N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-9.7

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

Section 231-9.7 - PAL renewals and expirations

(a) 'Permit renewal where PAL is not renewed'. The following provisions set forth the requirements for an application to renew a title V permit where a PAL will expire at the end of the PAL effective period and the facility has not included a request to renew the PAL in such application. The facility must continue to comply with the PAL until such time as the department issues a renewed title V permit.

(1) Application content. In addition to any other information required pursuant to this Chapter, the title V permit application must include a proposed allowable emission limitation for each emission source. Such emission limitations must be calculated by distributing the PAL of the facility among each emission source that is subject to an emission limitation under the PAL and must be adjusted to reflect any applicable requirements that became effective during the PAL effective period if the PAL was not previously adjusted.

(2) Permit content. In addition to any other requirements of this Chapter, a title V permit issued following the expiration of a PAL shall include the following provisions:

(i) emission limits for each emission source on a 12-month rolling basis. The allowable emission limits shall be established in accordance with a distribution of the PAL that the department determines is appropriate; and

(ii) a facility must demonstrate compliance with the allowable emission limitation(s) through the use of CEMS or other monitoring systems (source testing, emission factors, etc.) as the department may approve.

(b) 'Permit renewal where a PAL is renewed'.

(1) Application deadline. The application deadlines for renewal of the title V permits in Part 201 of this Title shall govern the application to renew a PAL.

(2) Application content. The application to renew a permit with a PAL must contain the following information:

(i) the information required in section 231-9.2(a) through (c) of this Subpart;

(ii) a proposed PAL;

(iii) the sum of the potential to emit of all emission sources subject to the PAL with supporting documentation; and

(iv) any other relevant information the owner or operator submits to the department for consideration in determining the appropriate level for renewing the PAL.

(3) PAL adjustment. In determining whether and how to adjust the PAL, the department must consider the options outlined below. All adjustments must comply with subparagraph (iii) of this paragraph:

(i) if the emissions level calculated in accordance with section 231-9.4(a) through (d) of this Subpart is equal to or greater than 80 percent of the level of the existing PAL at the time of renewal, the department may renew the PAL at the same level, without considering the factors set forth in subparagraph (ii) of this paragraph; or

(ii) the department may set the PAL at a level that the department determines is more representative of the baseline actual emissions of the facility, or is more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage voluntary emissions reductions at the facility, or other factors as specifically identified by the department.

(iii) notwithstanding subparagraphs (i) and (ii) of this paragraph:

('a') if the potential to emit of the facility is less than the PAL, the department must adjust the PAL to a level no greater than the potential to emit of the facility; and

('b') the department cannot approve a renewed PAL higher than the current PAL, unless the facility has complied with the provisions of section 231-9.6(b) of this Subpart.

(iv) section 231-9.4(e) of this Subpart is inapplicable to the renewal of a PAL.

(4) If the compliance date for an applicable requirement occurs during the PAL effective period, and the department has not already adjusted the PAL to reflect such requirement, the PAL must be adjusted at the time of permit renewal.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-9.7

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