N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-6.2

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

Section 201-6.2 - Permit Applications

(a) 'Timely application'. The owner or operator of a facility subject to this Subpart shall submit a complete application, as defined in Part 621 of this Title and this Subpart, for initial issuance of a title V permit, or renewal, in accordance with the timeframes established under paragraphs (1) through (6) of this subdivision:

(1) Prior to the commencement of construction of a new facility subject to permitting under this Subpart.

(2) Prior to the commencement of construction of new emission unit(s) or modified emission units at an existing facility that makes the facility subject to title V permitting. The owner or operator of a facility subject to this provision may choose to apply for a State facility permit pursuant to section 201-5.2 of this Part. Upon issuance, that permit shall authorize both construction and operation of the new or modified emission units until a title V permit is issued in accordance with this Subpart. An application for a title V permit is required within one year of the commencement of operation of the new or modified emission unit(s).

(3) Prior to the commencement of construction of a new emission unit at an existing title V facility. The owner or operator of an existing title V facility, which is being modified by the addition of a new emission unit comprised solely of new emission sources, may apply for a State facility permit pursuant to section 201-5.2 of this Part that will authorize construction and operation of the new emission unit upon issuance. An application for a title V permit modification is required within one year of the commencement of operation of the new emission unit.

(4) At least 180 days, but not more than eighteen months, prior to the date of permit expiration for permit renewal purposes.

(5) For existing facilities required to meet the requirements under section 112(g) of the act, prior to construction.

(6) For existing facilities with any emission source designated by EPA as requiring a title V facility permit, within 12 months after the effective date of EPA's designation, or by a later deadline specified by EPA in its designation.

(b) 'Completeness determinations'.

(1) Applications submitted for title V facility permits must be reviewed for completeness by the department in accordance with subdivision (d) of this section and Part 621 of this Title.

(2) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, the applicant shall provide additional information as necessary to address any requirements that become applicable to the facility after the date it filed a complete application but prior to release of a draft permit.

(3) If a facility owner or operator submits a timely and complete application for title V permit issuance and/or renewal, the failure to have a title V facility permit is not a violation of this Part because the department has not taken final action on the permit application, except as noted in this section. This protection shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit, by a reasonable deadline specified in writing by the department, any additional information identified as being needed to review and act on the application. The department will reinstate this protection upon receipt of the additional information in the event that an applicant is unable to provide it within the specified timeframe.

(c) 'Final decisions'. The department shall act on title V facility permit applications in accordance with the timeframes and procedures established in Part 621 of this Title. Failure to act on new title V facility permit applications within 18 months of receipt of a complete application shall be grounds for judicial review in State court.

(d) 'Application Content'. All title V facility permit applications submitted to the department shall be signed by a responsible official and provided in a format acceptable to the department. Title V facility permit applications must include the following information at a minimum:

(1) Identifying information, including company name and address (or facility name and address if different from the company name), owner's name and representative, and telephone number and names of the facility manager/contact.

(2) A description of the facility's processes and products (by Standard Industrial Classification or North American Industry Classification System code) including any associated with each alternate operating scenario identified by the owner or operator.

(3) The following emissions-related information:

(i) All emissions of pollutants for which the facility is major, all emissions of regulated air pollutants, and all emissions of high toxicity air contaminants listed in Table 1 of Subpart 201-9 of this Part. The permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, emission point and process, except where such units are listed as exempt or trivial under Subpart 201-3 o f this Part. The applicant shall submit additional information related to the emissions of regulated air pollutants sufficient to verify which Federal requirements are applicable to the facility.

(ii) Fugitive emissions from a major facility shall be included in the permit application in the same manner as stack emissions, regardless of whether the source category in question is included in the definition of major facility. Source categories that must include fugitive emissions in the applicability determination for title V facility permits are identified within the definition of major facility.

(iii) Identification and description of all emission units described in the above paragraphs in sufficient detail to establish the applicability of Federal requirements.

(iv) Emissions rates of all regulated air pollutants in such terms as are necessary to establish compliance consistent with the applicable standard reference test method.

(v) The following information to the extent it is needed to determine or regulate emissions in accordance with applicable requirements: Fuel types and their usage, raw materials, production rates, and operating schedules.

