N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 219-9.3

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

Section 219-9.3 - Compliance/closure schedules

Owners or operators of applicable SSI units must achieve full compliance with the requirements of 40 CFR part 60, subpart MMMM (see Table 2, section 200.10 of this Title), and this Subpart by either complying with one of the two schedules specified in subdivisions (a) and (b) of this section, or permanently closing the SSI unit as specified in subdivision (c) of this section.

(a) One year compliance schedule. If compliance will be achieved less than one year after State plan approval, the two increments of progress specified in paragraphs (1) and (2) of this subdivision must be met.

(1) Submit a final control plan to the department's appropriate regional air pollution control engineer for review and approval by the earlier of the following two dates: three months after State plan approval, or September 21, 2012. The final control plan must include:

(i) a description of the proposed air pollution control devices that will be installed and process changes that will be used to comply with the emission limits, standards and other requirements of this Subpart;

(ii) the type(s) of waste that is(are) proposed to be combusted, if waste other than sewage sludge is combusted in the unit;

(iii) the maximum design capacity of the SSI;

(iv) if applicable, the petition for site-specific operating limits pursuant to 40 CFR part 60.5175 (see Table 2, section 200.10 of this Title).

(2) Achieve full compliance with approved final control plan and requirements of 40 CFR part 60, subpart MMMM (see Table 2, section 200.10 of this Title), by the earlier of the following two dates: 12 months after State plan approval, or June 21, 2013.

(b) Extended compliance schedule. If compliance will be achieved more than one year after State plan approval, the five increments of progress specified in paragraphs (1) through (5) of this subdivision must be met.

(1) Submit a final control plan which contains an extended compliance schedule to the department's appropriate regional air pollution control engineer for review and approval by the earlier of the following two dates: three months after State plan approval, or September 21, 2012. The final control plan must include:

(i) a description of the proposed air pollution control devices that will be installed and process changes that will used to comply with the emission limits, standards and other requirements of this Subpart;

(ii) the type(s) of waste that is(are) proposed to be combusted if waste other than sewage sludge is combusted in the unit;

(iii) the maximum design capacity of the SSI;

(iv) if applicable, the petition for site-specific operating limits under 40 CFR part 60.5175 (see Table 2, section 200.10 of this Title).

(2) Contracts must be awarded and purchase orders must be issued for emission control systems, installation, and process modifications and the acquisition of required component parts by the earlier of the following two dates: nine months after State plan approval, or March 21, 2013.

(3) Process changes and the on-site construction or installation of emission control equipment must be initiated by the earlier of the following two dates: 15 months after State plan approval, or September 21, 2013.

(4) Process changes and on-site construction or installation of emission control equipment must be completed by the earlier of the following two dates: 32 months after State plan approval, or by November 21, 2015.

(5) Full compliance with the approved final control plan and requirements of 40 CFR part 60, subpart MMMM (see Table 2, section 200.10 of this Title), must be achieved by the earlier of the following two dates: 36 months after State plan approval, or March 21, 2016.

(c) Final closure schedule. Owners or operators of an applicable SSI unit that plan to cease operation must submit a closure notification, including the planned date of closure, to the department's appropriate regional air pollution control engineer for approval by the earlier of the following two dates: three months after State plan approval, or September 21, 2012. Permanent closure of an applicable SSI unit must occur by the earlier of the following two dates: 36 months after State plan approval, or March 21, 2016.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 219-9.3