N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-9.1

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

Section 231-9.1 - General provisions

(a) Upon request of an applicant, the department shall establish a PAL at an existing major facility, provided that at a minimum, the following provisions are met:

(1) the PAL must impose a facility-wide annual emission limitation in tpy that is included in the Part 201 permit for the facility;

(i) for each month during the PAL effective period after the first 12 months following the PAL effective date, the facility must show that the sum of the monthly emissions from each emission source under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month total rolled monthly); and

(ii) for each month during the first 11 months following the PAL effective date, the facility must demonstrate that the sum of the preceding monthly emissions from the PAL effective date for each emission source under the PAL is less than the PAL;

(2) the PAL must include fugitive emissions, to the extent quantifiable, from all emission sources that emit or have the potential to emit the PAL contaminant;

(3) each PAL shall establish an emission limit for only one PAL contaminant;

(4) each PAL shall have a PAL effective period as defined in section 231-4.1 of this Part; and

(5) at no time (during or after the PAL effective period) are emissions reductions of a PAL contaminant that occur during the PAL effective period creditable as decreases for purposes of establishing emission offsets under this Part unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

(b) Any physical change or change in the method of operation of a major facility that maintains its total facility wide emissions below the PAL level, and is otherwise consistent with the requirements of this Subpart, will not be considered a NSR major modification for the PAL contaminant and is not subject to this Part.

(c) A facility must continue to comply with all applicable requirements, including any terms and conditions of the facility's Part 201 permit that were in effect prior to the effective date of the PAL.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-9.1