Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter III - AIR RESOURCESSubchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTIONPart 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES
Subpart 231-2 - REQUIREMENTS FOR EMISSION UNITS SUBJECT TO THE REGULATION ON OR AFTER NOVEMBER 15, 1992 AND PRIOR TO FEBRUARY 19, 2009
Section 231-2.3 - Prohibitions

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.3

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 231-2.3 - Prohibitions
(a) Construction prohibited. No person shall begin actual construction of a proposed source project or proposed major facility subject to this Subpart until a permit has been issued in accordance with Part 201 of this Title.
(b) Operation prohibited. No person shall commence operation of a proposed source project or proposed major facility requiring emission offsets until all the emission reductions being used as offsets have physically occurred.
(c) Certification of emission reductions.
(1) An emission reduction shall not be certified as an ERC unless the emission reduction is a past reduction or a future reduction as defined in section 231- 2.1 of this Subpart.
(2) Emission reductions resulting from the shutdown of an emission unit subject to Part 201 of this Title, but never issued a permit, shall not be certified as ERCs. However, unpermitted operational emission sources will be considered for ERCs subsequent to these sources being permitted in accordance with section 201-1.2 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.3