N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-3.3

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

Section 231-3.3 - Exemptions

(a) Any applicant for a proposed new or modified facility which is subject to this Part may petition the department and the administrator of the United States Environmental Protection Agency, in accordance with 42 U.S.C. section 7511a(f), for a determination that net air quality benefits are greater in the absence of reductions of oxides of nitrogen from the facility. In addition, this Part shall not apply to facilities in nonattainment areas within the ozone transport region if the administrator determines, in accordance with section 7511a(f), that reductions of NO _x would not produce net ozone air quality benefits, or facilities in nonattainment areas outside the ozone transport region if the administrator determines, in accordance with section 7511a(f), that reductions of NO _x would not contribute to attainment of the national ambient air quality standard for ozone in the area. To the extent that such a petition is granted by both the department and the administrator, consistent with the act, the requirements of this Part for the proposed new or modified facility with respect to emissions of NO _x shall not apply.

(b) The facility is exempt from this Part if it is major based only on the addition of fugitive emissions and does not belong to one of the source categories listed in section 201-2.1(b)(21)(iii) of this Title.

(c) The provisions of Subparts 231-7 and 231-8 of this Part do not apply to a new or modified facility as follows:

(1) the facility or emission source is portable and has previously received a permit under requirements equivalent to those contained in this Part, if:

(i) the facility or emission source proposes to relocate and emissions of the facility or emission source at the new location would be for less than one year;

(ii) the emissions from the facility would not exceed its emission limit(s) established in a permit;

(iii) the emissions from the facility would impact no Federal class I area and no area where an applicable increment is known to be violated; and

(iv) reasonable notice is given to the department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice must be given to the department not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the department; or

(2) with respect to a particular regulated NSR contaminant, the facility is located in an area designated as nonattainment under section 107 of the act for that contaminant.

(d) For the purposes of Subparts 231-7 and 231-8 of this Part, if the emissions from a facility or modification would occur for less than one year and impact no Federal class I area, no area where an applicable increment is known to be violated, and would not contribute to known standards violations, then the requirements of Subparts 231-7 and 231-8 of this Part regarding source impact analysis and additional impact analyses, and section 231-12.3 (pre-application analysis for Subparts 231-7 and 231-8) of this Part, do not apply to a facility with respect to a particular regulated NSR contaminant.

(e) If an existing major facility owner or operator submits a Part 201 application that includes a proposed modification and a request for enforceable permit terms and conditions to restrict or cap facility wide emissions, in accordance with Subpart 201-7 of this Title, below applicable major facility thresholds, the modification is not subject to the requirements of this Part. The Part 201 State facility permit issued by the department must include all applicable requirements, including any control technology requirements and emission limitations that were in the title V permit.

(f) Any emission source which is to be operated for less than one year, is determined not to be a significant action in accordance with the procedures contained in Part 617 of this Title, and which has a project emission potential less than the applicable significant project threshold in table 3, table 4 or table 6 of Subpart 231-13 of this Part, is not subject to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-3.3