or issuance of, more than one title V facility permit.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-6.1

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