6 CRR-NY 231-3.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER III. AIR RESOURCES
SUBCHAPTER A. PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
PART 231. NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES
SUBPART 231-3. GENERAL PROVISIONS
6 CRR-NY 231-3.5
6 CRR-NY 231-3.5
231-3.5 Source obligation.
(a) The issuance of a permit does not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan.
(b) For the purposes of Subparts 231-7 and 231-8 of this Part only, at such time that a particular facility becomes a major facility, or a modification becomes a NSR major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the facility or modification otherwise to emit a regulated NSR contaminant, such as a restriction on hours of operation, then the requirements of Subparts 231-7 and 231-8 of this Part, as applicable, apply to the facility as though construction had not yet commenced on the facility.
(c) Any owner or operator of a facility that proposes a project that involves a physical change or change in the method of operation that the owner or operator determines would be followed by a facility emissions increase that exceeds baseline actual emissions and that equals or exceeds any of the significant project thresholds in Subpart 231-13 of this Part, table 3, 4 or 6, must notify the department in writing of the proposed project prior to implementing the change if the owner or operator determines that the project does not constitute a modification because all the emission increases are attributable to independent factors in accordance with section 231-4.1(b)(41)(i)(c) of this Part. The notification shall include the following:
(1) a description of the change;
(2) the calculation of the projected emissions increase;
(3) the proposed date of the change; and
(4) an explanation of the factual basis for the conclusion that none of the projected emission increases are attributable to the proposed project.
6 CRR-NY 231-3.5
Current through July 15, 2019
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