N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-6.7

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

Section 231-6.7 - Internal offset requirements, severe ozone nonattainment area only

This section represents a mechanism for avoiding a determination of applicability of this Part, for emissions of VOC or NO_x in the severe ozone nonattainment area only, in those instances where a NSR major modification is proposed at an existing major facility and a net emission increase determination of non-applicability is not possible.

(a) 'Internal offset applicability'. An internal offset shall be considered for purposes of determining applicability or degree of control required under section 231-6.1(d)(1) or (2) of this Subpart for a proposed NSR major modification.

(b) Use of a NO_x or VOC ERC as part of an internal offset. An ERC shall meet the following conditions to be used as part of an internal offset:

(1) an ERC shall come from an emission source within the same existing major facility as a proposed NSR major modification;

(2) an ERC shall have physically occurred on or after November 15, 1990, but need not be contemporaneous with a proposed NSR major modification for which the reduction is used; and

(3) an ERC, or portion thereof, shall be included as a condition in the permit for the proposed NSR major modification for which the reduction is used.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-6.7

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