N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-9.5

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

Section 231-9.5 - Permit contents

The following terms and conditions, at a minimum, must be included in a permit which establishes a PAL:

(a) The PAL contaminant, the applicable facility-wide emission limitation in tpy, and required monitoring provisions consistent with this section.

(b) The effective date of the permit and the expiration date of the PAL (PAL effective period).

(c) The emissions calculations to be used for compliance purposes. These calculations must include emissions from start-ups, shutdowns, and malfunctions.

(d) The procedures to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as required by this Subpart.

(e) 'Monitoring requirements'.

(1) General requirements.

(i) A requirement that the monitoring system accurately determines facility emissions of the PAL contaminant in terms of mass per unit of time according to the criteria contained in the following paragraphs of this section as applicable.

(ii) The PAL monitoring system must employ one or more of the four monitoring approaches meeting the minimum requirements set forth in paragraph (2) of this subdivision. If the facility utilizes CEMS to monitor a particular contaminant for which a PAL is sought, the facility must use the CEMS data to demonstrate compliance with the PAL.

(2) Minimum performance requirements for approved monitoring approaches. The following are acceptable monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (3) through (9) of this subdivision:

(i) mass balance calculations for activities using coatings or solvents;

(ii) CEMS;

(iii) other monitoring systems as approved by the department; and

(iv) emission factors.

(3) Mass balance calculations. A facility using mass balance calculations to monitor PAL contaminant emissions from activities using coating or solvents must meet the following requirements:

(i) provide a demonstrated means of validating the published content of the PAL contaminant that is contained in or created by all materials used in or at the emission source;

(ii) assume that the emission source emits all the PAL contaminant that is contained in or created by any raw material or fuel used in or at the emission source, if it cannot otherwise be accounted for in the process;

(iii) where the vendor of a material or fuel, which is used in or at the emission source, publishes a range of contaminant content from such material, the facility must use the highest value of the range to calculate the PAL contaminant emissions unless the department determines there is site specific data or a site specific monitoring program to support another content within the range.

(4) CEMS. A facility using CEMS to monitor PAL contaminant emissions must meet the following requirements:

(i) CEMS must comply with applicable performance specifications found in either 40 CFR part 60, appendix B, or 40 CFR part 75.

(ii) CEMS must sample, analyze and record data at least every 15 minutes while the emission source is operating.

(5) Other monitoring systems. A facility using other monitoring systems to monitor PAL contaminant emissions must meet the following requirements:

(i) the monitoring system must be based on current site specific data demonstrating a correlation between the monitored parameter(s) and the PAL contaminant emissions across the range of operation of the emission source; and

(ii) each monitoring system must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the department, while the emission source is operating.

(6) Emission factors. A facility using emission factors to monitor PAL contaminant emissions must meet the following requirements:

(i) all emission factors must be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors development;

(ii) the emission source must operate within the designated range of use for the emission factor, if applicable; and

(iii) if technically practicable, any facility with a significant PAL emission source that relies on an emission factor to calculate PAL contaminant emissions must conduct validation testing to determine a site specific emission factor within six months of permit issuance, unless the department determines that testing is not required.

(7) A facility owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emission source during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the permit.

(8) Notwithstanding the requirements in paragraphs (3) through (7) of this subdivision, where an owner or operator of a facility cannot demonstrate a correlation between the monitored parameter(s) and the PAL contaminant emissions rate at all operating points of the emission source, the department must include in the permit default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s). Alternatively, the department must determine that operation of the emission source during circumstances where there is no correlation between monitored parameter(s) and the PAL contaminant emissions is a violation of the PAL.

(9) Re-validation. All data used to establish the PAL contaminant must be re-validated through performance testing or other scientifically valid means approved by the department. Such testing must occur at least once every five years after issuance of the PAL.

(f) 'Recordkeeping requirements'.

(1) The facility must retain a copy of all records necessary to determine compliance with any requirement of this Subpart and of the PAL, including a determination of each emission source's 12-month rolling total emissions, for five years from the date of such record.

(2) The facility must retain a copy of the following records for the duration of the PAL effective period plus five years:

(i) a copy of the permit application and any applications for revisions to the PAL; and

(ii) each annual certification of compliance pursuant to Part 201 of this Title and the data relied on for such certification.

(3) The records must be maintained on-site or at an alternative location approved by the department. Such records may be retained in an electronic format.

(g) 'Reporting and notification requirements'. Semi-annual monitoring reports and prompt deviation reports must be submitted to the department. The reports must meet the requirements in this section and Subpart 231-11 of this Part.

(1) Semi-annual report. The semi-annual report must be submitted to the department within 30 days of the end of each reporting period, and include the following:

(i) total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (f)(1) of this section.

(ii) all data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL contaminant emissions;

(iii) a list of any emission sources modified or added to the major facility during the preceding six-month period;

(iv) the number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken; and

(v) a notification of the shutdown of any monitoring system stating, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emission source monitored by the monitoring system continued to operate. The notification shall also include a calculation of the emissions of the PAL contaminant according to the provisions in paragraph (e)(7) of this section.

(2) Deviation report. The major facility owner or operator must promptly submit a report of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. The deviation report must be submitted within the time limits prescribed by Part 201 of this Title and the Title V permit. A deviation report submitted in accordance with Subpart 201-6 of this Title will satisfy this reporting requirement. The report must contain, among other information required under Subpart 201-6 of this Title, identification of the owner or operator, the PAL requirement that experienced the deviation or that was exceeded, emissions resulting from the deviation or exceedance, and a signed statement by the responsible official as defined by the applicable title V permit certifying the truth, accuracy, and completeness of the information contained in the report.

(3) Re-validation results. The owner or operator must submit to the department the results of any re-validation test or method within three months after completion of such test or method.

(h) Provisions which implement the monitoring, recordkeeping, and reporting and notification requirements contained in this Subpart and any other requirements that the department deems necessary to implement and enforce the PAL.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-9.5

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