N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-5.3

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

Section 231-5.3 - Permit content and terms of issuance

The permit content and terms of issuance a reset forth generally in Subpart 231-11 o f th is Part. In addition, the following provisions apply:

(a) The following emission limitations, as applicable, shall be established in a permit:

(1) the potential to emit of all applicable nonattainment contaminants of a proposed facility;

(2) the potential to emit each applicable nonattainment contaminant of a modification at an existing non-major facility which has a project emission potential for any nonattainment contaminant that exceeds the major facility threshold for that contaminant; and

(3) any applicable LAER limitation.

(b) A revised air quality impact evaluation must be submitted, if applicable, if the emission offset list changes after the department provides a notice of complete application in accordance with Part 621 of this Title, and a supplemental public notice must be provided in accordance with subdivision (c) of this section.

(c) 'Supplemental public notice requirements for ERCs used as emission offsets'.

(1) A supplemental public notice is required prior to final permit issuance if the list of facilities providing ERCs for emission offsets is changed or finalized after the date of the notice of complete application. Such notice will be provided in accordance with Part 621 of this Title.

(2) A significant permit modification in accordance with Part 201 of this Title, and supplemental public notice are required if the list of facilities providing ERCs is changed after final permit issuance and prior to commencement of operation. Such notice will be provided in accordance with Part 621 of this Title.

(d) A petition for party status pursuant to the supplemental notice provisions based on an offer of proof that raises substantive and significant issues related to emission offset requirements of this Part will not be considered as late filed petitions for party status pursuant to Part 624 of this Title.

(e) 'Offset confirmation prior to the commencement of operation'. At least 60 days prior to the date a proposed new or modified facility commences operation, the permittee must submit an application to the department if there are any proposed changes to the approved list of emission offset sources included in the permit for that facility. For each such change, the applicant must submit another use of emission reduction credits form signed by the applicant and an authorized representative of the new offset source.

(f) 'Future ERCs'. The permittee must submit prior to permit issuance a copy of each modified permit establishing future ERCs. The permittee must also submit a letter to the department stating that the future reductions have physically occurred. The letter shall be submitted as follows:

(1) no less than 10 working days prior to the date the proposed new or modified facility commences operation, except for a functional replacement of an existing emission source(s); or

(2) by the conclusion of the facility shakedown period, as identified under section 231-3.8 of this Part, for a functional replacement of an existing emission source(s).

(g) 'Canceled or abandoned projects'. Prior to the commencement of operation, a facility owner or operator may notify the department of their intention to abandon the project and request a return of ERCs committed for use as emission offsets. Following the department's approval of such request and rescission of the permit, the department will return the unused ERCs to the ERC Registry.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-5.3

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