N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-6.6

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

Section 201-6.6 - Permit renewal and modification

(a) 'Expiration and renewal'. The following procedures shall apply when title V facility permits are renewed or expire:

(1) Permits that are being renewed are subject to the same procedural and review requirements, including those for public participation and affected State and EPA review that apply to initial permit issuance. Renewal applications must include any revisions or modifications enacted during the previous permit term.

(2) Permit expiration terminates the major facility's right to operate unless a timely and complete renewal application has been submitted consistent with section 201-6.2(a) of this Subpart.

(3) If the department fails to act in a timely way in the renewal of a permit, the administrator may invoke the authority under section 505(e) of the act to terminate, modify or revoke and reissue a permit.

(4) The department shall take final action upon permit renewal within 18 months of receipt of a complete application. If the department fails to take final action on a renewal application within 18 months of the receipt of a complete application, such failure to act shall be treated as a final agency action solely for the purposes of judicial review for failure to take final action.

(5) All the terms and conditions of a permit shall be automatically continued pending final determination by the department on a request for permit renewal, provided the facility owner or operator has made a timely and complete application and paid the required fees.

(b) 'Administrative permit amendments'.

(1) Administrative amendments to title V facility permits include the following changes:

(i) correction of typographical errors;

(ii) identification of a change in the name, address, or phone number of any person identified in the permit or a similar minor administrative change at the source;

(iii) those requiring more frequent monitoring or reporting by the permittee;

(iv) those allowing for a change in ownership or operational control of a facility where the department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the department; or

(v) incorporation into the permit of the requirements from a State facility permit issued by the department provided that public participation pursuant to Part 621 of this Title, and the EPA and affected State review process for the state facility permit were equivalent to the review process and compliance requirements necessary for issuance of a title V facility permit.

(2) the request for an administrative permit amendment shall be reviewed and acted upon by the department in accordance with the time frames and procedures established in Part 621 of this Title and subparagraph (i) of this paragraph. Administrative permit amendments for the purposes of the acid rain portion of the permit shall be governed by regulations promulgated under title IV of the act. The department may incorporate such changes into the permit without providing notice to the public or affected states provided that it designates any such permit revisions as having been made pursuant to this paragraph.

(i) Within 15 days of receipt of a request for an administrative permit amendment, the department shall take final action on such request, and may incorporate such changes without providing notice to the public or affected states provided that it designates any such permit revisions as having been made pursuant to this section.

(ii) The department shall make a copy of the revised permit available to the administrator.

(iii) The owner or operator of a facility may implement the changes addressed in the request f or an administrative amendment after 15 days from receipt of the request by the department.

(3) The department shall, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in section 201-6. 4 of this Subpart. The department shall also allow such coverage for administrative permit amendments made pursuant to subparagraph (1)(v) o f this subdivision, provided the state facility permit met the relevant requirements of this Part for significant permit modifications.

(c) 'Minor permit modifications'.

(1) Minor permit modification procedures may be used only for those permit modifications that do not exceed the criteria under subparagraphs (i) through (v) of this paragraph. In no case shall a facility that has been issued multiple permits be allowed to make minor permit modifications which, in the aggregate, would be a significant permit modification if the facility had been issued a single permit, unless such facility complies with all the requirements for a significant modification.

(i) Do not violate any applicable requirement.

(ii) Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit and are not otherwise a significant change in the permit.

(iii) Do not require or change a case-by-case determination of a Federal emission limitation or other Federal standard, or a specific determination for portable sources causing adverse ambient impacts, or a visibility or increment analysis.

(iv) Do not seek to establish or change a permit term or condition that the facility has assumed to avoid an applicable requirement to which the emission source would otherwise be subject. Such terms and conditions include:

('a') a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of title I of the act or Part 231 of this Title; or

('b') an alternative emissions limit approved pursuant to the early reduction program under section 112 of the act.

