6 CRR-NY 201-6.5NY-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 201. PERMITS AND REGISTRATIONS
SUBPART 201-6. TITLE V FACILITY PERMITS
6 CRR-NY 201-6.5
6 CRR-NY 201-6.5
201-6.5 Special provisions.
(a) State enforceable requirements.
The department shall specifically designate as not being federally enforceable, any terms and conditions included in the permit that are not required under the act or under any of its applicable requirements. Terms and conditions so designated are not subject to the requirements of section 201-6.3 of this Subpart.
(b) Additional permit conditions for facilities subject to the Acid Rain Program of title IV of the act.
(1) Where an applicable requirement of the act is more stringent than regulations promulgated under title IV of the act, both requirements shall be incorporated into the permit, and shall be enforceable by the department and the administrator.
(2) Emissions exceeding any allowances that the facility owner/operator lawfully holds under title IV of the act or the regulations promulgated thereunder shall be prohibited by the permit. However, the facility owner or operator is not required to cover its emissions at all times. Rather, the facility owner or operator need only have sufficient sulfur dioxide allowances to cover emissions at the end of the true-up period in each year.
(3) No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to title IV, provided that such increases do not require a permit revision under any other applicable requirement.
(4) No limit shall be placed on the number of allowances held by the facility. The facility owner or operator may not, however, use allowances as a defense to noncompliance with any other applicable requirement.
(5) Any allowance shall be accounted for according to the procedures established in regulations promulgated under the acid rain provisions of title IV.
(c) Emergency defense provision.
Each title V facility permit shall contain a condition that requires reporting of noncompliance due to an emergency. In the event that emissions of contaminants in excess of any emission standard of this Chapter occur due to an emergency (as defined in this Part), the facility owner or operator shall report such event to the department's representative as soon as possible during normal working hours, but in any case not later than two working days after the event occurs. The report must describe the emergency, any steps taken to mitigate emissions, and the corrective actions taken. Facilities desiring an affirmative defense for non-compliance with any applicable requirement due to an emergency shall follow the requirements established under the general provisions in this Part.
6 CRR-NY 201-6.5
Current through July 15, 2019
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.