N.Y. Comp. Codes R. & Regs. tit. 6 § 201-1.11

Current through Register Vol. 46, No. 25, June 18, 2024

Section 201-1.11 - Temporary emission sources

(a) The owner or operator of a facility operating a temporary emission source, as defined in Subpart 2 0 1 -2 of this Part, is not required to obtain or modify a permit or registration for that source, as otherwise required by this Part, if the following conditions are met:

(1) the owner or operator of the temporary emission source notifies the department of the intent to operate a temporary emission source at least 10 days in advance of such operation;

(2) the emission source is operated in compliance with all applicable requirements;

(3) the owner or operator of the facility where the temporary emission source is located maintains records on-site, for a period of at least five years, indicating the dates of operation of each temporary emission source;

(4) total emissions from the emission source do not exceed, or cause an existing permitted or registered facility to exceed, any of the following threshold levels:

(i) the major facility thresholds described in Paragraph 201-2.1(b)(21) of this Part;

(ii) an emissions cap established pursuant to Subparts 201-4 or 201-7 of this Part; or

(iii) the significant project thresholds described in Part 231 of this Title at an existing major facility ; and

(5) the temporary emission source is not an affected source, as defined in paragraph 201-2.1(b)(3) of this Part.

(b) The department may require the owner or operator of a temporary emission source to obtain an air permit or registration for the location at which the source is operated if it determines that the emission source does not or cannot meet the requirements of this section or any other requirements of this Chapter.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 201-1.11

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021