N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-9.6

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

Section 231-9.6 - Permit modifications and reopenings

(a) Permit reopening to revise a PAL. The following provisions apply to permit reopenings to revise a PAL.

(1) During the PAL effective period, the department must reopen the permit to:

(i) correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;

(ii) reduce the PAL if the facility creates creditable emissions reductions for use as emission offsets under this Part;

(iii) revise the PAL to reflect an increase in the PAL as provided under subdivision (b) of this section.

(2) The department retains discretion to reopen the permit for the following:

(i) reduce the PAL to reflect new applicable requirements with compliance dates after the PAL effective date;

(ii) reduce the PAL consistent with any other requirement the State may impose on the major facility under the State Implementation Plan; and

(iii) reduce the PAL if the department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal class I area by a Federal land manager and for which information is available to the general public.

(3) Except for permit reopenings for the correction of typographical or calculation errors that do not increase the PAL, all other reopenings must be processed in accordance with the procedures in Parts 201 and 621 of this Title for a major permit modification.

(b) Increasing a PAL during the PAL effective period.

(1) Upon request of an applicant, the department may increase a PAL during the PAL effective period provided all of the following provisions are met:

(i) A complete application for a significant permit modification is submitted in accordance with the provisions of Parts 201 and 621 of this Title requesting an increase in the PAL. Such application must identify the emission source(s) which will have additional emissions that will cause the emissions of the facility to equal or exceed its current PAL.

(ii) As part of this application, the facility must demonstrate that the sum of the following two items will exceed the existing PAL:

(a) for all new or modified emission sources, the sum of the potential to emit of each emission source; and

(b) for all other emission sources:

(1) the sum of baseline actual emissions of all the minor PAL emission sources; and

(2) the sum of baseline actual emissions of all the significant and major PAL emission sources assuming application of BACT or LAER equivalent controls as appropriate.

The level of control that would result from the application of BACT or LAER equivalent controls on each significant or major PAL emission source must be determined by conducting a new BACT or LAER analysis at the time the application is submitted, unless the emission source is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emission source must be equal to the level of BACT or LAER with which that emission source must currently comply.

(iii) The facility must obtain a permit modification that includes all emission source(s) identified in subparagraph (i) of this paragraph, regardless of the magnitude of the emissions increase resulting from them. These emission source(s) must continue to comply with any other applicable requirements contained in the permit even though they have also become subject to the PAL or continue to be subject to the PAL.

(2) Permit contents. The following provisions, in addition to the other requirements of this Subpart, must be included in the permit authorizing the increased PAL:

(i) A provision that the increased PAL will be effective on the date any emission source that is part of the PAL modification becomes operational and begins to emit the PAL contaminant.

(ii) The new PAL shall be calculated as the sum of the facility potential to emit for each proposed new or modified emission source, plus the sum of the baseline actual emissions of the significant and major emission sources (assuming application of BACT or LAER equivalent controls as determined in accordance with subparagraph [1][ii] of this subdivision) plus the sum of the baseline actual emissions of each minor PAL emission source.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-9.6