N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-11.1

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

Section 231-11.1 - Permit requirements for new major facilities, NSR major modifications, and netting

(a) 'Permit application requirements'. In addition to the application requirements under Part 201 of this Title the following information must be included in the permit application for any new major facility, NSR major modification, or facility netting out of applicability, required to obtain a permit pursuant to this Part:

(1) project description, location, design capacity, and typical operating schedule, including specifications and drawings showing its design and the plant layout, as applicable;

(2) a detailed schedule for construction, as applicable;

(3) applicable calculations and supporting documentation of potential-to-emit f or a new facility, and baseline actual emissions, projected actual emissions or potential-to-emit as applicable, project emission potential and net emissions increase determination for a modified facility. The information submitted must be sufficiently detailed to allow the department to verify the emissions calculation(s) and to determine the applicability status of the source with respect to this Part. If the calculation of projected actual emissions excludes emissions which an existing emission source could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, detailed documentation of the calculation of the excluded emissions must be provided at the time of permit application in order for the exclusion of those emissions to be allowed in determining future compliance; and

(4) proposed emission monitoring, recordkeeping and reporting provisions to establish compliance with the applicable requirements of this Part.

(b) 'General permit conditions and terms of issuance'. Any new major facility, NSR major modification or facility netting out of applicability subject to this Part must comply with the requirements of section 201-6.4(a) of this Title and the following:

(1) within 30 days of commencement of construction, the applicant must notify the department in writing that construction has begun; and

(2) the filing of a request by the permittee for a permit modification or renewal, or of a notification by the permittee of planned changes or anticipated noncompliance does not authorize the permittee to undertake any action without department approval. The permittee shall not begin actual construction or operate a new or modified facility without department approval in accordance with this Chapter. Operation in a manner other than authorized by a permit shall be grounds for enforcement.

(c) 'Permit conditions for monitoring'. Any permit issued in accordance with this Part must include the monitoring provisions required in section 201-6.4(b) of this Title.

(d) 'Permit conditions for recordkeeping and reporting of compliance monitoring'. Any permit issued in accordance with this Part must include the recordkeeping and reporting of compliance monitoring provisions required in section 201-6. 4(c) of this Title.

(e) 'Compliance certification'. Any permit issued in accordance with this Part must include the compliance certification provisions required in section 201-6.4(e) of this Title and, if applicable, submission of documentation that the actual measured emissions less those attributed to independent factors such as demand growth are below the permitted projected actual emissions limit.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-11.1

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/25/2021