N.Y. Comp. Codes R. & Regs. tit. 6 § 236.6

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

Section 236.6 - Exemptions

(a) Any components not in gas/vapor or light liquid service are exempt from the provisions of this Part provided that the owner or operator keeps documentation at the facility proving which components are exempt.

(b) Any components in vacuum service are exempt from the provisions of this Part provided that the owner or operator keeps documentation at the facility proving which components are exempt.

(c) Any components in process units which produce chemicals listed in section 236.8, table 1, of this Part as byproducts which are not sold and are not used in another process as an intermediate product, are exempt.

(d) Any components in process units which produce chemicals listed in section 236.8, table 1, of this Part which are in gas/vapor or light liquid service fewer than 300 hours per year are exempt from the provisions of this Part provided that the owner or operator keeps documentation at the facility proving which components are exempt.

(e) The department will review and make determination on requests for waivers for the following:

(1) Components that are unsafe to monitor because of extreme temperatures, extreme pressures, location more than two meters (6.6 feet) above a permanent support structure, or for other reasons may be exempt from quarterly monitoring provided that the owner or operator requests a waiver from the department which includes a plan to monitor these components at least once per year.

(2) Components constructed to vent the emissions of chemicals regulated in this Part to an air cleaning installation may be exempt from quarterly monitoring provided that the owner or operator requests a waiver from the department which includes a plan to monitor these components at least once per year. The waiver application must also show that the air cleaning installation provides an overall capture and removal efficiency of at least 81 percent.

(3) An alternative method of compliance with the provisions of this Part may be acceptable if the owner or operator can demonstrate to the department that the methods utilized constitute reasonably available control technology.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 236.6