N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-8.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 231-8.5 - General requirements

The following provisions are also applicable for the review of applications under this Subpart.

(a) 'Ambient air increments'. Concentration limitations necessary to assure that in areas designated as Federal class I, class II, or class III, increases in any regulated NSR contaminant concentration over the baseline concentration do not exceed those listed in Subpart 231-12 of this Part.

(b) 'Ambient air ceilings'. For any regulated NSR contaminant for a period of exposure, no concentration of that regulated NSR contaminant is allowed to exceed the lower of the following:

(1) the concentration permitted under the national secondary ambient air quality standard; or

(2) the concentration permitted under the national primary ambient air quality standard.

(c) 'Restrictions on area classifications and redesignation'.

(1) All areas of the State are designated class II as identified in department policy documents, but may be redesignated as provided in this subdivision.

(2) The following areas may be redesignated only as Federal class I:

(i) an area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and

(ii) a national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.

(3) The State may submit to the administrator a proposal to redesignate areas in the State as class I according to the provisions established by 40 CFR part 51.166.

(d) 'Exclusions from increment consumption'.

(1) The following concentrations must be excluded in determining compliance with the maximum allowable ambient air increment:

(i) concentrations attributable to the increase in emissions from facilities which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding Federal legislation) over the emissions from such facilities before the effective date of such an order;

(ii) concentrations attributable to the increase in emissions from facilities which have converted from using natural gas by reason of any applicable natural gas curtailment plan in effect pursuant to the Federal Power Act (or any other superseding Federal legislation) over the emissions from such facilities before the effective date of such plan;

(iii) concentrations attributable to the increase in emissions from construction of other temporary emission related activities at the facility;

(iv) increase in concentrations attributable to new facilities outside the United States over the concentrations attributable to existing facilities which are included in the baseline concentration; and

(v) for subparagraphs (i) and (ii) of this paragraph, no exclusion of such concentrations applies more than two years after the effective date which is applicable. If both such order and plan are applicable, no such exclusion applies more than five years after the later of such effective dates.

(2) Concentrations attributable to the temporary increase in emissions of SO₂, PM, or NO_x from facilities which are limited to less than one year in duration are excluded, provided the department:

(i) approves the time over which the temporary emissions increase of SO₂, PM, or NO_x would occur;

(ii) specifies that the time period for excluding certain contributions in accordance with this subdivision, is not renewable;

(iii) allows no emissions increase from a facility which would:

('a') impact a Federal class I area or an area where an applicable increment is known to be violated; or

('b') cause a violation or contribute to a known violation of a national ambient air quality standard;

(iv) requires limitations to be in effect at the end of the time period specified in accordance with this subdivision, which would ensure that the emissions levels from facilities would not exceed those levels occurring from such facilities before the exclusion was approved.

(e) 'Stack heights'. The degree of emission limitation required for control of any regulated NSR contaminant under this Subpart must not be affected in any manner by:

(1) a stack height, not in existence before December 31, 1970, as exceeds good engineering practice, pursuant to 40 CFR 51.100(ii); or

(2) any other dispersion technique not implemented before December 31, 1970.

(f) 'Requirements for sources impacting Federal class I areas:'

(1) Notice to EPA and Federal land manager. The department or the applicant, at the request of the department, shall submit a copy of the permit application and all relevant information to the EPA region 2 office and the Federal land manager within 30 days of receipt of the application.

(2) Federal land manager. The Federal land manager and the Federal official charged with direct responsibility for management of such lands have an affirmative responsibility to protect the AQRVs (including visibility) of such lands and to consider, in consultation with the department, whether a proposed new or modified facility will have an adverse impact on such values.

(3) Visibility analysis and AQRV analysis. The department must consider any analysis performed by the Federal land manager, provided prior to the date of publication of the draft permit that shows that a proposed new major facility may have an adverse impact on visibility or other AQRV in any Federal class I area. Where the department finds that such an analysis does not demonstrate to the satisfaction of the department that an adverse impact on visibility or other AQRV will result in the Federal class I area, the department must, in the notice of public hearing on the permit application, either explain its decision or give notice as to where the explanation can be obtained.

(4) Denial of a permit based on adverse impact on AQRVs. The Federal land manager of any such lands may demonstrate to the department that the emissions from a proposed modification to a facility would have an adverse impact on the AQRVs (including visibility) of those lands, notwithstanding that the change in air quality resulting from emissions from the proposed modification to the facility would not cause or significantly contribute to concentrations which would exceed the maximum allowable increases for a Federal class I area. If the department concurs with such demonstration, then it must not issue the permit.

(5) Federal class I variances. The owner or operator of a facility proposing a modification may demonstrate to the Federal land manager that the emissions from the modification to the facility would have no adverse impact on the air quality related values (including visibility) of any such lands, notwithstanding that the change in air quality resulting from emissions from the modification to the facility would cause or contribute to concentrations which would exceed the maximum allowable increases for a Federal class I area. If the Federal land manager concurs with such demonstration and so certifies, provided that the applicable requirements of this section are otherwise met, the State may issue the permit with such emission limitations as may be necessary to assure that emissions of SO₂, PM, and NO_x would not exceed the maximum allowable increases over minor source baseline concentration as listed in table 7 of Subpart 231-13 of this Part.

(6) SO₂ variance by governor of the Federal class I area with Federal land manager's concurrence. The owner or operator of a facility proposing a modification which cannot be approved under paragraph (4) of this subdivision may demonstrate to the governor of the Federal class I area that the modification to the facility cannot be constructed by reason of any maximum allowable increase for SO₂ for a period of 24 hours or less applicable to any Federal class I area, and that a variance under this paragraph would not adversely affect the air quality related values of the area (including visibility). The governor of the Federal class I area, after consideration of the Federal land manager's recommendation (if any) and subject to his or her concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the department will issue a permit to the facility, provided that the applicable requirements of this Subpart are otherwise met. In this instance, the SO₂ concentrations must meet the maximum allowable increase in SO₂ concentrations in table 8 of Subpart 231-13 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-8.5

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