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New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter III - AIR RESOURCESSubchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTIONPart 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES
Subpart 231-2 - REQUIREMENTS FOR EMISSION UNITS SUBJECT TO THE REGULATION ON OR AFTER NOVEMBER 15, 1992 AND PRIOR TO FEBRUARY 19, 2009
Section 231-2.7 - Netting

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.7

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Current through Register Vol. 46, No. 39, September 25, 2024
Section 231-2.7 - Netting

This section represents a mechanism for avoiding a determination of applicability of this Subpart in those instances where a significant source project is proposed at an existing major facility.

(a) Creditable emission increases and ERCs.
(1) Any creditable emission increase or emission reduction credit shall be of the same class of nonattainment contaminant. Any VOC may be substituted for any other VOC.
(2) Any creditable emission increase or ERC which is used in a net emission increase determination shall occur at the same major facility as a proposed source project.
(b) Net emission increase determination. A net emission increase determination shall be confined to the appropriate contemporaneous period(s) for a proposed source project, and is subject to the following:
(1) A net emission increase determination shall only be allowed at an existing major facility.
(2) At an existing major facility, a significant source project shall be subject to this Subpart unless the net emission increase associated with the proposed source project is demonstrated to be less than the corresponding significant net emission increase threshold in section 231-2.12 or 231-2.13 of this Subpart.
(3) Any ERC (or portion thereof) which is used in a net emission increase determination of non-applicability shall be described as a special condition in the permit for the proposed source project for which the reduction is used.
(4) Any creditable emission increase from an emission unit issued a permit for which an emission offset or an internal offset was obtained, shall not be considered in any subsequent net emission increase determination.
(c) Revisiting a net emission increase determination of non-applicability. Any source project proposed at an existing major facility subsequent to a net emission increase determination of non-applicability for a previously permitted source project shall be evaluated by the applicant in terms of the effect the project emission potential of the proposed source project will have on the prior determination. If the permit application for the proposed source project indicates it will commence operation subsequent to the close of the contemporaneous period for the previously permitted source project, an enforceable condition shall be added to the permit for the proposed source project prohibiting operation prior to this date. If the permit application for the proposed source project indicates it will commence operation during the contemporaneous period for the previously permitted source project and would as a result of such operation cause the prior net emission increase to exceed any significant net emission increase threshold in section 231-2.12 or 231-2.13 of this Subpart, the applicant shall:
(1) request a special permit condition which prohibits the proposed source project from commencing operation until after the close of the contemporaneous period for the previously permitted source project; or
(2) obtain additional ERCs, sufficient to preserve the prior net emission increase determination of non-applicability; or
(3) submit applications requesting modification of the permit for the previously permitted source project to reflect applicability of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.7