N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-3.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 231-3.8 - Facility shakedown period

Upon commencement of operation, as defined in section 231-4.1(b)(13) of this Part, of a major facility or new or modified emission source(s) at an existing facility, the owner or operator is allowed a shakedown period for such major facility or modified emission source(s) according to the following provisions:

(a) The shakedown period shall not exceed 180 days from the date of commencement of operation. For existing facilities, each emission source included in the project may have a separate date for commencement of operation. The department may specify a shakedown period of less than 180 days in a permit.

(b) The total mass emissions during the shakedown period must be quantified, in a manner approved by the department, and are to be included in the calculation demonstrating compliance with the permitted annual limit in tons per year (tpy) of the facility or emission source(s).

(c) Emission limits other than annual emission limitations do not apply to a major facility or new or modified emission source(s) at an existing facility during the shakedown period. However, the owner or operator must make all reasonable efforts to minimize emissions during the shakedown period.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-3.8

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021