N.Y. Comp. Codes R. & Regs. tit. 6 § 231-7.1

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

Section 231-7.1 - Applicability

(a) The requirements of this Subpart apply in attainment areas of the State to the construction and/or operation of:

(1) any proposed facility which has the potential to emit a regulated NSR contaminant in an amount that equals or exceeds the applicable major facility threshold, in table 5 of Subpart 231-13 of this Part, for that contaminant; or

(2) a modification to an existing non-major facility which has a project emission potential for any regulated NSR contaminant that equals or exceeds the applicable major facility threshold, in table 5 of Subpart 231-13 of this Part, for that contaminant.

(b) An existing non-major facility that is located in an attainment area of the State which proposes a modification that has a project emission potential for any regulated NSR contaminant that does not equal or exceed the applicable major facility threshold, in table 5 of Subpart 231-13 of this Part, but would result in the facility becoming a major facility for such contaminant, is not subject to review under this Subpart. However, the facility owner or operator must apply for and obtain a permit in accordance with Part 201 of this Title and the permit must contain an emission limit(s) equal to the potential to emit of the emission source(s) affected by the modification.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 231-7.1