N.Y. Comp. Codes R. & Regs. tit. 6 § 209.6

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

Section 209.6 - Compliance

(a) Within 90 days after the effective date of this Part, or such later date as determined by the commissioner, no person will operate any primary aluminum reduction plant or anode bake plant which fails to comply with any applicable standard, visible emissions limitation or other requirement of this Part.

(b) Such determination of the commissioner will establish that compliance with the provisions of this Part must be accomplished within 30 months after the effective date of this Part. Such a determination extending the final compliance date beyond that otherwise required by subdivision (a) of this section can only be issued to an affected source for which an application for a permit to construct was received by the commissioner before October 24, 1974, and when the source owner or operator can demonstrate:

(1) unreasonable cost of control due to plant age, location or process design;

(2) physical impossibility of installing necessary control equipment within the allowable time; or

(3) other factors specific to the facility that make application of such a compliance schedule unreasonable.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 209.6