N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-3.5

Current through Register Vol. 46, No. 39, September 25, 2024

Section 231-3.5 - Source obligation

(a) The issuance of a permit does not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan.

(b) For the purposes of Subparts 231-7 and 231-8 of this Part only, at such time that a particular facility becomes a major facility or a modification becomes a NSR major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the facility or modification otherwise to emit a regulated NSR contaminant, such as a restriction on hours of operation, then the requirements of Subparts 231-7 and 231-8 of this Part, as applicable, apply to the facility as though construction had not yet commenced on the facility.

(c) Any owner or operator of a facility that proposes a project that involves a physical change or change in the method of operation that the owner or operator determines would be followed by a facility emissions increase that exceeds baseline actual emissions and that equals or exceeds any of the significant project thresholds in Subpart 231-13 of this Part, table 3, 4 or 6, must notify the department in writing of the proposed project prior to implementing the change if the owner or operator determines that the project does not constitute a modification because all the emission increases are attributable to independent factors in accordance with section 231-4.1(b)(42)(i) ('c') of this Part. The notification shall include the following:

(1) a description of the change;

(2) the calculation of the projected emissions increase;

(3) the proposed date of the change; and

(4) an explanation of the factual basis for the conclusion that none of the projected emission increases are attributable to the proposed project.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-3.5

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