N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-12.3

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

Section 231-12.3 - Pre-application analysis for subparts 231-7 and 231-8

(a) Prior to submitting an application for a permit in accordance with Subpart 231-7 and Subpart 231-8 of this Part, the applicant must provide an analysis of air quality data in the area that the proposed new or modified facility would affect for each of the following regulated NSR contaminants:

(1) for the new facility, each regulated NSR contaminant that would have the potential to emit in an amount equal to or greater than the applicable significant project threshold in table 6 of Subpart 231-13 of this Part; and

(2) for the modified facility, each regulated NSR contaminant that would result in a significant net emissions increase.

(b) With respect to any such regulated NSR contaminant from the list of applicable regulated NSR contaminants in section 231-12.4 of this Subpart for which no NAAQS exists, the analysis must contain such air quality monitoring data as the department determines is necessary to assess ambient air quality for that regulated NSR contaminant in any attainment area that the emissions of the source would affect.

(c) With respect to any such regulated NSR contaminant for which a NAAQS does exist, the analysis must contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that regulated NSR contaminant would cause or contribute to a violation of the standard or any maximum allowable increase in section 231-12.2(c)(3) of this Subpart.

(d) In general, the continuous air quality monitoring data that is required must have been gathered over a period of at least one year and must represent at least the year preceding receipt of the application, except that, if the department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year, but not less than four months.

(e) The owner or operator of a proposed new or modified facility involving the emissions of VOC who satisfies all other conditions of Subparts 231-7 and 231-8 of this Part may, when authorized by the department, provide post approval monitoring data for ozone in lieu of providing preconstruction monitoring data.

(f) Operations of monitoring stations. The owner or operator of a new or modified facility must meet the requirements of appendix B to 40 CFR part 58 and the NYSDEC policy, Oversight of Private Air Monitoring Networks, available from the department, during the operation of monitoring stations for purposes of satisfying applicable provisions of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-12.3