N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.2

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

Section 231-2.2 - Applicability

The subdivisions of this section are to be considered in determining if, or to what extent, the requirements of any section of this Subpart apply to any emission unit (including any exempt or trivial activity as defined in Part 201 of this Title), which is part of a proposed source project or proposed major facility, or to any emission unit, area source, mobile source, or other source which is used to establish an ERC. Any emission unit subject to this Subpart must also comply with State facility or title V permitting requirements, as applicable, pursuant to Part 201 of this Title.

(a) Applicability to emission increases in any nonattainment area and attainment portions of the ozone transport region. Any emission unit (including any exempt or trivial activity as defined in Part 201 of this Title) which emits any nonattainment contaminant is subject to this Subpart if:

(1) a permit action for such emission unit occurs on or after November 15, 1992; or an exempt or trivial activity is constructed on or after November 15, 1992 and prior to February 19, 2009; and

(2) it is part of a proposed major facility for any such nonattainment contaminant, including any major electric generating facility subject to article X of the Public Service Law, or any major steam electric generating facility subject to article VIII of the Public Service Law; or

(3) at an existing non-major facility, it is part of a proposed source project which, by itself, has a project emission potential of any such nonattainment contaminant equal to or greater than the corresponding major facility size threshold in section 231-2.12 or 231-2.13 of this Subpart; or

(4) at an existing major facility, it is part of a significant source project for any such nonattainment contaminant which results in a significant net emission increase for that nonattainment contaminant. For emissions of VOC or NO _x in the severe ozone nonattainment area, special rules apply as set forth in subdivision (b) of this section. If the emission unit is part of a significant source project which does not result in a significant net emission increase, the emission unit remains subject to the applicable provisions of sections 231-2.3, 231-2.4, 231-2.6, and 231-2.7 of this Subpart.

(b) Severe ozone nonattainment area; special rules. For emissions of VOC or NO _x only, any emission unit which is part of a significant source project which results in a significant net emission increase as identified in paragraph (a)(4) of this section is also subject to the following requirements:

(1) At an existing major facility, if the facility emission potential of VOC or NO _x is less than 100 tons per year:

(i) an emission offset of the project emission potential at a ratio of at least 1.3 to 1 is required, except that best available control technology (BACT) may be substituted for LAER; or

(ii) if the project emission potential is internally offset at a ratio of at least 1.3 to 1, the proposed source project is exempt from the requirements of BACT and an emission offset, but is subject to sections 231-2.3, 231-2.4, 231- 2.8 and 231-2.10 of this Subpart.

(2) At an existing major facility, if the facility emission potential of VOC or NO _x is 100 tons per year or more:

(i) both an emission offset of the project emission potential at a ratio of at least 1.3 to 1 and LAER are required; or

(ii) if the project emission potential is internally offset at a ratio of at least 1.3 to 1, the proposed source project is exempt from the requirements of LAER and an emission offset, but is subject to sections 231-2.3, 231-2.4, 231- 2.8 and 231-2.10 of this Subpart.

(c) Fugitive emissions. For the purposes of this Subpart, the fugitive emissions of a facility shall be included in determining whether the facility is major if the facility belongs to one of the following source categories:

(1) coal cleaning plants (with thermal dryers);

(2) kraft pulp mills;

(3) portland cement plants;

(4) primary zinc smelters;

(5) iron and steel mills;

(6) primary aluminum ore reduction plants;

(7) primary copper smelters;

(8) municipal solid waste incineration facilities (or combinations thereof) capable of charging more than 50 tons of refuse per day;

(9) hydrofluoric, sulfuric, or nitric acid plants;

(10) petroleum refineries;

(11) lime plants;

(12) phosphate rock processing plants;

(13) coke oven batteries;

(14) sulfur recovery plants;

(15) carbon black plants (furnace process);

(16) primary lead smelters;

(17) fuel conversion plants;

(18) sintering plants;

(19) secondary metal processing plants;

(20) chemical processing plants;

(21) fossil fuel-fired boilers (or combinations thereof) totaling more than 250 million British thermal units per hour of heat input;

(22) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(23) taconite ore processing plants;

(24) glass fiber manufacturing plants;

(25) charcoal production plants;

(26) fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour of heat input;

(27) any other stationary source category referenced in sections 200.9, Table 1, and 200.10, Tables 2 and 3 of this Title.

(d) Exemptions.

(1) Any applicant for a proposed source project or proposed major facility subject to this Subpart may petition the department and the administrator of the United States Environmental Protection Agency, in accordance with 42 U.S.C. section 7511a(f) (see Table 1, section 200.9 of this Title), for a determination that reductions in emissions of NO _x from the proposed source project or proposed major facility would not produce net ozone air quality benefits in the nonattainment area or ozone transport region. To the extent that such a petition is granted by both the department and the administrator, the requirements of this Subpart for the proposed source project or proposed major facility with respect to emissions of NO _x shall not apply.

(2) Any emission unit which is to be operated for one year or less, and is determined not to be a significant action in accordance with the procedures contained in Part 617 of this Title, is not subject to this Subpart. Any permit representing such an emission unit shall include enforceable conditions to prohibit operation beyond one year. Relocation of the emission unit will not constitute a basis for extension or recommencement of the one-year period. If the owner of the emission unit proposes to continue operation beyond one year, the emission unit shall be subject to this Subpart. Operation of the emission unit shall not continue beyond one year until the applicant has demonstrated compliance with this Subpart and received approval for such continued operation.

(3) If an applicant for a proposed source project or proposed major facility which would be subject to this Subpart proposes enforceable permit conditions which reduce the project emission potential or facility emission potential such that the proposed source project or proposed major facility is not subject to this Subpart according to any applicability criterion contained in subdivision (a) of this section, the requirements of this Subpart shall not apply.

(4) The addition, replacement, or use of a pollution control project at:

(i) an existing electric utility steam generating unit shall not be subject to this Subpart if the applicant demonstrates to the department's satisfaction that such action:

(a) will not render the unit less environmentally beneficial; and

(b) will not result in a significant net increase in representative actual annual emissions of a nonattainment contaminant over levels used for that emission unit in the most recent air quality impact analysis in the area conducted for State Implementation Plan (SIP) purposes; and

(c) will not cause or contribute to a violation of a national ambient air quality standard (NAAQS); or

(ii) any emission unit other than an electric utility steam generating unit shall not be subject to this Subpart if the applicant demonstrates to the department's satisfaction that such action:

(a) will not render the unit less environmentally beneficial; and

(b) will not result in a collateral increase in emissions of a nonattainment contaminant which exceeds the appropriate significant source project threshold; or for any such increase, emission offsets at a ratio of 1:1 have been obtained; and

(c) will not cause or contribute to a violation of a NAAQS.

(5) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project shall not be subject to this Subpart if the project complies with:

(i) the New York SIP; and

(ii) any other requirements necessary to attain and maintain any NAAQS during the project and after it is terminated.

(6) The replacement of an emission source with similar equipment using the same or new emission stack shall not be subject to this Subpart provided there is no increase in the maximum annual potential of the emission unit representing the emission source. Similarly, the relocation of an emission source within the same facility is exempt from this Subpart. However, such a relocation must satisfy all other applicable Parts of this Title and result in acceptable air quality impacts pursuant to section 200.6 of this Title.

(e) Applicability to emission reductions. Emission reductions through facility shutdown, emission unit shutdown, curtailment, over-control of emissions beyond an applicable limit, source reduction, and emission reductions associated with mobile sources or demand side management efforts are eligible for certification as ERCs in accordance with the provisions of section 231-2.6 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.2