N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-5.2

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

Section 231-5.2 - Permit application content

The information required in a permit application is set forth in Part 201 of this Title and generally in Subpart 231-11 of this Part. The following information must also be included at the time the application is submitted to the department, unless otherwise specified:

(a) A certification that all emission sources which are part of any major facility located in New York State and under the applicant's ownership or control (or under the ownership or control of any entity which controls, is controlled by, or has common control with the applicant) are in compliance, or are on a schedule for compliance, with all applicable emission limitations and standards under Chapter III of this Title.

(b) An analysis of alternative sites, sizes, production processes, and environmental control techniques which demonstrates that benefits of the proposed new or modified facility significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification within New York State.

(c) A LAER analysis in accordance with section 231-5.4 of this Subpart.

(d) 'Emission offset information for VOC or NO_x'. At the time of the initial permit application or before the department issues a final permit determination, the applicant must submit:

(1) a list which identifies the source(s) of approved or proposed ERCs of VOC or NO_x that will be used as required emission offsets. This list must include the name and location of the facility, DEC identification number, if applicable, and the emission reduction mechanism ('i.e.', facility shutdown, emission unit shutdown, source reduction, curtailment, over control of emissions beyond an applicable limit). All the proposed ERCs must be certified prior to the issuance of the final permit; and

(2) a use of emission reduction credits form (duly completed and signed by the applicant and an authorized representative of the ERC seller) for each ERC source listed in paragraph (1) of this subdivision. Upon issuance of the permit for the proposed new or modified facility, the NYS ERC Registry will be amended to reflect that the ERCs are committed as emission offsets to the proposed new or modified facility; and

(3) for emissions of VOC or NO_x in an ozone nonattainment area, acceptable documentation of compliance with the contribution demonstration required pursuant to Subpart 231-12 of this Part.

(e) 'Emission off set information for PM-10 and PM-2.5 (including applicable precursors)'. The following information must be submitted at the time of the initial permit application:

(1) a list which identifies the source(s) of approved or proposed ERCs of PM-10 or PM-2.5 (including applicable precursors) that will be used as required emission offsets. This list must include the name and location of the facility, DEC identification number, if applicable, and the emission reduction mechanism ('i.e.', facility shutdown, emission unit shutdown, source reduction, curtailment, over control of emissions beyond an applicable limit);

(3) an air quality impact evaluation in accordance with the provisions of section 231-5. 5(d) o f this Subpart, Subpart 231-12 of this Part, and department approved modeling procedures.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-5.2

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/25/2021