N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-1.2

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

Section 231-1.2 - Applicability

(a) The provisions of this Subpart are applicable to all air contamination source projects which meet the following conditions:

(1) the complete application for a permit to construct the air contamination source project is submitted after August 9, 1984 and is determined complete by the department in accordance with Part 621 of this Title before November 15, 1992;

(2) the facility at which the air contamination source project is proposed is located in an area designated as a nonattainment area when the application for the project is determined complete for the same air contaminant that the proposed air contamination source project would emit (for ozone nonattainment areas, this applies to projects that emit volatile organic compounds); and

(3) the annual actual emissions from the air contamination source project proposed at an existing major facility exceed the de minimis emission limits shown in section 231-1.9 of this Subpart; or

(4) the facility at which the air contamination source project is proposed is not a major facility, but the annual actual emissions from the proposed air contamination source project equal or exceed 100 tons per year of either particulates, sulfur dioxide, carbon monoxide, nitrogen oxides, or volatile organic compounds.

(b) The provisions of this Subpart are applicable to all air contamination source projects with annual actual emissions exceeding the de minimis emission limit for lead shown in section 231-1.9 of this Subpart, proposed at major lead facilities if the complete application for a permit to construct the air contamination source project is submitted after August 9, 1984 and the major lead facility is located in an area designated as nonattainment with ambient air quality standards for lead.

(c) Emission reductions at the same facility as the proposed air contamination source project may be considered to calculate the net increase in emissions which must exceed the de minimis emission limit for the project to be subject to this Subpart. Determination of the net emissions increase is subject to the following:

(1) To be considered, emission reductions must be of the same contaminant(s) to be emitted by the proposed air contamination source project.

(2) To be considered, emission reductions must have occurred within five years prior to the date of submittal of a complete application for a permit to construct the air contamination source project.

(3) An emission reduction which is considered in a net emission increase determination cannot be used again either to negate subsequent emission increases or as an emission offset, and must not have been used for demonstrating attainment with ambient air quality standards or reasonable further progress in a federally approved implementation plan.

(4) An emission reduction must have approximately the same qualitative significance for public health and welfare as that attributed to the air contaminant whose emissions are increased.

(5) Only potential emission increases and actual emission decreases are to be included in a net emissions increase determination.

(6) The net emissions increase calculated by considering actual emission reductions as well as proposed increases must also include past increases, as of five years prior to the date of submittal of a complete application for a permit to construct the air contamination source project, which did not exceed the de minimis emission limits when they were proposed.

(7) Any emission reductions used in a net emissions increase determination will be described in the conditions of approval on the permit to construct.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-1.2