(v) Are not modifications under any provision of title I of the act, resulting in an NSR major modification as defined and regulated under Part 231 of this Title.

(2) Notwithstanding paragraphs (1) and (9) of this subdivision, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emission trading, and other similar approaches to the extent that such minor permit modification procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by the administrator.

(3) An application for a minor permit modification shall meet the requirements of section 201-6 .2 (d) of this Subpart, and shall provide the following information:

(i) a description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(ii) certification by a responsible official, consistent with this Subpart, that the proposed modification meets the criteria contained herein for use of minor permit modification procedures and a request that such procedures be used;

(iii) completed forms for use in notifying the administrator and affected states; and

(iv) the major facility's suggested draft permit in a format acceptable to the department.

(4) The department will review and act on applications for minor permit modifications in accordance with timeframes and procedures established for minor projects under Part 621 of this Title. Upon application by an owner or operator for a minor permit modification, the department shall determine whether or not such application is complete within 15 days after receipt of such application and notify the applicant as required under Part 621 of this Title.

(5) The facility may proceed with the requested modification upon receipt of a notice of complete application from the department confirming that the modification is minor. If the department f ails to issue such notice, the application shall be deemed complete by default on the 15th day after receipt of the application and the permittee may proceed with the requested modification on the 25th day after the date that the department received the application. After the facility or operator makes the change and until the department takes final action, or notifies the permittee that the requested modification does not meet the minor modification criteria, or that EPA objects to the modification requested, the facility must comply with both the applicable requirements governing the change and any proposed permit terms and conditions. During this time period, the facility need not comply with the existing permit terms and conditions it seeks to modify. However, if the facility fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

(6) The department shall provide the notice of complete application, or provide an alternate form of notification approved by the administrator, to the administrator and affected states on or before the date that the applicant is notified. Such notification is not required if the modification involves only emission units or permit terms and conditions that are not subject to any applicable requirement.

(7) The department must issue a final decision on a minor modification request not later than 45 day s after the date that the application was complete. However, the department may not issue a final permit modification until 45 days have elapsed from the date that the department notified the administrator under paragraph (6) of this subdivision or until the administrator has notified the department that they will not object to issuance of the permit modification, whichever occurs first.

(8) The permit shield described in section 201-6.4 of this Subpart does not extend to minor permit modifications.

(9) The department may process groups of applications for minor permit modifications simultaneously.

(d) 'Significant permit modifications'. Significant permit modifications are those that are not minor permit modifications or administrative permit amendments. Every significant change in existing monitoring permit terms or conditions, and every relaxation of reporting or recordkeeping permit terms or conditions at a facility subject to this Subpart shall be considered significant. An application for permit modification should be submitted by the owner or operator, and shall be subject to the provisions of this Subpart for new applications for a permit.

(e) 'Reopenings for cause by EPA'.

(1) If the administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to section 201-6.4 of this Subpart, the administrator will notify the department and the permittee of such finding in writing.

(2) The department shall, within 90 days after receipt of such notification, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The administrator may extend this 90-day period for an additional 90 days if the administrator finds that a new or revised permit application is necessary or that the department must require the permittee to submit additional information.

(3) The administrator will review the proposed determination from the department within 90 days of receipt.

(4) The department shall have 90 days from receipt of an EPA objection to resolve any objection that EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with the administrator's objection.

(5) If the department fails to submit a proposed determination pursuant to paragraph (2) of this subdivision or fails to resolve any objection pursuant to paragraph (4) of this subdivision, the administrator will terminate, modify, or revoke and reissue the permit after taking the following actions:

(i) providing at least 30 days' notice to the permittee in writing of the reasons for any such action. This notice may be given during the procedures in paragraphs (1) through (4) of this subdivision;

(ii) providing the permittee an opportunity for comment on the administrator's proposed action a n d an opportunity for a hearing.

(f) 'Surrender of title V facility permits'. A source owner or operator may close down operations and surrender title V permit(s) to the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-6.6

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