Statutes, codes, and regulations
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 231-6 - Modifications to Existing Major Facilities in Nonattainment Areas and Attainment Areas of the State within the Ozone Transport Region
Section 231-6.1 - Applicability

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-6.1

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Current through Register Vol. 46, No. 39, September 25, 2024
Section 231-6.1 - Applicability

The requirements of this Subpart apply to the construction and/or operation of any proposed modification at an existing major facility located in a nonattainment area, or an attainment area of the State within the ozone transport region as follows:

(a) For a modification with a project emission potential, calculated utilizing projected actual emissions, which does not equal or exceed the applicable significant project threshold in table 3 or table 4 of Subpart 231-13 of this Part, the facility owner or operator must comply with the provisions of section 231-11.2 of this Part.
(b) For a modification with a project emission potential which equals or exceeds the applicable significant project threshold in table 3 or table 4 of Subpart 231-13 of this Part, but does not result in a NSR major modification, the facility owner or operator must comply with the provisions of section 231-6.2 of this Subpart.
(c) For a modification which the facility determines will result in a NSR major modification, the facility owner or operator must comply with the provisions of this Subpart as appropriate.
(d) 'Special applicability rules for modifications of existing major facilities in severe ozone non attainment areas'.
(1) Modifications of facilities emitting less than 100 tpy. In the case of any major facility of VOC or NOx (other than a facility which emits or has the potential to emit 100 tpy or more of VOC or NOx), whenever any modification at the facility results in a NSR major modification of VOC or NOx from any discrete operation, emission source, or other regulated NSR contaminant emitting activity at the facility, such emission increase shall be considered as a modification for purposes of requiring a permit under this Part, except that such increase shall not be considered a modification for such purposes if the owner or operator of the facility elects to offset the emission increase by a greater reduction in emissions of VOC or NOx, as applicable, from other operations, emission sources, or activities within the facility at an internal offset ratio of at least 1.3 to 1. If the owner or operator does not make such election, the modification shall be considered a NSR major modification for such purposes, but in applying control requirements, BACT shall be substituted for LAER.
(2) Modifications of facilities emitting 100 tpy or more. In the case of any major facility of VOC or NOx which emits or has the potential to emit 100 tpy or more of VOC or NOx whenever any modification at the facility results in a NSR major modification of VOC or NOx from any discrete operation, emission source, or other contaminant emitting activity at the facility, such emission increase shall be considered a modification for purposes of requiring a permit under this Part, except that if the owner or operator of the facility elects to offset the emission increase by a greater reduction in emissions of VOC or NOx, as applicable, from other operations, emission sources, or activities within the facility at an internal offset ratio of at least 1.3 to 1, the requirements of LAER shall not apply.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-6.1

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