(vi) Identification and description of air pollution control equipment and compliance monitoring devices or activities required under the Clean Air Act.

(vii) Enforceable limitations on facility operation restricting emissions, including federally enforceable emission caps, or any work practice standards, where applicable, for all regulated air pollutants.

(viii) Other information required by any applicable requirement.

(ix) Sample or actual calculations on which the information in subparagraphs (i) through (viii) of this paragraph is based.

(x) A process flow diagram detailing which process emissions and emission sources exhaust from which emission point.

(xi) A description of each emission point associated with each emission unit that includes the following parameters: stack height (ft), stack height above building (ft), inside stack diameter (in), exit temperature (degrees F), exit velocity (ft/sec), exit flow (acfm), distance from the emission point to the property line (ft) and NYTM coordinates.

(4) The following air pollution control requirements:

(i) Citation and description of all applicable requirements.

(ii) Description of or reference to any applicable test method for determining compliance with each applicable requirement.

(5) Other specific information that may be necessary to implement and enforce other requirements of the act or to determine the applicability of such requirements.

(6) An explanation of any proposed exemptions from otherwise applicable Federal requirements and a description of any proposed exempt activities and/or emission units.

(7) Information necessary to define operational flexibility proposed in accordance with section 20 1 -6. 4 of this Subpart.

(8) A compliance plan for all emission source activities subject to applicable requirements that contains the following:

(i) A description of the compliance status of the emission source activity with respect to all applicable requirements.

(ii) A description of applicable requirements as follows:

('a') For applicable requirements with which the facility is in compliance, a statement that the facility will continue to comply with such requirements.

('b') For applicable requirements that will become effective during the permit term, a statement that the facility will meet such requirements on a timely basis.

('c') For applicable requirements for which the facility is not in compliance at the time of permit issuance, a narrative description of how the facility will achieve compliance with such requirements.

(iii) A compliance schedule as follows:

('a') For applicable requirements that will become effective during the permit term, a statement that the facility will meet such requirements on a timely basis, consistent with section 201-6.4(a)(1)(i)-(iii) of this Subpart. A statement that the facility will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.

('b') A schedule of compliance for facilities that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the facility will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements or standards on which it is based.

(iv) A schedule for submission of certified progress reports no less frequently than every six months for facilities required to have a schedule of compliance to remedy a violation.

(v) The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan, as defined in 40 CFR part 72, for an 'affected source', except as specifically superseded by regulations promulgated under the acid rain program with regard to the schedule and method(s) the 'affected source' will use to achieve compliance with the acid rain emissions limitations.

(9) Requirements for compliance certification, including the following:

(i) A certification of compliance with all applicable requirements signed by a responsible official consistent with this section.

(ii) An identification of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods.

(iii) A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the department in the permit.

(iv) A statement indicating the facility's compliance status with applicable compliance assurance monitoring and compliance certification requirements of the act.

(10) 'Reserved'.

(11) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required by title IV of the act.

(12) Certification by a responsible official. Any application form, report, or compliance certification submitted pursuant to the Federal title V permitting requirements under this Subpart shall contain certification of truth, accuracy, and completeness by a responsible official. This certification and any other certification required under this Subpart shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

(e) 'Confidentiality'. A responsible official can request that certain information in a title V facility permit application be kept from public disclosure if it can be demonstrated to the department that the information is a trade secret. Such requests must be made in accordance with Part 616 of this Title. Information submitted to the department pursuant to Part 616 of this Title may be submitted directly to the administrator by the facility owner to determine if it is confidential pursuant to 40 CFR part 2.

(f) Applications for title V facility permit modifications and revisions generally need only supply information related to the modification or revision, provided such information includes a complete set of data on any emission units affected by the modification or revision and any facility lev el information required in forms developed by the department to properly ascertain the nature and extent of a modification.

(g) The facility owner or operator may not omit information from an application that is needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the permit fee amount required by the department.

(h) The facility owner or operator may also elect to accept an emission cap in accordance with Subparts 201-4 and 201-7 of this Part in order to avoid the title V facility permit requirements of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-6.2

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021